Dipping And Coating Operations (Dip Tanks)

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-022]

RIN 1218-AB55

Dipping And Coating Operations (Dip Tanks)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Proposed rule.

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SUMMARY: OSHA's rules for dipping and coating operations are designed

to protect employees from the fire, explosion, and other hazards

associated with these operations. OSHA is proposing to revise these

rules, which are codified at Secs. 1910.108 and 1910.94(d) of part

1910. This revision will achieve three purposes: it will rewrite these

rules in plain language, consolidate them in several new sequential

sections in subpart H of part 1910, and update them to increase the

compliance options available to employers. OSHA believes that the

proposed revisions will enhance employee protection by making the

sections more understandable to employers and employees and providing

additional compliance flexibility to employers. These revisions will

not increase the burden imposed on employers by the rules. When the

rulemaking is completed, OSHA will codify the revisions as

Sec. 1910.121 through 1910.125.

OSHA is presenting two alternative versions of the proposed plain

language sections. The first version is organized in the traditional

OSHA regulatory format, while the second version uses a question-and-

answer format. OSHA invites comments on the substance of the proposed

changes and on the alternative formats.

DATES: Written comments and requests for a hearing on this proposal

must be postmarked by June 8, 1998.

ADDRESSES: Comments and requests for hearings must be submitted in

quadruplicate or one (1) original (hardcopy) and one (1) diskette (5\1/

4\- or 3\1/2\-inch) in WordPerfect 5.0, 5.1, 6.0, or 6.1, or ASCII to:

Docket Office, Docket No. S-022, Room N-2625, Occupational Safety and

Health Administration, U.S. Department of Labor, 200 Constitution

Avenue, NW., Washington, DC 20210; telephone: (202) 219-7894. Any

information not contained on the diskettes (e.g., studies, articles)

must be submitted in quadruplicate with the original. Written comments

of 10 pages or less may be transmitted by facsimile (fax) to the Docket

Office at (202) 219-5046, provided an original and three (3) copies are

sent to the Docket Office before the end of the 60-day comment period.

For an electronic copy of this Federal Register notice, contact the

Labor News Bulletin Board at (202) 219-4748, or access OSHA's web page

on the Internet at http://www.OSHA.gov. For news releases, fact sheets,

and other short documents, contact the OSHA fax number at (900) 555-

3400; the cost is $1.50 per minute.

FOR FURTHER INFORMATION CONTACT: Technical inquiries should be directed

to Mr. Terence Smith, Office of Fire Protection Engineering and System

Safety Standards, Room N-3609, Occupational Safety and Health

Administration, U.S. Department of Labor, 200 Constitution Avenue, NW,

Washington, DC 20210; telephone: (202) 219-7216; fax: (202) 219-7477.

Requests for interviews and other press inquiries should be

directed to Ms. Bonnie Friedman, Office of Information and Consumer

Affairs, Room N-3647, Occupational Safety and Health Administration,

U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC

20210; telephone: (202) 219-8148.

SUPPLEMENTARY INFORMATION:

I. Background

In 1971, OSHA used section 6(a) of the Occupational Safety and

Health Act of 1970 (``the Act'') (29 U.S.C. 655(a)) to adopt hundreds

of national consensus standards and established Federal standards as

occupational safety and health standards. Over the ensuing 27 years,

OSHA became aware that some of these standards are wordy, difficult to

understand, repetitive, and internally inconsistent. OSHA has also

received a number of complaints that these standards were rigid and

difficult to follow.

In May 1995, President Clinton asked all Federal regulatory

agencies to review their regulations to determine if the regulations

were inconsistent, duplicative, outdated, or in need of being rewritten

in plain language. In response, OSHA conducted a line-by-line review of

its standards, and committed the Agency to eliminating those standards

found to be unnecessary, duplicative, and/or inconsistent and to

rewriting those standards found to be complex and outdated.

In revising its rules on dipping and coating operations, OSHA's

primary goal is to make them more understandable to the regulated

community. The proposed revisions involve reorganizing the text,

removing internally inconsistent provisions, eliminating duplicative

requirements, and simplifying the overly technical language and

requirements of the existing dip tank requirements, which are codified

at Secs. 1910.108 and 1910.94(d). OSHA also is proposing to update the

current standards by revising several provisions of these standards to

conform to National Fire Protection Association (NFPA) standard 34-

1995; the updated requirements would replace existing provisions that

were drawn from the 1966 version of the NFPA standard. For each of

these proposed revisions, OSHA explains why it believes the updated

requirements would provide equivalent protection to employees with no

additional regulatory burden to employers.

In making these revisions, OSHA has rewritten the requirements in

simple, straightforward, easy-to-understand terms. The proposed

sections are performance-oriented and shorter than the existing

standards. The number of subparagraphs and cross-references to other

OSHA standards or to national consensus standards has been reduced.

Both of the plain language versions of the proposed sections include a

detailed table of contents that is intended to make the subsequent

sections easier to use.

Both of the proposed plain language revisions would leave unchanged

the regulatory obligations placed on employers and the safety and

health protections provided to employees. OSHA believes, moreover, that

the performance-oriented language of the proposed sections would

facilitate compliance because it would make more compliance options

available to employers than is the case with the current standards.

The proposed rules would not require employers to make

technological changes and, therefore, would not impose increased costs

on employers. In fact, the proposed sections may decrease

[[Page 16919]]

employer costs because they would permit greater compliance

flexibility. Accordingly, OSHA has made a preliminary determination

that no economic or regulatory flexibility analysis of the proposed

sections is necessary, and certifies that the proposed sections would

not have a significant impact on a substantial number of small

entities.

II. The Need to Redraft OSHA's Regulations in Plain Language

Almost immediately after OSHA adopted the national consensus

standards and established Federal standards under section 6(a) of the

Act, many of these standards were criticized for being difficult for

employers and employees to understand. The Clinton Administration's

initiative to reinvent government, spearheaded by Vice President Gore,

has focused renewed attention on the difficulty many employers and

employees have in understanding Federal regulatory requirements,

including OSHA's rules. Responding to this initiative, the Department

of Labor has developed a complete regulatory reform strategy to use

plain language to make rules ``user friendly.'' The present proposal,

which offers two plain language versions of the regulatory text, is one

of several standards that have been identified by OSHA as part of its

regulatory reform strategy.

III. Revising the Dipping and Coating Standards

Introduction--OSHA's Goals in Revising the Standards

OSHA hopes to achieve the following three goals in this proposal:

To rewrite these rules in plain language so that they will

be easily understood by employers and employees;

To consolidate the rules applying to dipping and coating

operations into several new sequential sections in subpart H of part

1910; and

To update the rules to increase their compliance

flexibility and performance orientation.

OSHA believes that the proposal would achieve these goals without

decreasing the employee protections provided by the existing rules or

increasing the burden imposed on employers whose work operations

involve dipping and coating. In the following paragraphs, OSHA

describes how each of these goals would be served by proposed

Secs. 1910.121 through 1910.125 of part 1910.

Plain Language Revision

This proposal is primarily a plain language revision of OSHA's

standards for dipping and coating operations. In developing the

proposal, the Agency has been careful to ensure that the revisions

would not weaken the protections afforded to employees under current

Secs. 1910.108 and 1910.94(d) were not weakened in the revision

process. Employers who are in compliance with current Secs. 1910.108

and 1910.94(d) would continue to be in compliance with the new sections

after they become effective.

The proposed revisions would delete various details and

specifications from the existing rules that OSHA believes do not

contribute to employee protection. For example, paragraph (c)(1) of

current Sec. 1910.108 requires that dip tanks be constructed of

substantial materials, and that their supports consist of heavy metal,

reinforced concrete, or masonry. The proposed rule, at paragraph (a)(1)

of Sec. 1910.123, would replace that provision with a simple

requirement that dip tanks be able to withstand any expected load.

OSHA has organized proposed Secs. 1910.121 through 1910.125 in a

logical and understandable manner using the following principles:

General provisions should appear before specific

provisions or exceptions;

Important provisions should appear before less important

provisions;

Frequently used provisions should appear before less

frequently used provisions;

Substantive requirements should appear before procedural

requirements;

Permanent provisions should appear before temporary,

transitional, or ``grandfather'' provisions; and

``Housekeeping'' provisions and appendices should be

placed at the end of the requirements.

The proposed revision consists of five separate sections,

Secs. 1910.121 through 1910.125. The first section, proposed

Sec. 1910.121, contains a table of contents for the substantive

requirements contained in the other four sections. The other four

sections are described as follows:

Proposed Sec. 1910.122, entitled ``Dipping and coating

operations (dip tanks); Coverage,'' describes what is covered and not

covered by the proposed sections, and defines the significant terms

used in the revision.

Proposed Sec. 1910.123, entitled ``General requirements

for dipping and coating operations,'' specifies, in a logical order,

the requirements that would apply to all dipping and coating

operations. This section begins with construction and ventilation

requirements, followed by provisions for entry in dip tanks, training,

personal protective equipment, hygiene facilities, and physical

examination and first aid; it concludes with cleaning, maintenance, and

inspection provisions.

Proposed Sec. 1910.124, entitled ``Additional requirements

for dipping and coating operations that use flammable or combustible

liquids,'' contains provisions for preventing fires or explosions when

using flammable or combustible liquids, including additional

requirements for construction (including overflow piping), shutting

down operations under specific hazardous conditions, controlling

ignition sources, providing fire protection, and preventing liquids

from overheating.

Proposed Sec. 1910.125, entitled ``Additional requirements

for special dipping and coating applications,'' specifies additional

requirements for operations that involve: Hardening or tempering tanks;

flow coating; roll coating, roll spreading, or roll impregnating with

flammable or combustible liquids; vapor degreasing tanks; cyanide

tanks; spray cleaning and degreasing tanks; and electrostatic paint

detearing.

The proposed reorganization will eliminate the need for employers

and employees to look to two separate subparts of part 1910 for dipping

and coating requirements. In addition, consolidating and reorganizing

the current standards have substantially reduced their combined length.

Further reduction was achieved by eliminating a number of requirements

from the current standards that are adequately regulated by other OSHA

standards. For example, paragraphs (g)(2) to (g)(5) of current

Sec. 1910.108 regulate fire-extinguishing systems that use,

respectively, water-spray, foam, carbon dioxide, or dry chemicals as

the extinguishing agents. These provisions have been replaced by a

single sentence in paragraph (e)(2) of proposed Sec. 1910.124; the

proposed requirement specifies that a vapor area be protected by an

automatic fire-extinguishing system that complies with the requirements

of subpart L of part 1910.

The Agency believes that the proposal will increase the ``user

friendliness'' of the requirements and make them easier to interpret.

OSHA has also reduced the number of paragraph and subparagraph levels

in each section to make the proposed requirements easier than the

existing requirements to locate and follow. In addition, OSHA has

placed general requirements in proposed Sec. 1910.123; the general

requirements are

[[Page 16920]]

followed by more specific requirements, which are located in proposed

Secs. 1910.124 and 1910.125. Further, each major provision of the

proposal is preceded by a heading that explains what information can be

found in that provision. These headings are also found in the table of

contents in proposed Sec. 1910.121 to help readers locate relevant

regulatory provisions.

The chart below gives some examples comparing the text used in

several provisions of current Sec. 1910.108 with the corresponding

plain language provisions in the proposed sections (traditional format

version).

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Proposed plain language

Current section 1910.108 revision (traditional format

version)

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1910.108(b)(2) Ventilation combined 1910.124(d) Ignition sources

with drying. When a required must be controlled.

ventilating system serves associated * * * *

drying operations utilizing a heating *

system which may be a source of (4) When a heating system that

ignition, means shall be provided for may be an ignition source is

pre-ventilation before the heating used in a drying operation:

system can be started; the failure of (i) The heating system must be

any ventilating fan shall installed in accordance with

automatically shut down the heating NFPA 86A-1969, Standard for

system; and the installation shall Ovens and Furnaces, which is

otherwise conform to the Standard for incorporated by reference in

Ovens and Furnaces (NFPA No. 86A-1969). section 1910.6;

(ii) Adequate mechanical

ventilation must be operating

before and during the drying

operation; and

(iii) The heating system must

shut down automatically when

any ventilating fan fails to

maintain adequate ventilation.

1910.108(c)(6) Conveyor systems. Dip 1910.124(c) Conveyor systems

tanks utilizing a conveyor system must shut down automatically.

shall be so arranged that in the event A conveyor system used with a

of fire, the conveyor system shall dip tank must shut down

automatically cease motion and automatically when:

required bottom drains shall open. (1) There is a fire;

Conveyor systems shall automatically (2) There is a failure of any

cease motion unless required fan used to maintain adequate

ventilation is in full operation. See ventilation; or

also paragraph (b)(1) of this section. (3) The rate of ventilation

drops below the level required

to meet the requirements in

paragraph (b) of section

1910.123.

1910.108(d) Liquids used in dip tanks, 1910.124(d) Ignition sources

storage and handling. The storage of must be controlled.

flammable and combustible liquids in * * * *

connection with dipping operations *

shall conform to the requirements of (3) When a portable container

sec. 1910.106, where applicable. Where is used to add a liquid to a

portable containers are used for the dip tank, the container and

replenishment of flammable and tank must be electrically

combustible liquids, provision shall bonded to each other, and

be made so that both the container and positively grounded, to

tank shall be positively grounded and prevent static electrical

electrically bonded to prevent static sparks or arcs.

electric sparks.

1910.108(e) Electrical and other 1910.124(d) Ignition sources

sources of ignition. (1) Vapor areas. must be controlled.

(i) There shall be no open flames, (1) A vapor area, and areas

spark producing devices, or heated within 20 feet (6.1 m) of the

surfaces having a temperature vapor area not separated from

sufficient to ignite vapors in any it by tight partitions, must

vapor area. Except as specifically be free of open flames, spark-

permitted in paragraph (h)(3) of this producing devices, or surfaces

section, relating to electrostatic hot enough to ignite vapors.

apparatus, electrical wiring and (2) Electrical wiring or

equipment in any vapor area (as equipment in a vapor area, and

defined in paragraph (a)(2) of this areas adjacent to it, must

section) shall be explosion proof type comply with the applicable

according to the requirements of requirements of subpart S of

subpart S of this part for Class I, this part for hazardous

Group D locations and shall otherwise (classified) locations.

conform to subpart S of this part.

1910.108(f)(2) Waste cans. When waste 1910.124(d) Ignition sources

or rags are used in connection with must be controlled.

dipping operations, approved metal * * * *

waste cans shall be provided and all *

impregnated rags or waste deposited (6) Rags or other material

therein immediately after use. The contaminated with liquids from

contents of waste cans shall be dipping and coating operations

properly disposed of at least once must be placed in an approved

daily at the end of each shift. waste can immediately after

use, and the contents of the

waste can must be properly

disposed of at the end of each

shift.

1910.108(h)(2)(iii) Paint shall be 1910.125(b) Additional

supplied by direct low-pressure requirements for flow coating.

pumping arranged to automatically shut (1) Paint must be supplied to

down by means of approved heat the process by:

actuated devices, in the case of fire, (i) A direct low-pressure

or paint may be supplied by a gravity pumping system that

tank not exceeding 10 gallons in automatically shuts down by

capacity. means of an approved heat-

actuated device in the case of

fire; or

(ii) A gravity tank not

exceeding 10 gallons (38 L) in

capacity.

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Proposed Question-and-Answer Version

The question-and-answer version of proposed Secs. 1910.121 through

1910.125 differs significantly from the traditional format version. The

question-and-answer version is intended to resemble a conversation that

could occur between an employer/employee and an OSHA representative.

Each question pertains to a specific provision of the proposed

sections, and is followed by an answer that states the applicable

requirement. For example, the question may be, ``What are the

requirements for the construction of a dip tank?'' This question, which

is the topic of paragraph (a) of proposed Sec. 1910.123, is followed by

an answer that consists of a description of the requirements for dip

tank construction.

Consistency with Recent Consensus Standards

OSHA's effort to redraft the requirements for dipping and coating

operations in plain language includes a review of the relevant OSHA

interpretations of the current rule to determine what each provision

has meant in practice. The Agency also has examined existing training

materials and national consensus standards on dipping and coating

operations, including NFPA 34-1995 (``Standard for Dipping and Coating

Processes Using Flammable or Combustible Liquids''). This analysis has

enabled OSHA to reorganize the existing rules and eliminate duplicative

or unnecessary provisions without diminishing the employee safety and

health protections provided by the existing rules.

The original OSHA standards for dipping and coating operations that

were adopted in 1971 under section 6(a) of the Act were based on the

existing national consensus standards, NFPA

[[Page 16921]]

34-1966, ``Standard for Dip Tanks Containing Flammable or Combustible

Liquids,'' and ANSI Z9.1-1969, ``Safety Code for Ventilation and

Operation of Open-Surface Tanks.'' These consensus standards have been

updated several times by NFPA and ANSI since 1971. Although the

proposed rule is primarily a plain language revision, OSHA has reviewed

carefully the most recent NFPA 34, ``Standard for Dipping and Coating

Processes Using Flammable or Combustible Liquids,'' 1995 edition, to

determine whether some updated provisions should be incorporated at

this time.

OSHA has included in this proposal several provisions from NFPA 34-

1995 that would provide additional compliance flexibility to employers

and make the proposed sections more performance oriented compared to

the existing standards, without in any way reducing employee

protection. For example, paragraph (c)(2)(i) of current Sec. 1910.108

specifies that overflow pipes from dip tanks lead to a safe location

outside buildings. Consistent with Section 3-5.1 of NFPA 34-1995,

paragraph (b)(1) of proposed Sec. 1910.124 would require that pipes

discharge to a ``safe location,'' but does not identify where the

``safe location'' must be. In the plain language rewrite, an employer

would be free to choose an interior location as the discharge point for

the overflow pipe when a safe location, as might be provided by a

salvage tank, is available. In situations where a safe interior

location is available, the employer would no longer need to install

overflow pipes over the distances often involved to reach an outside

discharge point. The proposed rule would thus provide greater

compliance flexibility and reduce costs for some employers.

Another example is paragraph (c)(7) of current Sec. 1910.108, which

requires that dip tank liquids not be heated to a temperature more than

50 deg.F below the flashpoint of the liquid. This provision is

intended to assure that the liquid does not get so hot as to ignite.

Section 3-9.2 of NFPA 34-1995 seeks to achieve the same purpose by

prohibiting dip tank liquids from being heated above the liquid's

boiling point or to within 100 deg.F of the liquid's autoignition

temperature. OSHA is proposing to adopt the NFPA 34-1995 provision in

paragraph (f) of proposed Sec. 1910.124 because the proposed revision

fully addresses the flammability hazard, provides a reasonable method

of determining a safe temperature, is consistent with industry practice

and with OSHA's application of the current standard, and is less

restrictive than the existing requirement (i.e., it allows higher

temperatures in some cases).

Rewriting specification-based standards such as OSHA's existing

rules for dipping and coating operations offers the opportunity to use

more performance-oriented language than the current standards, and to

do so in a way that allows OSHA to maintain the current level of

employee safety and health protection without increasing employer

obligations. For example, in current Sec. 1910.94, paragraph (d)(3)

contains a general requirement that ventilation systems reduce air

contaminants to the degree that a hazard to employees no longer exists,

while paragraph (d)(4) provides several columns of specifications for

ventilation system design and rates of exhaust. These requirements seek

to protect employees against fire and explosion hazards that can result

from the accumulation of flammable vapors and from dangerous levels of

toxic air contaminants. In the proposal, the general requirement has

been replaced by two sentences in paragraph (b)(1) of Sec. 1910.123,

which set forth performance-oriented requirements. The first sentence

requires ventilation adequate to prevent the vapor concentration from

exceeding 25% of the lower flammable limit (LFL) of any flammable

material. The second sentence requires the employer to ensure that

engineering controls, such as ventilation, reduce employee exposures to

toxic air contaminants below the applicable permissible exposure limits

specified in subpart Z of part 1910. The new language is being proposed

because it gives improved guidance to employers as to what constitutes

a hazard to employees in this situation.

OSHA believes the 25% LFL criterion provides improved guidance to

employers because the criterion is recognized by NFPA 34-1995 as the

level that must not to be exceeded when controlling fire and explosion

hazards in vapor areas, and is consistent with other existing OSHA

standards (e.g., Sec. 1910.146, the standard for permit-required

confined spaces). The second sentence in paragraph (b)(1) of proposed

Sec. 1910.123 would replace the requirement in paragraph (d)(2)(iii) of

current Sec. 1910.94 which states that ``[t]he toxic hazard is

determined from the concentration * * * below which ill effects are

unlikely to occur to the exposed worker'' and, in the next sentence,

that ``(t)he concentrations shall be those in Sec. 1910.1000.'' Subpart

Z of part 1910 contains permissible exposure limits for toxic air

contaminants and requires employers to reduce employee exposures to

those limits. Restating the subpart Z requirement in the proposal gives

employers better notice than the current standard of their existing

obligations, and will assure that employees receive the protection

required by existing OSHA standards.

The detailed specifications and general requirements for mechanical

ventilation in paragraphs (d)(1)(ii), (d)(2), (d)(4), and (d)(7)(i)

through (d)(7)(iv) of current Sec. 1910.94, and paragraph (b)(1) of

current Sec. 1910.108, would be replaced by paragraph (b)(3) of

proposed Sec. 1910.123. Employers would have several options in

complying with the proposed requirement. One option would be to conform

to the older consensus standards (i.e., ANSI Z9.1-1971 and NFPA 34-

1966) that served as the source documents for current Secs. 1910.94(d)

and 1910.108. This option assures that systems designed to meet the

existing requirements also would comply with the proposed requirements.

In addition, the proposal would allow employers who are installing or

upgrading ventilation systems to conform to the specifications provided

in the following reference documents: ANSI Z9.2-1979, NFPA 34-1995, or

the Industrial Ventilation Manual published by ACGIH-1995. OSHA has

evaluated these reference documents and has determined that they

provide protection equivalent to the specifications in the current OSHA

standards. Hence, paragraph (b)(3) of proposed Sec. 1910.123 would give

employers flexibility in designing ventilation systems without reducing

the level of employee protection.

Major Issues for Public Comment

The proposed revisions to the current standards that regulate

dipping and coating operations differ from other Agency rulemakings

because the proposal, with limited exceptions, revises only the writing

style and organization of the current standards. In the past, OSHA has

dispensed with public notice and comment when a proposed rule contains

only minor or non-controversial revisions. For this revision, however,

OSHA has decided to notify the public of the proposal and seek comments

regarding the Agency's plain language versions of its existing rules

for dipping and coating operations.

OSHA especially welcomes public comments on the following three

issues:

Does each plain language version of the proposed sections

provide employee protection that is at least as effective as the

protection provided by the current standards (i.e., Secs. 1910.94(d)

and

[[Page 16922]]

1910.108) without imposing additional regulatory burdens on employers?

Which of the two plain language versions (traditional

format or question-and-answer) is preferred, and the reason(s) why?

Are there outdated provisions in the proposed sections,

and how should these provisions be revised to bring them up to date?

Comments on this issue may be used by the Agency either to improve the

final rule or to develop standard-setting priorities for further

action.

Significant Proposed Changes to the Current Rules

Many of the proposed revisions to the dipping and coating standards

are intended to reconcile conflicting or differing provisions in the

existing standards, to eliminate unnecessary requirements that do not

promote employee safety, or to state requirements in performance-

oriented language. OSHA invites public comment on whether these

revisions are appropriate. These revisions are discussed further in the

following paragraphs.

1. In current Sec. 1910.94, the second sentence of paragraph

(d)(7)(iii) requires that traps or other devices be provided to insure

that condensate in exhaust ducts does not drain back into any tank.

This requirement is not included in the proposal because OSHA believes

that its purpose is to protect material in the dip tanks from

contamination, not to protect employees.

2. Paragraph (d)(8)(i) of current Sec. 1910.94 contains detailed

requirements for measuring and recording airflow before and during dip

tank operations. The proposal, in paragraph (j)(1)(i) of Sec. 1910.123,

requires the employer to inspect ventilating systems at least

quarterly, and to check and maintain air-flow rates. OSHA believes that

the proposal would provide equivalent protection using performance-

oriented language. In addition, the first sentence in paragraph

(d)(8)(i) of current Sec. 1910.94 is covered by paragraphs (b) and (c)

of proposed Sec. 1910.123. The requirement in the second sentence of

the current rule, to use specific means for measuring air flow, is

replaced by performance-oriented language in paragraph (c)(3)(iii) of

proposed Sec. 1910.123 that permits the use of other equally effective

devices. In the third sentence of the current rule, the requirement to

record specific air measurements is not in the proposal because OSHA

believes that recording the hood static pressure is not necessary to

maintain proper air-flow rates. The last sentence in this paragraph of

current Sec. 1910.94(d), which refers to a 1960 consensus standard, is

replaced by updated references in paragraph (b)(3) of proposed

Sec. 1910.123.

3. Paragraph (d)(8)(ii) of current Sec. 1910.94 permits

recirculation of exhaust air when contaminants have been removed, while

paragraph (b)(1) of current Sec. 1910.108 states that exhaust air must

be ``(moved) to a safe outside location.'' To resolve this conflict

between the existing standards, paragraph (c) of proposed Sec. 1910.123

would permit recirculation of exhaust air only under specified

conditions, which are based on recommendations in NFPA 34-1995. The

safeguards of the current standards are, therefore, provided in the

proposal in updated form without reducing employee protections or

increasing the burden on employers. In addition, the first sentence in

paragraph (d)(8)(ii) of current Sec. 1910.94 has not been included in

the proposal because the requirement that ``[t]he exhaust system shall

discharge to the outer air in such a manner that the possibility of its

effluent entering any building is at a minimum'' has been subsumed by

the specifications in paragraph (c) of proposed Sec. 1910.123. The last

sentence in paragraph (d)(8)(iii) of current Sec. 1910.108 has not been

restated in the proposal because it is covered by paragraph (c)(2) of

proposed Sec. 1910.123.

4. Several provisions in paragraph (d)(9) of current Sec. 1910.94

specify that various types of personal protective equipment must be

worn by employees who work near dip tanks to protect them from eye or

skin contact with corrosive liquids. Some of these current provisions

require that personal protective equipment be ``provided'' to

employees; for example, paragraph (d)(9)(iii) of the current standard

requires that employees who handle wet parts ``shall be provided with

gloves'' that are impervious to the liquid. Others of these current

provisions state explicitly that employers must require employees to

use the equipment; paragraph (d)(9)(v) of the current standard, for

example, specifies that when liquids could splash out of a dip tank,

the employees ``shall be required to wear either tight-fitting chemical

goggles or an effective face shield.''

In the proposal, paragraph (f) of Sec. 1910.123 states explicitly,

for each specified type of personal protective equipment, that

employers must both provide and require employees to use the equipment.

OSHA's interpretation, which has been upheld by the courts, is that the

current standard requires employers to ensure that employees use the

personal protective equipment; this interpretation applies even though

this requirement is not stated explicitly in several provisions of the

current standard. OSHA believes that providing such equipment without

requiring its use would not serve the current standard's protective

purpose. In addition, OSHA's general standard for personal protective

equipment, paragraph (a) of Sec. 1910.132, explicitly requires that

personal protective equipment be both ``provided'' and ``used''

whenever necessary to protect employees against chemical and other

hazards. The proposal's explicit requirement that employers ensure that

employees use the personal protective equipment that has been provided

to them does not, therefore, add to the obligation that employers

already have under Sec. 1910.132(a).

5. Paragraph (d)(9)(ix) of current Sec. 1910.94 specifies that one

wash basin with hot water be provided for every 10 employees. The

proposal, in paragraph (g)(3) of Sec. 1910.123, requires washing

facilities for all employees but does not specify the ratio of wash

basins to employees. The proposal thus takes a performance-oriented

approach to allow for differing workplace needs.

6. Current Sec. 1910.108, paragraph (a)(2), defines a vapor area as

any area containing dangerous quantities of flammable vapors in the

vicinity of dip tanks, while paragraph (b)(1) of existing Sec. 1910.108

requires that a properly designed ventilation system be used to limit

vapor areas to the smallest practical area. In a vapor area, several

provisions of existing Sec. 1910.108 require that employees be

protected against the associated fire and explosion hazards; for

example, paragraph (e)(2) prohibits open flames and spark-producing

devices, and specifies that explosion-proof electrical equipment be

used, within 20 feet of a vapor area. Similar requirements are found in

paragraphs (e)(1)(i) and (e)(1)(ii) of the current rule.

Paragraph (d)(3) of current Sec. 1910.94 is a generic, performance-

oriented provision that requires employers to provide ventilation

sufficient to eliminate any hazard to employees, including flammable

and explosive hazards. OSHA interprets this provision to mean that the

concentration of flammable vapors must be reduced below 25% of the

lower flammable limit (LFL), and has incorporated that interpretation

in paragraph (b)(1) of proposed Sec. 1910.123. The proposed requirement

will prevent the accumulation of dangerous quantities of flammable

vapors in the vicinity of a dip tank; consequently, a vapor area, as

that term is currently specified in

[[Page 16923]]

paragraph (a)(2) of current Sec. 1910.108, should never exist.

Despite the protection afforded by paragraph (b)(1) of proposed

Sec. 1910.123, a ventilation system may fail temporarily, resulting in

an accumulation of flammable vapors that exceeds the concentration

allowed by the current standard. Even when ventilation is normally

sufficient to prevent the accumulation of dangerous concentrations of

vapors, the prohibition on ignition sources within 20 feet of a vapor

area specified in paragraph (e)(2) of current Sec. 1910.108, as well as

similar provisions in paragraphs (e)(1)(i) and (e)(1)(ii), is needed to

protect against fires and explosions that could result from the

ignition of flammable liquids or vapors under these conditions.

To reconcile the requirements in the current standards, and to

assure the same level of employee protection provided by these

standards, OSHA has revised the definition of vapor area in paragraph

(d) of proposed Sec. 1910.122 by eliminating the phrase ``dangerous

concentrations of flammable vapors.'' In the proposal, a vapor area is

defined as ``any space containing dipping or coating operations, its

drain boards, and associated drying or conveying equipment.''

All requirements of existing Sec. 1910.108 that apply to vapor

areas would continue to apply to vapor areas as defined in paragraph

(d) of proposed Sec. 1910.122. These requirements include paragraphs

(e)(1)(i), (e)(1)(ii), and (e)(2) of current Sec. 1910.108, discussed

earlier, which are restated in paragraphs (d)(1) and (d)(2) of proposed

Sec. 1910.124, and paragraphs (f)(1) and (g)(2) of current

Sec. 1910.108, which are incorporated into paragraphs (d)(5) and (e)(3)

of proposed Sec. 1910.124. Paragraph (f)(1) of the current section

requires that ``areas in the vicinity of dip tanks'' be kept as clear

of combustible stock as practical and be kept entirely free of

combustible debris, while paragraph (g)(2) specifies that automatic

water spray-extinguishing systems ``be arranged to protect tanks, drain

boards, and stock over drain boards.'' In the proposal, paragraphs

(d)(5) and (e)(3) of Sec. 1910.124 state explicitly that the

requirements apply to vapor areas, thus describing the area subject to

the requirements more clearly and consistently than the current

standard.

7. In current Sec. 1910.108, paragraph (c)(1) specifies that dip

tanks holding flammable or combustible liquids ``be constructed of

substantial noncombustible material.'' OSHA, however, believes that the

requirement should apply to all dip tanks; the current provision,

therefore, has been revised slightly to expand its scope to all dip

tanks and restated in paragraph (a) of proposed Sec. 1910.123. OSHA

believes that employers currently are following this requirement for

all dip tanks, and, therefore, that this proposed revision to the

existing rule will not impose an additional burden on employers.

8. Paragraph (c)(2)(ii) of current Sec. 1910.108 requires that

overflow pipes be of sufficient capacity, at least 3 inches in

diameter, and increase in size depending on the surface area of the

liquid and the length and pitch of the pipe. The first and second, but

not the third, of these requirements are included in paragraph (b)(2)

of proposed Sec. 1910.124. OSHA believes that the proposed language, by

requiring overflow pipes to be of ``sufficient capacity,'' makes it

unnecessary to specify further the characteristics of overflow pipes.

9. The proposal does not include the requirements in paragraphs

(c)(3) and (c)(4) of current Sec. 1910.108 that specific dip tanks be

provided with bottom drains and salvage tanks to drain and collect the

liquid in case of fire. OSHA believes that these requirements relate

primarily to property protection rather than employee protection (i.e.,

bottom drains and salvage tanks are used to save the liquid for

possible reuse). Moreover, bottom drains may actually increase the

surface area of a fire by increasing the potential for fire on the

vertical walls of the tank, thereby increasing the hazard to employees.

10. Paragraph (d) of current Sec. 1910.108 provides that, when

portable containers are used to replenish flammable or combustible

liquids, both the container and the tank must be positively grounded

and electrically bonded to prevent static electric sparks. In the

proposal, paragraph (d)(3) of Sec. 1910.124 clarifies the current

provision by requiring that the container and tank be electrically

bonded to each other. Once they are bonded electrically, it is

sufficient to ground one of them to prevent static electrical sparks or

arcs.

11. In current Sec. 1910.108, paragraph (e)(2) prohibits open

flames or spark-producing devices near vapor areas but provides an

exception ``as specifically permitted in NFPA Standard No. 86A-1969,

Ovens and Furnaces, paragraph 200-7.'' This exception is not included

in paragraph (d)(1) of proposed Sec. 1910.124 because the NFPA standard

used as a reference does not provide adequate information to make it

useful and the exception has not been continued in the most recent NFPA

standard (i.e., NFPA 34-1995). Also consistent with NFPA 34-1995 (see

paragraph 4-1.2), paragraph (d)(1) of proposed Sec. 1910.124 adds

``surfaces hot enough to ignite vapors'' to the list of ignition

sources that are prohibited near vapor areas.

12. Current Sec. 1910.108, paragraph (f)(2), requires that waste

cans be emptied ``at least once daily at the end of each shift.'' OSHA

interprets this phrase to mean ``at least once daily or at the end of

each shift, whichever is more frequent.'' OSHA believes that paragraph

(d)(6) of proposed Sec. 1910.124, which requires that waste cans be

emptied ``at the end of each shift,'' would remove the ambiguity from

the current standard.

13. Paragraph (d)(8) of existing Sec. 1910.94 and paragraph (f)(3)

of current Sec. 1910.108 require inspections of dip tanks and related

equipment. OSHA has reconciled and consolidated these requirements in

paragraph (j) of proposed Sec. 1910.123. For example, paragraph (d)(8)

of current Sec. 1910.94 requires quarterly inspections of specific

equipment, while paragraph (f)(3) of existing Sec. 1910.108 specifies

that periodic inspections be conducted. Proposed Sec. 1910.123,

paragraph (j)(1), calls for inspecting ventilating equipment ``at least

quarterly,'' and dipping and coating equipment ``periodically.'' OSHA

believes that this requirement is appropriate and consistent with the

intent of both existing standards.

14. Paragraph (f)(4) of current Sec. 1910.108 requires that ``No

Smoking'' signs in large letters on contrasting color background shall

be conspicuously posted'' near dip tanks. Paragraph (d)(7) of proposed

Sec. 1910.124 uses similar performance-oriented language, requiring

that such signs be ``readily visible.'' In addition, proposed

Sec. 1910.124, paragraph (d)(7), explicitly prohibits smoking in a

vapor area. While not stated explicitly, the current standard's

requirement that ``No Smoking'' signs be posted near dip tanks

indicates that smoking is prohibited in that area. Paragraph (e)(1)(i)

of existing Sec. 1910.108 specifically prohibits open flames and hot

surfaces in a vapor area. In this context, OSHA considers smoking

materials to be open flames and hot surfaces, and, therefore, subject

to the prohibition specified by the existing standard. To state the

current standard's prohibition on smoking more clearly in the proposal,

OSHA is including this prohibition in the same provision that requires

``No Smoking'' signs (i.e., paragraph (d)(6) of proposed

Sec. 1910.124).

[[Page 16924]]

15. Paragraphs (g)(2), (g)(4), and (g)(5) of current Sec. 1910.108

require that the specified fire-extinguishing systems be arranged to

protect the tanks, drain boards, and stock over drain boards. Proposed

Sec. 1910.124, paragraph (e)(3), states that ``[a] vapor area must be

protected by an automatic fire-extinguishing system that conforms to

subpart L of this part.'' Since the definition of vapor area in

paragraph (d) of proposed Sec. 1910.122 is broad enough to include the

tanks, drain boards, and stock over drain boards that are located in

the vapor area, OSHA concludes that paragraph (e)(3) of proposed

Sec. 1910.124 is equivalent to the current standard.

16. Paragraph (g)(6)(iii) of existing Sec. 1910.108 requires that

covers on dip tanks be supported by chains or wire rope under

conditions in which burning a cord used for this purpose would

interfere with operation of the cover. This requirement is not

specifically included in proposed Sec. 1910.124, paragraph (e)(4),

because OSHA believes that paragraph (e)(4)(i) of proposed

Sec. 1910.124, which requires that covers be activated by an approved

automatic device, makes such a requirement unnecessary.

17. In current Sec. 1910.108, paragraph (h)(1)(iii) requires that

hardening and tempering tanks be designed so that the maximum workload

is incapable of raising the temperature of the cooling medium to within

50 deg.F below its flashpoint, or be equipped with a circulating

cooling system that accomplishes the same result. Paragraph (a)(5) of

proposed Sec. 1910.125, in contrast, requires the use of a circulating

cooling system ``when the liquid temperature can exceed the alarm set

point''; the alarm set point must be at the temperature that is 50

deg.F (10 deg.C) below the liquid's flashpoint according to proposed

Sec. 1910.125, paragraph (a)(4)(i). The proposed provision would not

require a circulating cooling system or any other protective device

when the tank design prevents the liquid's temperature from reaching 50

deg.F (10 deg.C) below the flashpoint.

18. Paragraphs (h)(1)(vi) and (h)(1)(vii) of existing Sec. 1910.108

contain requirements for handling oil in hardening and tempering tanks.

In the proposal, paragraphs (a)(5) and (a)(6) of Sec. 1910.125 restate

the current requirements but replace the term ``oil'' with ``liquid.''

While OSHA believes that oil is the only liquid currently used in

hardening and tempering tanks, the revised terminology will permit the

Agency to extend these requirements to other flammable or combustible

liquids that may be used in the future under the conditions specified

in these paragraphs.

19. With regard to flow-coating operations, paragraph (h)(2)(i) of

existing Sec. 1910.108 states that ``[e]xcept as modified by this

paragraph, all of the preceding standards for dip tanks apply.'' The

introduction to proposed Sec. 1910.125 restates this existing

requirement in plain language and broadens its application to all

special dipping and coating operations. OSHA believes that the proposed

language would serve only to remind employers of their existing

obligations, and, therefore, imposes no additional obligation on them.

20. Paragraph (h)(2)(iv) of current Sec. 1910.108 specifies that

the area of the sump, and any areas on which paint flows, are to be

included within the area of the dip tank; consequently, these areas

would be covered by the scope of the current standard. OSHA has not

included a corresponding provision in the proposal because, in

paragraph (d) of proposed Sec. 1910.122, the definition of vapor area

is broad enough to include the sump and related areas. The proposal,

therefore, assures that all requirements now applicable to these areas

would continue to apply.

21. Existing Sec. 1910.108, paragraph (h)(3), contains provisions

for electrostatic equipment used in paint-detearing operations. OSHA

has restated these provisions in paragraph (g) of proposed

Sec. 1910.125. The Agency, however, believes that this type of

equipment is no longer manufactured or used, and, therefore, questions

whether any current need exists for proposed requirements;

consequently, OSHA requests comments from the regulated community on

the continuing need for these provisions.

22. Paragraph (h)(4) of current Sec. 1910.108 includes requirements

to prevent sparking of static electricity for operations involving roll

coating, roll spreading, or roll impregnating that use Class I or Class

II liquids; Class I liquids have flashpoints up to 100 deg.F (37.8

deg.C) and Class II liquids have flashpoints between 100 deg.F and 140

deg.F (37.8 deg.C and 60 deg.C). Proposed Sec. 1910.125, paragraph

(c), would require spark-prevention measures when flammable or

combustible liquids with flashpoints below 140 deg.F (60 deg.C) are

used in these operations. By specifying a flashpoint below 140 deg.F

(60 deg.C), the proposed paragraph includes both Class I and Class II

liquids addressed in paragraph (h)(4) of current Sec. 1910.108.

Tables Comparing the Proposed and Existing Sections

For convenience, OSHA is providing tables that show the paragraph

designations of the existing rules and the comparable provisions of the

proposed sections. Table I covers the requirements of current

Sec. 1910.94, and Table II covers the provisions in current

Sec. 1910.108. Table III lists the provisions of proposed sections

1910.122 through 1910.125 and the sources for each provision in

existing Secs. 1910.94(d) and 1910.108. For these tables, the headings

in the paragraph designations of the proposed rule refer to the

traditional text version.

Table I

------------------------------------------------------------------------

Proposed sections 1910.122 through

Current section 1910.94(d) 1910.125

------------------------------------------------------------------------

(d) Open surface tanks-(1) 122(a), (b).

General. (i) Application.

(d)(1)(ii) Exhaust system 123(b)(3).

construction.

(d)(2)(i)-(vii) Classification of Covered by standards referenced in

open-surface tank operations. 123(b)(3).

(d)(3) Ventilation............... 123(b)(1).

(d)(4)(i)-(v) Control Covered by standards referenced in

requirements. 123(b)(3).

(d)(5) Spray cleaning and 125(f).

degreasing.

(d)(6) Control means other than 123(b)(2).

ventilation.

(d)(7)(i),(ii) System design..... 123(b)(3).

(d)(7)(iii) Protect against 123(b)(5).

exhaust system fire.

(d)(7)(iv) Exhaust system meets 123(b)(3).

consensus standards.

(d)(8) Operation. (i) Maintain 123(c)(3), 123(j)(1)(i).

airflow.

(d)(8)(ii),(iii) Exhaust 123(c).

discharge; makeup air.

[[Page 16925]]

(d)(9) Personal protection. (i) 123(e).

Training.

(d)(9)(ii) Protective shoes...... 123(f)(1).

(d)(9)(iii) Protective gloves.... 123(f)(2).

(d)(9)(iv) Protective garments... 123(f)(3).

(d)(9)(v) Protective goggles..... 123(f)(4).

(d)(9)(vi) Respirators........... 123(f)(5).

(d)(9)(vii) Emergency showers.... 123(g)(2).

(d)(9)(viii) Physician 123(h)(1), (2), (3).

authorization, examination.

(d)(9)(ix) Washing facilities.... 123(g)(3).

(d)(9)(x) Locker space........... 123(g)(1).

(d)(9)(xi) First aid............. 123(h)(3).

(d)(10) Special precautions for 125(e).

cyanide.

(d)(11) Inspection, maintenance, Covered by section 1910.22(a).

and installation. (i) Floors.

(d)(11)(ii) Tank cleaning........ 123(i)(3).

(d)(11)(iii) Test tanks before 123(d).

entering.

(d)(11)(iv),(v) Entering tank.... Covered by section 1910.146.

(d)(11)(vi) Welding operations... 123(j)(2), (3), (4).

(d)(12) Vapor degreasing tanks. 125(d)(1).

(i) Vapor control.

(d)(12)(ii) Keep gas vapors away 125(d)(2), (3).

from heating units.

(d)(12)(iii) Do not create 125(d)(2), (3).

excessive vapors.

(d)(12)(iv) Tanks have cleanout 125(d)(5).

doors.

(d)(13) Scope. (i) Coverage...... 122(a), (b), (c).

(d)(13)(ii) Molten materials 122(c)(1).

operations defined.

(d)(13)(iii) Surface coating 122(c)(2).

operations defined.

------------------------------------------------------------------------

Table II

------------------------------------------------------------------------

Proposed sections 1910.122 through

Current section 1910.108 1910.125

------------------------------------------------------------------------

(a) Definitions applicable to 122(d).

this section-(1) Dip tank.

(a)(2) Vapor area................ 122(d).

(a)(3) Approved.................. 122(d).

(a)(4) Lister.................... Deleted; unnecessary.

(b) Ventilation-(1) Vapor area 123(b)(1), 123(b)(3), 123(b)(4).

ventilation.

(b)(2) Ventilation combined with 124(d)(4).

drying.

(c) Construction of dip tanks-(1) 123(a), 124(a).

General.

(c)(2) Overflow pipes. (i) Tank 124(b)(1).

capacity.

(c)(2)(ii) Overflow pipe capacity 124(b)(2).

(c)(2)(iii), (iv) Overflow pipe 124(b)(3), (4).

cleaning and location.

(c)(3)(i)-(iii) Bottom drains.... Deleted; property protection.

(c)(4) Salvage tanks............. Deleted; property protection.

(c)(5) Automatic extinguishing 124(e)(1), (3), (4).

facilities.

(c)(6) Conveyor systems.......... 124(c).

(c)(7) Heating dip tank liquids.. 124(f).

(d) Liquids used in dip tanks, 124(d)(3).

storage and handling.

(e) Electrical and other sources 124(d)(1), (2).

of ignition-(1) Vapor areas. (i)

No open flames, explosion proof

equipment.

(e)(1)(ii) Electrical equipment 124(d)(2).

in vapor areas.

(e)(2) Adjacent areas............ 124(d)(1), (2).

(f) Operations and maintenance- 124(d)(5).

(1) General.

(f)(2) Waste cans................ 124(d)(6).

(f)(3) Inspection of dip tanks... 123(j)(1).

(f)(4) Warning signs............. 124(d)(7).

(g) Extinguishment-(1) 124(e)(2).

Extinguishers.

(g)(2) Automatic water spray 124(e)(3).

extinguishing systems.

(g)(3) Automatic foam 124(b)(5), (6), 124(e)(3).

extinguishing systems.

(g)(4) Automatic carbon dioxide 124(e)(3).

systems.

(g)(5) Dry chemical extinguishing 124(e)(3).

systems.

(g)(6) Dip tank covers. (i) 124(e)(4)(i), (ii).

Automatically activated.

(g)(6)(ii)-(iv) Construction and 124(e)(4)(iii), (iv).

use of covers.

(h) Special dip tank applications- 125(a)(1).

(1) Hardening and tempering

tanks. (i) Location.

(h)(1)(ii) Noncombustible hood 125(a)(2), (3).

and vent.

(h)(1)(iii) Temperature of 125(a)(5).

cooling medium.

(h)(1)(iv) High temperature limit 125(a)(4).

switch.

(h)(1)(v) Automatic extinguishing 124(e)(1)(ii), 124(e)(3).

facilities.

[[Page 16926]]

(h)(1)(vi) No pressurized air.... 125(a)(6).

(h)(1)(vii) Bottom drain......... 125(a)(5).

(h)(2) Flow coat; general. (i) 125.

All above apply.

(h)(2)(ii) Strong and rigid 123(b)(2).

piping.

(h)(2)(iii) Paint pumped at low 125(b)(1).

pressure.

(h)(2)(iv) Area of dip tank...... Covered by section 1910.122(d).

(h)(3) Electrostatic apparatus... 125(g).

(h)(4) Roll coating.............. 125(c).

------------------------------------------------------------------------

Table III

------------------------------------------------------------------------

Proposed sections 1910.122

through 1910.125 (proposed Current sections 1910.94(d) and

section 1910.121 contains a table 1910.108 (or applicable NFPA

of contents for proposed sections standards)

1910.122 through 1910.125)

------------------------------------------------------------------------

1910.122 Dipping and coating

operations (dip tanks);

Coverage:

(a) Dipping and coating 1910.94(d)(1)(i), 1910.94(d)(13)(i)

operations are covered.

(b) Examples of covered Same as above.

operations.

(c) Certain dipping and 1910.94(d)(13)(i)-(iii).

coating operations are not

covered.

(1) Molten materials..... 1910.94(d)(13)(ii).

(2) Spray applications... 1910.94(d)(13)(iii).

(d) Definitions that apply to 1910.108(a).

dipping and coating

operations.

``Approved''............. 1910.108(a)(3).

``Autoignition NFPA 325-1994.

temperature''.

``Combustible liquid''... 1910.1200(c).

``Dip tank''............. 1910.108(a)(1).

``Flammable liquid''..... 1910.1200(c).

``Flashpoint''........... 1910.1200(c).

``Lower flammable limit'' NFPA 325-1994.

``Vapor area''........... 1910.108(a)(2).

1910.123 General requirements for

dipping and coating operations:

(a) Dip tanks must be 1910.108(c)(1).

constructed safely.

(b) Adequate ventilation must

be provided:

(1) Prevent hazardous 1910.94(d)(3), 1910.108(b)(1).

concentrations.

(2) Tank cover........... 1910.94(d)(6).

(3) Mechanical 1910.94(d)(1)(ii), 1910.94(d)(2),

ventilation design. 1910.94(d)(4), 1910.94(d)(7)(i)-

(iv), 1910.108(b)(1).

(4) Direction of airflow. 1910.108(b)(1).

(5) Independent exhaust 1910.94(d)(7)(iii).

system.

(c) Air must exhaust safely.. 1910.94(d)(8)(ii), (iii); NFPA 34-

1995.

(d) Entry into a dip tank is 1910.94(d)(11)(iii)-(v).

limited.

(e) Training must be provided 1910.94(d)(9)(i).

(f) Personal protective

equipment must be used:

(1) Footwear............. 1910.94(d)(9)(ii).

(2) Gloves............... 1910.94(d)(9)(iii).

(3) Garments............. 1910.94(d)(9)(iv).

(4) Goggles.............. 1910.94(d)(9)(v).

(5) Respirators.......... 1910.94(d)(9)(vi).

(g) Hygiene facilities must

be provided:

(1) Locker space......... 1910.94(d)(9)(x).

(2) Emergency shower and 1910.94(d)(9)(vii).

eye wash.

(3) Washing facilities... 1910.94(d)(9)(ix).

(h) Physical examination and

first aid must be provided:

(1) Physician's approval. 1910.94(d)(9)(viii).

(2) Treatment by properly 1910.94(d)(9)(viii).

designated person.

(3) Periodic examination. 1910.94(d)(9)(viii).

(4) First aid............ 1910.94(d)(9)(xi).

(i) Dipping and coating

operations must be cleaned

safely:

(1) Drain dip tank and 1910.94(d)(11)(ii).

open cleanout doors.

(2) Ventilate vapor 1910.94(d)(11)(ii).

pockets in tank or pit.

(j) Dipping and coating

operations must be inspected

and maintained.

(1) Inspect and correct 1910.94(d)(8)(i), 1910.108(f)(3).

deficiencies.

[[Page 16927]]

(2) Prevent employee 1910.94(d)(11)(vi).

exposure to the release

of toxic metals.

(3) Use local ventilation 1910.94(d)(11)(vi).

near a vapor area.

(4) Remove solvents and 1910.94(d)(11)(vi).

vapors.

1910.124 Additional requirements

for dipping and coating

operations that use flammable or

combustible liquids:

(a) Noncombustible 1910.108(c)(1).

construction is required.

(b) Overflow piping must be

provided

(1) When overflow pipes 1910.108(c)(2)(i).

are required.

(2) Size of overflow pipe 1910.108(c)(2)(ii).

(3) Overflow piping must 1910.108(c)(2)(iii).

permit access for

inspection and cleaning.

(4) Location of the 1910.108(c)(2)(iv).

overflow connection.

(5) Overflow pipe design. 1910.108(g)(3).

(6) Overflow pipe screen. 1910.108(g)(3).

(c) Conveyor systems must

shut down automatically:

(1) Fire................. 1910.108(c)(6).

(2) Ventilation failure.. 1910.108(b)(1).

(3) Ventilation rate 1910.108(c)(6).

drops.

(d) Ignition sources must be

controlled:

(1) No open flames near 1910.108(e)(1)(i), 1910.108(e)(2).

vapor areas.

(2) Electrical wiring.... 1910.108(e)(1)(i), (ii).

(3) Prevent static 1910.108(d).

electric sparks or arcs.

(4) Heating system in a 1910.108(b)(2).

drying operation.

(5) Combustible debris 1910.108(f)(1).

and stock.

(6) Approved waste can... 1910.108(f)(2).

(7) No smoking........... 1910.108(f)(4).

(e) Fire protection must be

provided:

(1) Application.......... 1910.108(c)(5), 1910.108(h)(1)(v).

(2) Manual fire 1910.108(g)(1).

extinguishers.

(3) Automatic fire- 1910.108(c)(5), 1910.108(g)(2)-(5).

extinguishing system.

(4) Automatic closing 1910.108(g)(6).

cover.

(f) Liquids must not be 1910.108(c)(7).

overheated.

1910.125 Additional requirements

for special dipping and coating

operations:

(a) Additional requirements

for hardening or tempering

tanks:

(1) Location............. 1910.108(h)(1)(i).

(2) Noncombustible hood 1910.108(h)(1)(ii).

and vent.

(3) Vent ducts treated as 1910.108(h)(1)(ii).

flues.

(4) Alarm and shut-down 1910.108(h)(1)(iv).

device.

(5) Circulating cooling 1910.108(h)(1)(iii), (vii)

system.

(6) Air pressure for 1910.108(h)(1)(vi).

filling and agitating.

(b) Additional requirements 1910.108(h)(2).

for flow coating

(c) Additional requirements

for roll coating, roll

spreading, or roll

impregnating a flammable or

combustible liquid with a

flashpoint below 140 deg.F

(60 deg.C):

(1) Bonding and grounding 1910.108(h)(4)(ii).

parts, and installing

static collectors.

(2) Maintain a conductive 1910.108(h)(4)(ii).

atmosphere.

(d) Additional requirements

for vapor degreasing tanks:

(1) Keep vapor level 1910.94(d)(12)(i).

below the top of the

tank.

(2) Prevent solvent fumes 1910.94(d)(12)(ii).

from entering air-fuel

mixture.

(3) Flues and draft 1910.94(d)(12)(ii).

diverters.

(4) Temperature of the 1910.94(d)(12)(iii).

heating element.

(5) Cleanout and sludge 1910.94(d)(12)(iv).

doors.

(e) Additional requirements 1910.94(d)(10).

for cyanide tanks:

(f) Additional requirements

for spray cleaning and

degreasing tanks:

(1) Spraying must be 1910.94(d)(5).

enclosed.

(2) Mechanical 1910.94(d)(5).

ventilation.

(g) Additional requirements

for electrostatic paint

detearing:

(1) Approved 1910.108(h)(3)(ii).

electrostatic equipment.

(2) Electrodes........... 1910.108(h)(3)(iv), (xi).

(3) Goods being painted.. 1910.108(h)(3)(vii), (viii).

(4) Maintain the safe 1910.108(h)(3)(vi).

distance.

(5) Display the safe 1910.108(h)(3)(vi).

distance on a sign.

(6) Automatic controls... 1910.108(h)(3)(ix).

(7) Fences, rails, and 1910.108(h)(3)(x).

guards.

(8) Fire protection...... 1910.108(h)(3)(xiii).

(9) Drip plates and 1910.108(h)(3)(xiv).

screens.

------------------------------------------------------------------------

[[Page 16928]]

IV. Legal Considerations

Because this proposal is a plain language redrafting of existing

Agency rules, OSHA does not believe that it is necessary to determine

significant risk or the extent to which the proposed sections would

reduce that risk. In Industrial Union Department, AFL-CIO v. American

Petroleum Institute, 448 U.S. 607 (1980), the Supreme Court ruled that,

before OSHA can increase the protection afforded by an existing

standard, the Agency must find that the hazard being regulated poses a

significant risk to employees and that a new, more protective, standard

is ``reasonably necessary and appropriate'' to reduce that risk. The

sections being proposed by OSHA to replace the Agency's existing

standards regulating dipping and coating operations neither increase

nor decrease the protection afforded to employees, nor do they increase

employers' compliance burdens. Therefore, no finding of significant

risk is necessary.

The Agency believes, however, that improved employee protection is

likely to result from implementation of the proposed sections because

employers and employees who clearly understand what a rule requires are

more likely to comply with that rule. In addition, because the proposed

sections are more performance oriented than the existing OSHA

requirements, employers will find it easier to comply with the new

sections.

V. Economic Analysis

The proposed sections are not significant rules under Executive

Order 12866 or major rules under the Unfunded Mandates Reform Act or

section 801 of the Small Business Regulatory Enforcement Fairness Act

(SBREFA) because they impose no additional costs on any private or

public sector entity and do not meet any of the other criteria for

significant or major rules specified by the Executive Order or the

other statutes. Because the proposed sections do not impose any

additional costs on employers whose operations involve dipping and

coating, no economic or regulatory flexibility analysis of the proposal

is required.

VI. Regulatory Flexibility Certification

In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et

seq. (as amended), OSHA has examined the regulatory requirements of the

proposed sections to determine if they would have a significant

economic impact on a substantial number of small entities. As indicated

elsewhere in this preamble, the proposed sections will not increase

employers' compliance costs, and may even reduce the regulatory burden

on all affected employers, both large and small. Accordingly, the

Agency certifies that the proposed sections will not have a significant

economic impact on a substantial number of small entities.

VII. Environmental Impact Assessment

The proposed sections have been reviewed in accordance with the

requirements of the National Environmental Policy Act (NEPA) of 1969

(42 U.S.C. 4321 et seq.), the regulations of the Council on

Environmental Quality (40 U.S.C. part 1500), and the Department of

Labor's NEPA procedures (29 CFR part 11). As noted earlier in this

preamble, the proposed sections impose the same requirements on

employers as the standards they replace; consequently, the proposed

sections will have no additional impact on the environment, including

no impact on the release of materials that contaminate natural

resources or the environment, beyond the impact imposed by OSHA's

current standards regulating dipping and coating operations.

VIII. Paperwork Reduction Act

There is a collection of information in proposed 1910.125(g)(5)

(existing 1910.108(h)(3)(vi)). This provision requires the employer to

determine how far away employees should remain when electrostatic paint

detearing equipment is being used. This distance is called the ``safe

distance.'' The employer must conspicuously display this ``safe

distance'' on a sign located near the equipment. OSHA does not believe

that the existing rule or the proposed requirement impose a burden on

the employer to collect or display the information because OSHA

believes the information has already been determined and displayed on

the few, about 12, pieces of equipment equipment is use today. Newer

technology appears to have eliminated the need to manufacture or use

electrostatic paint detearing equipment and OSHA is soliciting comment

on the need to retain this provision. (See #21 under Significant

Proposed Changes to the Current Rule). Under the Paperwork Reduction

Act, OSHA is required to solicit public comment on the practical

utility (need) for the information collection and the burden hour

estimate (zero) associated with that collection.

The Department of Labor, as part of its continuing effort to reduce

paperwork and respond burden, conducts a preclearance consultation

program to provide the general public and Federal agencies with an

opportunity to comment on proposed and/or continuing collection of

information in accordance with the Paperwork Reduction Act of 1995

(PRA95)(44 U.S.C. 3506(c)(2)(A)). This program helps to ensure that

requested data can be provided in the desired format, reporting burden

(time and financial resources) is minimized, collection instruments are

clearly understood, and the impact of collection requirements on

respondents can be properly assessed. Therefore, OSHA is soliciting

comments on the collection of information provision in proposed

1910.125(g)(5) (existing 1910.108(h)(3)(vi)). Written comments should:

Evaluate whether the proposed collection of information is

necessary for the proper performance of the function of the Agency,

including whether the information will have practical utility;

Evaluate the accuracy of the Agency's estimate of the

burden of the proposed collection of information, including the

validity of the methodology and assumptions used;

Enhance the quality, utility, and clarity of the

information to be collected; and

Minimize the burden of the collection of information on

those who are to respond, including through the use of appropriate

automated, electronic, mechanical, or other technological collection

techniques or other forms of information technology, e.g. permitting

electronic submissions of responses.

Comments on the collections of information should be sent to the

OMB Desk Officer for OSHA at Room 10235, 726 Jackson Place, NW,

Washington, DC 20503. Commenters are encouraged to send a copy of their

comments on the collection of information to OSHA along with their

other comments. The supporting statements for the collection of

information requirements are available in both OSHA and OMB Docket

Offices.

The collection of information requirement discussed above has been

submitted to OMB for approval as required under 44 U.S.C. 3507(d) of

the Paperwork Reduction Act of 1995. At this time OMB has not approved

this collection of information.

IX. Unfunded Mandates

The proposed sections were reviewed by OSHA in accordance with the

Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq., and

Executive Order 12875. As discussed above in Section IV of this

preamble (``Legal Considerations''), OSHA has

[[Page 16929]]

made a preliminary determination that the proposal imposes no new

regulatory burdens on any employer, either public or private. The scope

and content of the proposed sections remain the same as those of the

current standards and have not been expanded to include additional

employers. Consequently, compliance with the proposed sections will

require no additional expenditures by either public or private

employers. In sum, the proposed sections do not mandate that State,

local, and tribal governments adopt new, unfunded regulatory

obligations.

X. Federalism

The proposed revision to the current standards regulating dipping

and coating operations has been reviewed for Federalism issues, and the

Agency certifies that the proposed sections have been assessed in

accordance with the principles, criteria, and requirements set forth in

sections 2 through 5 of Executive Order 12612.

Executive Order 12612 requires that Federal agencies, to the extent

possible, refrain from limiting State policy options, consult with

States prior to taking actions that restrict State policy options, and

take such actions only when clear constitutional authority exists and

the problem is of national scope. The Executive Order provides for

preemption of State law only when Congress has expressed an intent that

a Federal agency do so. Any such preemption must be limited to the

extent possible.

With respect to States that do not have occupational safety and

health plans approved by OSHA under section 18 of the Act (29 U.S.C.

667), OSHA finds that the proposed sections conform to the preemption

provisions of the Act. Under these provisions, OSHA is authorized to

preempt State promulgation and enforcement of requirements dealing with

occupational safety and health issues covered by OSHA standards unless

the State has an OSHA-approved State occupational safety and health

plan. (See Gade v. National Solid Wastes Management Association, 112

S.Ct. 2374 (1992).) States without such programs are, by 29 U.S.C. 667,

prohibited from issuing citations for violations of requirements

covered by OSHA standards. The proposed sections do not expand this

limitation.

Regarding States that have OSHA-approved occupational safety and

health plans (``State-plan states''), OSHA finds that the proposed

sections comply with Executive Order 12612 because the proposed

sections address a problem that is national in scope, and Section

18(c)(2) of the Act (29 U.S.C. 667(c)(2)) requires State-plan States to

adopt the OSHA sections, or develop alternative sections that are at

least as effective as the OSHA sections. Having already adopted the

current standards regulating dipping and coating operations (or having

developed alternative standards acceptable to OSHA), State-plan States

are not obligated to adopt the final sections that result from this

rulemaking; they may, however, choose to adopt the final sections, and

OSHA encourages them to do so.

XI. State Plan States

OSHA encourages the 25 States and Territories with their own OSHA-

approved occupational safety and health plans to revise their existing

standards regulating dipping and coating operations when OSHA publishes

the final sections that result from this rulemaking. These States are:

Alaska, Arizona, California, Connecticut (State and local government

employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan,

Minnesota, Nevada, New Mexico, New York (State and local government

employees only), North Carolina, Oregon, Puerto Rico, South Carolina,

Tennessee, Utah, Vermont, Virginia, Virgin Islands, Washington, and

Wyoming.

XII. List of Subjects in 29 CFR 1910

Coating, Combustible liquid, Dipping, Dip tanks, Fire protection,

Flammable liquid, Occupational safety and health, Ventilation.

XIII. Authority

This document was prepared under the direction of Charles N.

Jeffress, Assistant Secretary of Labor for Occupational Safety and

Health, U.S. Department of Labor, 200 Constitution Avenue, NW,

Washington, DC 20210. The proposed sections are issued under the

authority of sections 4, 6, and 8 of the Occupational Safety and Health

Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No 6-

96 (62 FR 111); and 29 CFR part 1911.

Signed at Washington, DC, this 2nd day of April, 1998.

Charles N. Jeffress,

Assistant Secretary of Labor.

OSHA proposes to amend 29 CFR part 1910 as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart G--Occupational Health and Environmental Control

1. The authority citation for subpart G of part 1910 would be

revised to read as follows:

Authority: Secs. 4, 6, and 8 of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's

Order Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR

35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; and

29 CFR part 1911.

Sec. 1910.94 [Amended]

2. Paragraph (d) of Sec. 1910.94 would be removed.

Subpart H--Hazardous Materials

1. The authority citation for subpart H of 29 CFR part 1910 would

be revised to read as follows:

Authority: Sec. 4, 6, and 8 of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's

Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR

35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable.

Sections 1910.103, 1910.106 through 1910.111, and 1910.119

through 1910.125 also issued under 29 CFR part 1911.

Section 1910.119 also issued under section 304, Clean Air Act

Amendments of 1990 (Pub.L. 101-549), reprinted at 29 U.S.C. 655

Note.

Section 1910.120 also issued under section 126, Superfund

Amendments and Reauthorization Act of 1986 as amended (29 U.S.C. 655

Note), and 5 U.S.C. 553.

Sec. 1910.108 [Reserved]

2. Section 1910.108 would be removed and reserved.

3. A center heading and Secs. 1910.121 through 1910.125 would be

added. Two alternative versions of these sections are provided below.

The first alternative, referred to as the ``traditional format''

version, reads as follows:

Dipping and Coating Operations (Dip Tanks)

Sec. 1910.121 Table of Contents

The following is a listing of the sections and paragraphs contained

in Secs. 1910.122 through 1910.125.

Sec. 1910.122 Dipping and coating operations (dip tanks); Coverage.

(a) Dipping and coating operations are covered.

(b) Examples of covered operations.

(c) Certain dipping and coating operations are not covered.

(d) Definitions that apply to dipping and coating operations.

``Approved''

[[Page 16930]]

``Autoignition temperature''

``Combustible liquid''

``Dip tank''

``Flammable liquid''

``Flashpoint''

``Lower flammable limit''

``Vapor area''

Sec. 1910.123 General requirements for dipping and coating operations.

(a) Dip tanks must be constructed safely.

(b) Adequate ventilation must be provided.

(c) Air must exhaust safely.

(d) Entry into a dip tank is limited.

(e) Training must be provided.

(f) Personal protective equipment must be used.

(g) Hygiene facilities must be provided.

(h) Physical examination and first aid must be provided.

(i) Dipping and coating operations must be cleaned safely.

(j) Dipping and coating operations must be inspected and

maintained.

Sec. 1910.124 Additional requirements for dipping and coating

operations that use flammable or combustible liquids.

(a) Noncombustible construction is required.

(b) Overflow piping must be provided.

(c) Conveyor systems must shut down automatically.

(d) Ignition sources must be controlled.

(e) Fire protection must be provided.

(f) Liquids must not be overheated.

Sec. 1910.125 Additional requirements for special dipping and coating

applications.

(a) Additional requirements for hardening or tempering tanks.

(b) Additional requirements for flow coating.

(c) Additional requirements for roll coating, roll spreading, or

roll impregnating a flammable liquid or combustible liquid with a

flashpoint below 140 deg.F (60 deg.C).

(d) Additional requirements for vapor degreasing tanks.

(e) Additional requirements for cyanide tanks.

(f) Additional requirements for spray cleaning and degreasing

tanks.

(g) Additional requirements for electrostatic paint detearing.

Sec. 1910.122 Dipping and coating operations (dip tanks); Coverage.

(a) Dipping and coating operations are covered.

This rule applies to any operation where an object is dipped in or

held above a dip tank containing a liquid other than water, or is roll-

or flow-coated with such a liquid, to:

(i) Clean it;

(ii) Alter its surface;

(iii) Change its character; or

(iv) Add a coating or finish to it.

(2) This rule also applies to any draining or drying operation

associated with dipping or coating.

(b) Examples of covered operations.

Examples of operations covered by this rule include: Paint dipping;

electroplating; pickling; quenching; tanning; degreasing; stripping;

cleaning; and roll, flow, and curtain coating.

(c) Certain dipping and coating operations are not covered. This

rule does not apply:

(1) To dipping and coating operations that use a molten material

such as a metal, alloy, or salt; or

(2) When an object is coated using a surface-coating operation

covered by Sec. 1910.107, Spray applications.

(d) Definitions that apply to dipping and coating operations.

Approved means the equipment is listed or approved by a nationally

recognized testing laboratory as defined by Sec. 1910.7.

Autoignition temperature means the minimum temperature required to

cause self-sustained combustion, independent of the heating or heated

element.

Combustible liquid means a liquid having a flash point of 100 deg.F

(37.8 deg.C) or above.

Dip tank means 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.

Flammable liquid means a liquid having a flashpoint below 100 deg.F

(37.8 deg. C).

Flashpoint means the minimum temperature at which a liquid gives

off a vapor in sufficient concentration to ignite when tested in

accordance with the definition of ``flashpoint'' in paragraph (c) of

Sec. 1910.1200.

Lower flammable limit means the lowest concentration of a material

that will propagate a flame. The lower flammable limit (LFL) is usually

expressed as a percent by volume of the material in air (or other

oxidant).

Vapor area means any space containing dipping or coating

operations, its drain boards, and associated drying or conveying

equipment.

Sec. 1910.123 General requirements for dipping and coating operations.

Employers must comply with each of the requirements below.

(a) Dip tanks must be constructed safely. A dip tank, including its

drain boards, must be able to withstand any expected load.

(b) Adequate ventilation must be provided. (1) An employer must

provide ventilation to prevent vapor and mist in a vapor area from

reaching a concentration greater than 25% of the lower flammable limit

for the substance. When subpart Z of this part establishes a

permissible exposure limit for a chemical used in a dip tank, employers

must control employee exposures in accordance with that subpart.

(2) A tank cover or material that floats on dipping and coating

liquids, such as foam or beads, may be used as an alternative or

supplement to ventilation provided they effectively reduce the

concentrations of hazardous materials in the vicinity of the employee

below the limits set in paragraph (b)(1) of this section.

(3) Mechanical ventilation, when used, must conform to one or more

of the following:

(i) ANSI Z9.2-1979, Fundamentals Governing the Design and Operation

of Local Exhaust Systems;

(ii) NFPA 34-1995, Standard for Dipping and Coating Processes Using

Flammable or Combustible Liquids;

(iii) The Industrial Ventilation Manual published by ACGIH-1995; or

(iv) ANSI Z9.1-1971, Practices for Ventilation and Operation of

Open-Surface Tanks, and NFPA 34-1966, Standard for Dip Tanks Containing

Flammable or Combustible Liquids.

(4) Mechanical ventilation, when used, must draw the flow of air

into a hood or exhaust duct.

(5) Each dip tank must have an independent exhaust system unless

the combination of the substances being removed will not cause a fire,

explosion, or hazardous chemical reaction in the duct system.

(c) Air must exhaust safely. (1) Exhaust air must not be

recirculated into the workplace unless:

(i) Recirculated air does not create a health hazard to employees;

and

(ii) Vapors in the exhaust air do not exceed 25% of their lower

flammable limit.

(2) Exhaust air from an operation using flammable or combustible

liquids may be recirculated only when the following additional

requirements are met:

(i) The recirculated air is free of solid particulates;

(ii) Approved equipment monitors the vapor concentration in exhaust

air; and

(iii) An audible alarm must be sounded and the dipping or coating

operations must shut down automatically when a vapor concentration

greater than 25% of the lower flammable limit is detected in the

exhaust system.

(3) When exhaust hoods are used:

(i) The volume of outside air provided to work areas having exhaust

hoods must be between 90 and 110 percent of the exhaust volume;

(ii) The outside air supply to such areas must not damage the

exhaust hood; and

[[Page 16931]]

(iii) The air-flow rate of the make-up air must be measured when an

exhaust hood is installed.

(d) Entry into a dip tank is limited. Entry into a dip tank must be

done in accordance with Sec. 1910.146.

(e) Training must be provided. An employer must instruct all

employees who work in or near a vapor area about:

(1) The hazards of their jobs;

(2) Appropriate first aid procedures; and

(3) Necessary personal protective equipment.

(f) Personal protective equipment must be used. When liquids used

in a dipping and coating operation may contact employees, an employer

must provide, and require employees to use:

(1) Protective footwear for any employee whose feet may become wet

to keep their feet dry.

(2) Gloves for any employee whose hands may become wet to keep

their hands dry.

(3) Protective garments for any employee whose clothing may become

wet to keep their skin dry.

(4) Tight-fitting chemical goggles or an effective face shield when

a liquid could splash into an employee's eyes; and

(5) Respirators when it is necessary to protect the health of the

employee against exposure to an excessive concentration of a toxic

chemical or oxygen deficiency. Respirator selection and use must

conform with Sec. 1910.134 and the appropriate requirements of subpart

Z of this part.

(g) Hygiene facilities must be provided. (1) Locker space or

equivalent clothing storage facilities must be provided to prevent

contamination of street clothing.

(2) An emergency shower and eye wash must be located near dipping

and coating operations that use liquids that may burn, irritate, or

otherwise harm an employee's skin. A water hose at least 4 feet (1.22

m) long and not smaller than \3/4\ of an inch (18 mm), with a quick-

opening valve, may be substituted for an emergency shower and eye wash.

(3) Washing facilities must be provided for all employees required

to use or handle any liquids that may burn, irritate, or otherwise harm

their skin. (See paragraph (d) of Sec. 1910.141.)

(h) Physical examination and first aid must be provided. (1) A

physician's approval to work in a vapor area must be obtained for an

employee with sores, burns, or other skin lesions requiring medical

treatment.

(2) Any small skin abrasions, cuts, rashes, or open sores that are

found or reported must be treated by a properly designated person so

that the chances of exposures to the chemicals are removed.

(3) The nostrils and other parts of an employee's body that are

exposed to chromic acids must be examined periodically for skin ulcers.

(4) Appropriate first aid supplies must be located near dipping and

coating operations.

(i) Dipping and coating operations must be cleaned safely. Before

the interior of a dip tank is cleaned:

(1) The contents of a dip tank must be drained and the cleanout

doors opened before the interior is cleaned; and

(2) All pockets in tanks or pits where hazardous vapors may collect

must be ventilated and cleared of such vapors.

(j) Dipping and coating operations must be inspected and

maintained. (1) An employer must inspect equipment and promptly correct

any deficiencies, including the following:

(i) The ventilation system must be inspected at least quarterly,

and after a prolonged shutdown, to check hoods and duct work for

corrosion or damage, and to check air-flow rates to ensure that proper

rates are maintained; and

(ii) All dipping and coating equipment, including covers, drains,

overflow piping, and electrical and fire-extinguishing systems, must be

inspected periodically.

(2) Maintenance work requiring welding, burning, or open flame done

near a vapor area or under conditions in which toxic metals are

released must be done with local mechanical-exhaust ventilation, or

with respirators that are selected and used in accordance with

Sec. 1910.134, to prevent a health hazard to employees.

(3) Maintenance work requiring welding, burning, or open flame near

a vapor area must be done under local mechanical-exhaust ventilation.

(4) A dip tank must be thoroughly cleaned of solvents and vapors

before it is exposed to welding, burning, or open flame.

Sec. 1910.124 Additional requirements for dipping and coating

operations that use flammable or combustible liquids.

An employer using flammable or combustible liquids in dipping and

coating operations must comply with the requirements in this section,

in addition to the requirements of Secs. 1910.122, 1910.123, and

1910.125.

(a) Noncombustible construction is required. A dip tank must be

constructed of noncombustible material.

(b) Overflow piping must be provided. (1) A dip tank with a

capacity greater than 150 gallons (568 L) or a liquid surface area

greater than 10 feet2 (.95 m2) must have properly

trapped overflow piping discharging to a safe location.

(2) Overflow pipes must be at least 3 inches (7.6 cm) in diameter

and of sufficient capacity to prevent the dip tank from overflowing

when liquids are added to the tank.

(3) Piping connections on drains and overflow pipes must be

constructed so as to permit ready access for inspecting and cleaning

the interior of the pipe.

(4) The bottom of the overflow connection must be at least 6 inches

(15.2 cm) below the top of the dip tank.

(5) The overflow pipe must be arranged to prevent fire-

extinguishing foam from floating away and clogging the overflow pipe

by:

(i) Extending the overflow pipe through the dip tank wall and

terminating the pipe at an L-joint pointing downward; or

(ii) Providing the overflow pipe with a removable screen of \1/4\-

inch (6.4 mm) mesh and having an area at least twice the cross-

sectional area of the overflow pipe.

(6) The screen on an overflow pipe must be inspected and cleaned

periodically to prevent it from clogging.

(c) Conveyor systems must shut down automatically. A conveyor

system used with a dip tank must shut down automatically when:

(1) There is a fire;

(2) There is a failure of any fan used to maintain adequate

ventilation; or

(3) The rate of ventilation drops below the level required to meet

the requirements in paragraph (b) of Sec. 1910.123.

(d) Ignition sources must be controlled. (1) A vapor area, and

areas within 20 feet (6.1 m) of the vapor area not separated from it by

tight partitions, must be free of open flames, spark-producing devices,

or surfaces hot enough to ignite vapors.

(2) Electrical wiring or equipment in a vapor area, and areas

adjacent to it, must conform with the applicable requirements of

subpart S of this part for hazardous (classified) locations.

(3) When a portable container is used to add a liquid to a dip

tank, the container and tank must be electrically bonded to each other,

and positively grounded, to prevent static electrical sparks or arcs.

(4) When a heating system that may be an ignition source is used in

a drying operation:

(i) The heating system must be installed in accordance with NFPA

86A-1969, Standard for Ovens and Furnaces, which is incorporated by

reference in Sec. 1910.6;

(ii) Adequate mechanical ventilation must be operating before and

during the drying operation; and

(iii) The heating system must shut down automatically when any

[[Page 16932]]

ventilating fan fails to maintain adequate ventilation.

(5) A vapor area must be free of combustible debris and as clear of

combustible stock as practical.

(6) Rags or other material contaminated with liquids from dipping

and coating operations must be placed in an approved waste can

immediately after use, and the contents of the waste can must be

properly disposed of at the end of each shift.

(7) Smoking is prohibited in a vapor area. A readily visible ``No

Smoking'' sign must be posted near each dip tank.

(e) Fire protection must be provided. (1) This paragraph (e)

applies to:

(i) A dip tank with a capacity of at least 150 gallons (568 L) or

having a liquid surface area of at least 4 feet2 (.38

m2); and

(ii) A hardening or tempering tank with a capacity of at least 500

gallons (1893 L) or having a liquid surface area of at least 25

feet2 (2.37 m2).

(2) Vapor areas must be provided with manual fire extinguishers

suitable for flammable and combustible liquid fires, and the manual

fire extinguishers must conform to the requirements of Sec. 1910.157.

(3) A vapor area must be protected by an automatic fire-

extinguishing system that conforms with subpart L of this part.

(4) An automatic closing cover may be used instead of an automatic

fire-extinguishing system when it is:

(i) Activated by an approved automatic device;

(ii) Capable of manual operation;

(iii) Noncombustible or of tin-clad type with enclosing metal

applied with locked joints; and

(iv) Kept closed when the dip tank is not in use.

(f) Liquids must not be overheated. A liquid in a dip tank must not

be heated:

(1) Above the liquid's boiling point; or

(2) To a temperature within 100 deg.F (37.8 deg.C) of the

liquid's autoignition temperature.

Sec. 1910.125 Additional requirements for special dipping and coating

operations.

Employers must comply as appropriate with each of the requirements

of this section in addition to the requirements for dipping and coating

operations specified in Secs. 1910.122 through 1910.124.

(a) Additional requirements for hardening or tempering tanks.

Note to paragraph (a) of Sec. 1910.125: The requirements

specified in paragraph (d)(1) of Sec. 1910.124 do not apply to

hardening or tempering tanks.

(1) Tanks must be located as far as practicable from furnaces and

be placed on noncombustible flooring.

(2) Tanks must have a noncombustible hood and vent or other

equivalent device for venting to the outside.

(3) For this purpose, vent ducts must be treated as flues and kept

well away from combustible roofs and other materials.

(4) Tanks must have a device that:

(i) Sounds an alarm when the liquid temperature reaches within 50

deg.F (10 deg.C) of its flashpoint (alarm set point); and

(ii) When practical from an operating standpoint, shuts down the

conveying equipment that supplies work to the dip tank.

(5) A circulating cooling system or similar equipment must be used

when the liquid temperature can exceed the alarm set point. A bottom

drain may be used in the circulating cooling system when the drain

valve operates automatically with an approved heat-actuated device or

manually from a safe location.

(6) Air under pressure must not be used to fill or agitate the

liquid in the tank.

(b) Additional requirements for flow coating. (1) Paint must be

supplied to the process by:

(i) A direct low-pressure pumping system that automatically shuts

down by means of an approved heat-actuated device in the case of fire;

or

(ii) A gravity tank not exceeding 10 gallons (38 L) in capacity.

(2) All piping must be:

(i) Erected in a strong fashion; and

(ii) Rigidly supported.

(c) Additional requirements for roll coating, roll spreading, or

roll impregnating a flammable or combustible liquid with a flashpoint

below 140 deg.F (60 deg.C). Sparking of static electricity must be

prevented by:

(1) Bonding and grounding all metallic equipment parts (including

rotating parts) and installing static collectors; or

(2) Maintaining a conductive atmosphere (such as a high relative

humidity) in the vapor area.

(d) Additional requirements for vapor degreasing tanks. (1) In a

degreasing tank equipped with a condenser or vapor-level thermostat,

the condenser or thermostat must keep the vapor level below the top of

the dip tank by at least 36 inches (91 cm) or one-half the dip tank

width, whichever is shorter.

(2) When fuel gas is used to heat the liquid in a vapor degreasing

tank, solvent fumes or vapors must be prevented from entering the air-

fuel mixture by making the combustion chamber air tight, except for the

flue opening.

Note to paragraph (d)(2) of Sec. 1910.125: Special attention

must be paid to making the combustion chamber air-tight when

chlorinated- or fluorinated-hydrocarbon solvents are used.

(3) The flue must be made of corrosion-resistant material and

extend to the outer air, and a draft diverter must be installed when

mechanical exhaust is used on the flue.

(4) The surface temperature of a heating element must not cause a

solvent or a mixture to decompose or be converted into any excess

quantity of vapor.

(5) Tanks with a vapor area larger than 4 feet2 (.38

m2) used for solvent cleaning or vapor degreasing must have

cleanout or sludge doors located near the bottom of each tank. The

doors must prevent leakage of liquid when closed.

(e) Additional requirements for cyanide tanks. Tanks must be

constructed with a dike or other method to prevent cyanide from mixing

with an acid when a dip tank fails.

(f) Additional requirements for spray cleaning and degreasing

tanks. Airborne spraying to disperse a liquid above any open-surface

tank must be controlled as follows:

(1) Spraying must be enclosed to the extent feasible; and

(2) Mechanical ventilation must provide enough inward air velocity

to prevent the spray from leaving the vapor area.

(g) Additional requirements for electrostatic paint detearing. (1)

Electrostatic equipment used for paint-detearing operations must be

approved.

(2) The electrodes used in such equipment must be:

(i) Constructed in a substantial manner;

(ii) Rigidly supported in permanent locations; and

(iii) Insulated effectively from ground using insulators that are

nonporous, noncombustible, and kept clean and dry.

(3) Goods being paint deteared using electrostatic equipment must

be:

(i) Supported on conveyors; and

(ii) Manipulated by means other than by hand.

(4) The distance between goods being paint deteared and the

electrodes or conductors of the electrostatic equipment must be

maintained at twice the sparking distance or greater; this distance is

referred to as the ``safe distance.''

Note to paragraph (g)(4) of Sec. 1910.125: The safe distance

must be maintained for goods that are supported on conveyors during

the paint-detearing operation.

(5) The safe distance must be displayed conspicuously on a suitable

[[Page 16933]]

sign located near the electrostatic equipment.

(6) Electrostatic equipment used in paint-detearing operations must

have automatic controls that immediately disconnect the power supply to

the high-voltage transformer and signal the operator when:

(i) Failure occurs in ventilating equipment or conveyors used in

paint-detearing operations;

(ii) A ground or imminent ground occurs at any point on the high-

voltage system; or

(iii) The safe distance is not maintained.

(7) Fences, rails, or guards must be used that:

(i) Safely isolate paint-detearing operations from plant storage

and personnel;

(ii) Are constructed of conducting material; and

(iii) Are adequately grounded.

(8) To protect paint-detearing operations from fire:

(i) Automatic sprinklers must be used when available; and

(ii) When such sprinklers are not available, automatic fire-

extinguishing systems must be used that conform to subpart L of this

part.

(9) Removable drip plates and screens must be:

(i) Used to collect paint deposits; and

(ii) Cleaned in a safe location.

The second alternative, referred to as the question-and-answer

version, reads as follows:

Dipping and Coating Operations (Dip Tanks)

Sec. 1910.121 Table of Contents.

The following is a listing of the sections and paragraphs contained

in Secs. 1910.122 through 1910.125.

Sec. 1910.122 Dipping and Coating Operations (Dip Tanks): What is

covered by this rule?

(a) Which dipping and coating operations are covered?

(b) What are examples of covered operations?

(c) Which dipping and coating operations are not covered?

(d) Which definitions apply to dipping and coating operations?

``Approved''

``Autoignition temperature''

``Combustible liquid''

``Dip tank''

``Flammable liquid''

``Flashpoint''

``Lower flammable limit''

``Vapor area''

Sec. 1910.123 What are the general requirements for dipping and

coating operations?

(a) What are the requirements for construction of dip tanks?

(b) What are the requirements for adequate ventilation?

(c) What are the requirements for recirculating exhaust air?

(d) What are the requirements for entry into a dip tank?

(e) What are the requirements for training employees?

(f) What personal protective equipment must be used?

(g) What hygiene facilities must be provided?

(h) What physical examinations and first aid must be provided?

(i) What are the requirements for cleaning dipping and coating

operations safely?

(j) What are the requirements for inspecting and maintaining

dipping and coating operations?

Sec. 1910.124 What are the additional requirements for dipping and

coating operations that use flammable or combustible liquids?

(a) What type of construction materials must be used?

(b) When is overflow piping required?

(c) When is a conveyor system required to shut down

automatically?

(d) What are the requirements for the control of ignition

sources?

(e) What fire protection must be provided?

(f) To what temperature may liquids in a dip tank be heated?

Sec. 1910.125 What are the additional requirements for special dipping

and coating applications?

(a) What additional requirements apply to hardening or tempering

tanks?

(b) What additional requirements apply to flow coating?

(c) What additional requirements apply to roll coating, roll

spreading, or roll impregnating a flammable or combustible liquid

with a flashpoint below 140 deg.F (60 deg.C)?

(d) What additional requirements apply to vapor degreasing

tanks?

(e) What additional requirements apply to cyanide tanks?

(f) What additional requirements apply to spray cleaning and

degreasing tanks?

(g) What additional requirements apply to electrostatic paint

detearing?

Sec. 1910.122 Dipping and coating operations (dip tanks): What is

covered by this rule?

(a) Which dipping and coating operations are covered? (1) This rule

applies to any operation where an object is dipped in or held above a

dip tank containing a liquid other than water, or the vapor of such a

liquid, to:

(i) Clean it;

(ii) Alter its surface;

(iii) Change its character; or

(iv) Add a coating or finish to it.

(2) This rule also applies to any draining or drying operation

associated with dipping or coating.

(b) What are examples of covered operations? Examples of operations

covered by this rule include: Paint dipping; electroplating; pickling;

quenching; tanning; degreasing; stripping; cleaning; and roll, flow,

and curtain coating.

(c) Which dipping and coating operations are not covered? This rule

does not apply:

(1) To dipping and coating operations that use a molten material

such as a metal, alloy, or salt; or

(2) When an object is coated using a surface-coating operation

covered by section 1910.107, Spray applications.

(d) Which definitions apply to dipping and coating operations?

``Approved'' means the equipment is listed or approved by a nationally

recognized testing laboratory as defined by Sec. 1910.7.

Autoignition temperature means the minimum temperature required to

cause self-sustained combustion, independent of the heating or heated

element.

Combustible liquid means a liquid having a flash point of 100 deg.F

(37.8 deg.C) or above.

Dip tank means 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.

Flammable liquid means a liquid having a flashpoint below 100 deg.F

(37.8 deg.C).

Flashpoint means the minimum temperature at which a liquid gives

off a vapor in sufficient concentration to ignite when tested in

accordance with the definition of ``flashpoint'' in paragraph (c) of

Sec. 1910.1200.

Lower flammable limit means the lowest concentration of a material

that will propagate a flame. The lower flammable limit (LFL) is usually

expressed as a percent by volume of the material in air (or other

oxidant).

Vapor area means any space containing dipping or coating

operations, its drain boards, and associated drying or conveying

equipment.

1910.123 What are the general requirements for dipping and coating

operations?

(a) What are the requirements for construction of dip tanks? An

employer must ensure that a dip tank, including its drain boards, is

able to withstand any expected load.

(b) What are the requirements for adequate ventilation?

(1) An employer must provide ventilation to prevent vapor and mist

in a vapor area from reaching a concentration that is greater than 25%

of the lower flammable limit for the substance. When subpart Z of this

part

[[Page 16934]]

establishes a permissible exposure limit for a chemical used in a dip

tank, an employer must control worker exposures in accordance with that

subpart. A tank cover or material that floats on dipping and coating

liquids, such as foam or beads, may be used as an alternative or

supplement to ventilation, provided they effectively reduce the

concentrations of hazardous materials in the vicinity of the employee

below the limits set in paragraph (b)(1) of this section. Mechanical

ventilation, when used, must conform to one or more of the following:

(i) ANSI Z9.2-1979, Fundamentals Governing the Design and Operation

of Local Exhaust Systems;

(ii) NFPA 34-1995, Standard for Dipping and Coating Processes Using

Flammable or Combustible Liquids;

(iii) The Industrial Ventilation Manual published by ACGIH-1995; or

(iv) ANSI Z9.1-1971, Practices for Ventilation and Operation of

Open-surface Tanks, and NFPA 34-1966, Standard for Dip Tanks Containing

Flammable or Combustible Liquids.

(2) Mechanical ventilation, when used, must draw the flow of air

into a hood or exhaust duct. Each dip tank must have an independent

exhaust system unless the combination of the substances being removed

will not cause a fire, explosion, or hazardous chemical reaction in the

duct system.

(c) What are the requirements for recirculating exhaust air?

(1) An employer must ensure that exhaust air is not recirculated

into the workplace unless it does not create a health hazard to

employees and vapors in the exhaust air do not exceed 25% of their

lower flammable limit. Exhaust air from an operation using flammable or

combustible liquids may be recirculated only when the following

additional requirements are met:

(i) The recirculated air is free of solid particulates;

(ii) Approved equipment monitors the vapor concentration in exhaust

air; and

(iii) An audible alarm must be sounded and the dipping and coating

operations must shut down automatically when a vapor concentration

greater than 25% of its lower flammable limit is detected in the

exhaust system.

(2) When exhaust hoods are used, the volume of outside air provided

to work areas having exhaust hoods must be between 90 and 110 percent

of the exhaust volume, the outside air supply to such areas must not

damage the exhaust hood, and the air-flow rate of the make-up air must

be measured when an exhaust hood is installed.

(d) What are the requirements for entry into a dip tank? An

employer must ensure that entry into a dip tank is done in accordance

with Sec. 1910.146.

(e) What are the requirements for training employees? An employer

must instruct all employees who work in or near a vapor area about:

(1) The hazards of their jobs;

(2) Appropriate first aid procedures; and

(3) Necessary personal protective equipment.

(f) What personal protective equipment must be used? When liquids

used in a dipping or coating operation may contact employees, an

employer must provide, and require employees to use:

(1) Protective footwear for any employee whose feet may become wet

to keep their feet dry;

(2) Gloves for any employee whose hands may become wet to keep

their hands dry;

(3) Protective garments for any employee whose clothing may become

wet to keep their skin dry;

(4) Tight-fitting chemical goggles or an effective face shield when

a liquid could splash into an employee's eyes; and

(5) Respirators when it is necessary to protect the health of the

employee against exposure to an excessive concentration of a toxic

chemical or oxygen deficiency. Respirator selection and use must comply

with Sec. 1910.134 and the appropriate requirements of subpart Z of

this part.

(g) What hygiene facilities must be provided? Locker space or

equivalent clothing storage facilities must be provided by the employer

to prevent contamination of street clothing. An employer must provide

an emergency shower and eye wash located near dipping and coating

operations that use liquids that may burn, irritate, or otherwise harm

the employee's skin. An employer may provide a water hose at least 4

feet (1.22 m) long and not smaller than 3/4 of an inch (18 mm), with a

quick-opening valve, as a substitute for an emergency shower and eye

wash. Also, an employer must provide washing facilities for all

employees required to use or handle any liquids that may burn,

irritate, or otherwise harm their skin. (See paragraph (d) of

Sec. 1910.141.)

(h) What physical examinations and first aid must be provided? An

employer must obtain a physician's approval before an employee with

sores, burns, or other skin lesions requiring medical treatment may

work in a vapor area. Any small skin abrasions, cuts, rashes, or open

sores that are found or reported must be treated by a properly

designated person so that the chances of exposures to the chemicals are

removed. An employer must provide periodic examination of the nostrils

and other parts of an employee's body that are exposed to chromic acids

to detect skin ulcers. Appropriate first aid supplies must be located

near dipping and coating operations.

(i) What are the requirements for cleaning dipping and coating

operations safely?

An employer must ensure that, before the interior of a dip tank is

cleaned, the contents of the dip tank are drained and the cleanout

doors are opened. Also, all pockets in tanks or pits where hazardous

vapors may collect must be ventilated and cleared of such vapors.

(j) What are the requirements for inspecting and maintaining

dipping and coating operations?

(1) An employer must inspect equipment and promptly correct any

deficiencies. An employer must inspect the ventilation system at least

quarterly, and after a prolonged shutdown, to check the hoods and duct

work for corrosion or damage, and check air-flow rates to ensure that

proper rates are maintained. An employer must inspect periodically all

dipping and coating equipment, including covers, drains, overflow

piping, and electrical and fire-extinguishing systems.

(2) An employer must ensure that maintenance work requiring

welding, burning, or open flame done near a vapor area or under

conditions in which toxic metals are released, is done with local

mechanical-exhaust ventilation or with respirators that are selected

and used in accordance with Sec. 1910.134, to prevent a health hazard

to employees. A dip tank must be thoroughly cleaned of solvents and

vapors before it is exposed to welding, burning, or open flame.

Sec. 1910.124 What are the additional requirements for dipping and

coating operations that use flammable or combustible liquids?

An employer using flammable or combustible liquids in dipping and

coating operations must comply with the requirements in this section,

in addition to the requirements of Secs. 1910.122, 1910.123, and

1910.125.

(a) What type of construction materials must be used? An employer

must ensure that a dip tank using flammable or combustible liquids is

constructed of noncombustible material.

(b) When is overflow piping required?

(1) An employer must provide a dip tank with a capacity greater

than 150 gallons (568 L) or a liquid surface area greater than 10 feet

\2\ (.95 m \2\) with

[[Page 16935]]

properly trapped overflow piping discharging to a safe location.

Overflow pipes must be at least 3 inches (7.6 cm) in diameter and of

sufficient capacity to prevent the dip tank from overflowing when

liquids are added to the tank.

(2) Piping connections on drains and overflow pipes must be

constructed so as to permit ready access for inspecting and cleaning of

the interior of the pipe. The bottom of the overflow connection must be

at least 6 inches (15.2 cm) below the top of the dip tank. The overflow

pipe must be arranged to prevent fire-extinguishing foam from floating

away and clogging the overflow pipe, either by extending the overflow

pipe through the dip tank wall and terminating the pipe at an L-joint

pointing downward, or by providing the overflow pipe with a removable

screen of \1/4\ inch (6.4 mm) mesh which has an area at least twice the

cross-sectional area of the overflow pipe. The screen on an overflow

pipe must be inspected and cleaned periodically to prevent it from

clogging.

(c) When is a conveyor system required to shut down automatically?

An employer must ensure that a conveyor system used with a dip tank

shuts down automatically when:

(1) There is a fire;

(2) There is a failure of any fan used to maintain adequate

ventilation; or

(3) The rate of ventilation drops below the level required to meet

the requirements in paragraph (b) of Sec. 1910.123.

(d) What are the requirements for the control of ignition sources?

(1) An employer must ensure that a vapor area, and areas within 20

feet (6.1 m) of the vapor area not separated from it by tight

partitions, are free of open flames, spark-producing devices, or

surfaces hot enough to ignite vapors. Electrical wiring or equipment in

a vapor area, and areas adjacent to it, must conform with the

applicable requirements of subpart S of this part for hazardous

(classified) locations. When a portable container is used to add a

liquid to a dip tank, the container and tank must be electrically

bonded to each other, and positively grounded, to prevent static

electrical sparks or arcs.

(2) When a heating system that may be an ignition source is used in

a drying operation, the heating system must be installed in accordance

with NFPA 86A-1969, Standard for Ovens and Furnaces (which is

incorporated by reference in Sec. 1910.6), adequate mechanical

ventilation must be operating before and during the drying operation,

and the heating system must shut down automatically when any

ventilating fan fails to maintain adequate ventilation.

(3) An employer must ensure that a vapor area is free of

combustible debris and as clear of combustible stock as practical. Rags

or other material contaminated with liquids from dipping and coating

operations must be placed in an approved waste can immediately after

use, and the contents of the waste can must be properly disposed of at

the end of each shift.

(4) An employer must prohibit smoking in a vapor area. A readily

visible ``No Smoking'' sign must be posted near each dip tank.

(e) What fire protection must be provided?

(1) An employer must provide the fire protection required by this

paragraph (e) for a dip tank with a capacity of at least 150 gallons

(568 L) or having a liquid surface area of at least 4 feet \2\ (.38 m

\2\), and a hardening or tempering tank with a capacity of at least 500

gallons (1893 L) or having a liquid surface area of at least 25 feet

\2\ (2.37 m \2\).

(2) An employer must ensure that a vapor area is provided with

manual fire extinguishers suitable for flammable and combustible liquid

fires, and the manual fire extinguishers must conform to the

requirements of Sec. 1910.157. A vapor area must also be protected by

an automatic fire-extinguishing system that conforms with subpart L of

this part. An automatic closing cover may be used instead of an

automatic fire-extinguishing system, when it is:

(i) Activated by an approved automatic device;

(ii) Capable of manual operation;

(iii) Noncombustible or of tin-clad type with enclosing metal

applied with locked joints; and

(iv) Kept closed when the dip tank is not in use.

(f) To what temperature may liquids in a dip tank be heated? An

employer must ensure that a liquid in a dip tank is not heated above

the liquid's boiling point or to a temperature within 100 deg.F

(37.8 deg.C) of the liquid's autoignition temperature.

Sec. 1910.125 What are the additional requirements for special dipping

and coating applications?

An employer must comply as appropriate with each of the

requirements of this section in addition to the requirements for

dipping and coating operations in Secs. 1910.122 through 1910.124.

(a) What additional requirements apply to hardening or tempering

tanks? While the following requirements apply to hardening or tempering

tanks, the requirements in the first sentence of paragraph (d)(1) of

Sec. 1910.124 do not.

(1) An employer must ensure that hardening or tempering tanks are

located as far as practicable from furnaces and are placed on

noncombustible flooring. Tanks must have a noncombustible hood and vent

or other equivalent device for venting to the outside. For this

purpose, vent ducts must be treated as flues and kept away from

combustible roofs and other materials.

(2) Tanks must have a device that sounds an alarm when the liquid

temperature reaches within 50 deg.F (10 deg.C) of its flashpoint (alarm

set point), and that shuts down the conveying equipment that supplies

work to the dip tank when practical from an operating standpoint. A

circulating cooling system or similar equipment must be used when the

liquid temperature can exceed the alarm set point. A bottom drain may

be used in the circulating cooling system when the drain valve operates

automatically with an approved heat-actuated device or manually from a

safe location. Air under pressure must not be used to fill or agitate

the liquid in the tank.

(b) What additional requirements apply to flow coating? An employer

must ensure that paint is supplied to the process by either a direct

low-pressure pumping system that automatically shuts down by means of

an approved heat-actuated device in the case of fire, or a gravity tank

not exceeding 10 gallons (38 L) in capacity. All piping must be erected

in a strong fashion and rigidly supported.

(c) What additional requirements apply to roll coating, roll

spreading, or roll impregnating a flammable or combustible liquid with

a flashpoint below 140 deg.F (60 deg.C)? An employer must ensure that

sparking of static electricity is prevented by bonding and grounding

all metallic equipment parts (including rotating parts) and installing

static collectors, or by maintaining a conductive atmosphere (such as a

high relative humidity) in the vapor area.

(d) What additional requirements apply to vapor degreasing tanks?

(1) An employer must ensure that, in a degreasing tank equipped

with a condenser or vapor-level thermostat, the condenser or thermostat

keeps the vapor level below the top of the dip tank by at least 36

inches (91 cm) or one-half the dip tank width, whichever is shorter.

When fuel gas is used to heat the liquid in a vapor degreasing tank,

solvent fumes or vapors must be prevented from entering the air-fuel

mixture by making the combustion chamber airtight, except for the flue

opening. Special attention must be paid to making the combustion

chamber airtight when chlorinated- or

[[Page 16936]]

fluorinated-hydrocarbon solvents are used. The flue must be made of

corrosion-resistant material and extend to the outer air, and a draft

diverter must be installed when mechanical exhaust is used on the flue.

(2) The surface temperature of a heating element must not cause a

solvent or a mixture to decompose or be converted into any excess

quantity of vapor. Tanks with a vapor area larger than 4 feet \2\ (.38

m\2\) used for solvent cleaning or vapor degreasing must have cleanout

or sludge doors located near the bottom of each tank. The doors must

prevent leakage of liquid when closed.

(e) What additional requirements apply to cyanide tanks? An

employer must ensure that tanks are constructed with a dike or other

method to prevent cyanide from mixing with an acid when a dip tank

fails.

(f) What additional requirements apply to spray cleaning and

degreasing tanks? An employer must ensure that airborne spraying used

to disperse a liquid above any open-surface tank is controlled by

enclosing the spraying to the extent feasible, and by using mechanical

ventilation that provides enough inward air velocity to prevent the

spray from leaving the vapor area.

(g) What additional requirements apply to electrostatic paint

detearing?

(1) An employer must ensure that electrostatic equipment used for

paint-detearing operations is approved. The electrodes used in such

equipment must be constructed in a substantial manner, rigidly

supported in permanent locations, and insulated effectively from ground

using insulators that are nonporous, noncombustible, and kept clean and

dry.

(2) Goods being paint deteared using electrostatic equipment must

be supported on conveyors and manipulated by means other than by hand.

The distance between goods being paint deteared and the electrodes or

conductors of the electrostatic equipment must be maintained at twice

the sparking distance or greater; this distance is referr'ed to as the

``safe distance.'' The safe distance must be maintained for goods that

are supported on conveyors during the paint-detearing operation. The

safe distance must be displayed conspicuously on a suitable sign

located near the electrostatic equipment.

(3) Electrostatic equipment used in paint-detearing operations must

have automatic controls that immediately disconnect the power supply to

the high-voltage transformer and signal the operator when failure

occurs in ventilating equipment or conveyors used in paint-detearing

operations, a ground or imminent ground occurs at any point on the

high-voltage system, or the safe distance is not maintained.

(4) Fences, rails, or guards must be used that safely isolate

paint-detearing operations from plant storage and personnel, are

constructed of conducting material, and are adequately grounded.

(5) To protect paint-detearing operations from fire, automatic

sprinklers must be used when available. When such sprinklers are not

available, automatic fire-extinguishing systems must be used that

conform to subpart L of this part.

(6) Removable drip plates and screens must be used to collect paint

deposits, and must be cleaned in a safe location.

[FR Doc. 98-9044 Filed 4-6-98; 8:45 am]

BILLING CODE 4510-26-P