Dipping and Coating Operations

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. S-022]

RIN 1218-AB55

Dipping and Coating Operations

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

ACTION: Final rule.

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SUMMARY: OSHA's standards for dipping and coating operations, codified

at sections 1910.108 and 1910.94(d), are designed to protect employees

from fire, explosion, and other hazards associated with these

operations. On April 7, 1998 (63 FR 16918), OSHA published proposed

revisions to these standards in the Federal Register. The Federal

Register announcement requested comments on the proposed rule, as well

as on three major issues identified by OSHA. Based on these comments

and other considerations, the Agency has developed the final standard

to accomplish several goals: To rewrite the former standards in plain

language; to consolidate the former requirements in sequential sections

(sections 1910.122 through 1910.126 in subpart H of part 1910); and to

update the former standards to increase the compliance options

available to employers. In addition to achieving these goals, OSHA

concludes that the final rule being published today will enhance

employee protection by making it more understandable and useful to

employers and employees and more flexible and performance-oriented than

the former rules. The final rule accomplishes these goals without

increasing the regulatory burden of employers or reducing employee

protection.

DATES: The final rule becomes effective April 22, 1999. The

incorporation by reference of certain publications listed in the final

rule is approved by the Director of the Federal Register as of April

22, 1999.

ADDRESSES: In accordance with 28 U.S.C. 2112(a), the Agency designates

the Associate Solicitor for Occupational Safety and Health, Office of

the Solicitor of Labor, Room S-4004, U.S. Department of Labor, 200

Constitution Avenue, N.W., Washington, DC 20210 to receive petitions

for review of the final rule.

FOR FURTHER INFORMATION CONTACT: Ms. Bonnie Friedman, Director, Office

of Public Affairs, Room N-3647, Occupational Safety and Health

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

N.W., Washington, DC 20210; telephone: (202) 693-1999. For additional

copies of this Federal Register notice contact: OSHA, Office of

Publications, U.S. Department of Labor, Room N-3101, 200 Constitution

Avenue, N.W., Washington, DC 20210; telephone: (202) 693-1888.

Electronic copies of this Federal Register notice, as well as news

releases, fact sheets, and other relevant documents, can be obtained

from OSHA's web page on the Internet at http://www.OSHA.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In May 1995, President Clinton asked all Federal regulatory

agencies to review their regulations to determine if they 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 found to

be unnecessary, duplicative, or inconsistent and to rewriting those

found to be complex and outdated. The Agency's dip-tank standards were

identified by that review as needing clarification.

OSHA chose to rewrite these standards in plain language because dip

tanks pose serious hazards to employees engaged in dipping and coating

operations. There are hundreds of thousands of dip tanks in America.

Wherever metals are coated, furniture is stripped and refinished,

automobiles are repaired, aircraft are maintained, and leather is

tanned, dip tanks are an essential part of the process. The liquids

used to perform these operations are often dangerous, both from a

safety and health standpoint. These liquids include flammable

substances such as acetone, corrosive materials such as cyanide acids

and chromic acids, and chronic toxins such as perchloroethylene and

methylene chloride. Most facilities with dip tanks are small: OSHA

estimates that the majority of these facilities have fewer than 20

employees. Industries with large numbers of dip tanks include

automobile manufacturing, electronic manufacturing, electroplating,

defense, transportation equipment, computer manufacturing, automobile

repair, paint stripping, and other service industries.

The final rule does not change the technical substance of the

former standards or alter the regulatory obligations placed on

employers or the safety and health protections provided to employees.

OSHA believes, moreover, that the performance-oriented language of the

final rule will facilitate compliance because it gives employers more

compliance options than they had under the former standards.

II. Summary and Explanation of the Final Rule

This section consists of five parts. Part 1 summarizes the comments

received by OSHA on the three issues raised in the proposal. The issues

are listed together, followed by the comments on each issue and OSHA's

responses. The second part summarizes the comments on specific

paragraphs of the proposal, as well as OSHA's discussion of the

comments. In the third part, OSHA responds to general comments made

about the rulemaking, while the fourth part describes technical and

editorial revisions made by OSHA to the final regulatory text. Part 5

consists of tables that compare provisions of the former and final

rules.

Note that OSHA has redesignated the section numbers in the final

rule as 1910.122 through 1910.126, instead of 1910.121 through

1910.125, as proposed. This revision is explained more fully in Part 4,

paragraph a.

Part 1

OSHA received the following comments on the three issues raised in

the proposal.

(a) The first issue, which addressed whether the plain-language

version of the final rule reduces employee protections or increases

employer burden when compared with the former standards, received only

one comment (Ex. 4-13). This commenter stated that the plain-language

version improved employee protection because the performance-oriented

language would ``accommodate technical advancement in industries

impacted by the standard.'' This comment substantiates the Agency's

finding that the proposed standard ``will enhance employee protection

by * * * providing additional compliance flexibility to employers.''

(63 FR 16918)

(b) The second issue, which concerned commenters' preference for

the traditional format or question-and-

[[Page 13898]]

answer format (both of which were proposed), elicited five comments.

One commenter (Ex. 4-6) had no preference, stating that ``either plain

language alternative format * * * [is] acceptable and more user

friendly than the current standard.'' Another commenter (Ex. 4-7)

preferred the traditional format but provided no rationale for this

preference. Three commenters (Exs. 4-3, 4-5, and 4-13) preferred the

traditional format on the grounds that it simplified the regulatory

text and made it easy to follow. One of these commenters (Ex. 4-5)

noted that the paragraph headings in the traditional format are

``informative and useful; they should make it easier [to find

information quickly].'' Another commenter (Ex. 4-12) objected to the

question-and-answer format because it is ``redundant and more time

consuming to review,'' adding that locating a specific requirement

depends too much on the reader's asking of the correct question.

Additionally, this commenter stated that existing training programs

``are built around the traditional format, and a change of format would

require a more comprehensive approach than proposed here.'' One

commenter (Ex. 4-8) favored the question-and-answer format because the

simple paragraphs are ``devoted to a single, unified topic'' and ``are

more 'user friendly' and thus will be more easily understood.''

Existing Federal policy favors the use, when appropriate, of the

question-and-answer format and personal pronouns to enhance

understandability and directness. Based on a recent memorandum from

President Clinton (Presidential Memorandum for the Heads of Executive

Departments and Agencies, June 1, 1998) and additional guidance

received from the National Partnership for Reinventing Government (Vice

Presidential Memorandum to the Heads of Executive Departments and

Agencies, July 29, 1998), OSHA decided that the final rule will follow

the question-and-answer plain-language format. To address commenters'

concerns (Exs. 4-3, 4-5, and 4-13), OSHA removed proposed sentences

that were repeated in both the question and answer to the question,

shortened the questions, and made them specific to the topic of the

provision.

(c) The third issue raised in the proposal asked whether provisions

of the former dip-tank standards should be updated. Only one comment

(Ex. 4-12) was received on this topic, and this commenter stated that

there was no need to update the standards further. The Agency,

therefore, concludes that no further updating of the dip-tank standards

is necessary at this time.

Part 2

OSHA received the following comments on specific proposed

paragraphs.

Proposed paragraphs 1910.122(a) and (b) (final paragraphs

1910.123(a) and (b)), which addressed the scope of the rule, received

one comment (Ex. 4-4). This commenter stated that the two paragraphs

should be combined because ``[s]eparating them serves no purpose.''

OSHA has not combined paragraphs (a) and (b) in the final rule because

the Agency believes it is appropriate to separate provisions

establishing the final rule's applicability from those providing

examples of covered operations.

Four commenters (Exs. 4-6, 4-7, 4-9, and 4-11) were concerned that

the scope of the proposed rule had been enlarged over that of the

former standards because the proposal used the phrase ``liquid other

than water.'' For example, one commenter (Ex. 4-6) interpreted this

phrase as including, for example, water-based materials. According to

this commenter, ``the hazard associated with materials having high

flash points (e.g. greater than 140 or 200 degrees Fahrenheit; Class II

or Class IIIA liquids), and low toxicity, do [sic] not appear to

warrant inclusion in this type of a standard. This can include numerous

water-based materials that can be used for cleaning, coating or

treating.''

Another commenter (Ex. 4-7) argued that the scope of the proposed

rule was broader than that of the former standard because the hazard

assessment required by paragraph (d)(2) of former section 1910.94 had

been removed and ``[w]ithout a hazard assessment the proposed rule's

coverage would significantly expand and add burdensome requirements

where there is little hazard.'' Another commenter (Ex. 4-9) stated,

``Logically, the proposed rule should [require employers to] assess the

severity and exposure to a hazard based on existing OSHA requirements

(Z table). Then if the hazard or exposure warranted employee

protection, the proposed rules would be required.''

The major concern of these commenters was that the scope of the

rule had been broadened beyond that of former sections 1910.94(d) and

1910.108. In situations where the ventilation requirements of former

paragraph 1910.94(d) did not apply (because employers were using

cleaning solutions such as soap and water in their dip tanks), the

commenters assumed that the training, personal-protection, hygiene-

facilities, physical-examination, and first-aid requirements also did

not apply. This assumption is not correct. Under the former rule

(1910.94(d)(2)) and the final rule (1910.124(b)), even if a dipping or

coating operation is exempt from the ventilation requirements, it may

still be covered by other provisions, depending on the characteristics

of the operation. For example, the hygiene facilities provision of the

final rule applies when employees are exposed to ``liquids that may

burn, irritate, or otherwise harm their skin''; this clarification is

explained below in OSHA's response to the comments on proposed

paragraph 1910.123(g). Similarly, the physical-examination and first-

aid requirements also apply when specific conditions exist (see the

discussion of paragraph 1910.123(h) below). As discussed below, these

provisions are no broader in scope in the final rule than they were

before.

In addition, the final rule cross-references the personal-

protective equipment (PPE) requirements of subpart I, instead of

including them in the rule. The effect of this change, which is

described in connection with the discussion below of paragraphs

1910.123(e) and (f), is that the final rule's PPE requirements will

only be triggered when the contents of the dip tank warrant use of PPE.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d))

defined ``approved'' to mean that the ``equipment is listed or approved

by a nationally recognized testing laboratory as defined by

Sec. 1910.7.'' One commenter (Ex. 4-4) recommended that the definition

be revised to ``allow equipment and systems that can be shown to meet a

recognized design standard.'' OSHA has not adopted this suggestion

because 29 CFR 1910.7 ensures that a nationally recognized testing

laboratory (NRTL) has evaluated approved equipment and found it to be

safe.

In defining the term ``approved,'' OSHA refers to section 1910.7

because it permits uniform and high-quality evaluation of health and

safety equipment required by OSHA standards. OSHA has recognized many

NRTLs under 29 CFR 1910.7 to provide equipment manufacturers with

testing services; a list of these laboratories can be obtained from

OSHA's Technical Support Directorate. In addition, this commenter is

recommending a substantive revision to the former standards that OSHA

has not considered, and which, therefore, is beyond the scope of this

rulemaking.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d))

defined

[[Page 13899]]

``combustible liquid'' as ``a liquid having a flash point of 100 deg. F

(37.8 deg. C) or above.'' One commenter (Ex. 4-1) recommended that

``[t]he * * * definition should be expanded to state `but less than

200 deg. F,' '' and another commenter (Ex. 4-7) stated that Class III

liquids should not be covered and Class II liquids should be defined as

having ``a flash point above * * * 100 degrees Fahrenheit and below 140

degrees Fahrenheit.''

OSHA has retained the proposed definition of ``combustible

liquids'' in the final rule because it is consistent with the

definition of such liquids in section 1910.106(a) (as well as NFPA 34-

1995); in addition, the regulated community has considerable experience

using this definition when managing flammable and combustible liquids.

However, the Agency also has added a statement at the beginning of

section 1910.125 of the final rule excepting combustible liquids with

flashpoints of 200 deg. F or above from the rule unless the liquid is

heated as part of the dipping or coating operation or a heated object

is placed in an unheated liquid having such a flashpoint. This

exception, which responds to the comments on this provision, is

warranted because no combustible or explosive vapors are produced under

these conditions.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d))

defined ``dip tank'' as ``a tank, vat, or container that holds liquids

used for dipping or coating operations. In dipping or coating

operations, an object may be immersed totally or partially in a dip

tank, or held in the vapor above the dip tank.'' There were four

comments on this definition (Exs. 4-1, 4-6, 4-7, and 4-10). One

commenter (Ex. 4-1) observed that objects are often held ``within the

vapor layer, which is above the liquid level and below the condensing

coils within the tank.'' OSHA agrees with this commenter and, in the

final rule, revised the last part of the second sentence of the

definition to read ``or suspended in a vapor coming from the dip

tank.''

This commenter (Ex. 4-1) also noted that OSHA Instruction STD 1-5.5

states that parts-washing sinks are not dip tanks. Other commenters

(Exs. 4-6, 4-7, and 4-10) argued that containers having a capacity or

surface area below a specific level (e.g., 60 gallons or 25 square

feet) should not be covered by the definition.

The proposed definition of ``dip tank'' was adopted from those in

former paragraphs 1910.94(d)(1)(i) and 1910.108(a)(1), which contained

no exceptions based on the dip tank's type, capacity, or surface area.

Therefore, all containers, regardless of capacity or surface area, are

covered by the applicable requirements of the final rule; to exempt

some tanks based on these considerations would diminish the protections

provided to employees by the final rule. The Agency also notes that

OSHA Instruction STD 1-5.5, which was published in 1978, pertained to

parts-washing tanks that were supplied with drains. The use of such

tanks is no longer permitted by Environmental Protection Agency rules,

which prohibit the draining of flammable or combustible liquids into

sewer systems or ground-water reservoirs. Consequently, OSHA will soon

issue a directive canceling STD 1-5.5.

Another commenter (Ex. 4-7) recommended that ``OSHA should use

[its] existing definition [of dip tanks] in 29 CFR 1910.108(a)(1).'' In

response, OSHA notes that the definition of ``dip tank'' in former

paragraph 1910.108(a)(1) covered only flammable and combustible

liquids, while other liquids were covered by the definition in former

paragraph 1910.94(d)(1)(i). The final standard's definition of dip tank

combines the coverage and operations addressed by the definitions in

both sections 1910.94(d) and 1910.108.

Proposed paragraph 1910.122(d) (final paragraph 1910.123(d))

defined ``vapor area'' as ``any space containing dipping or coating

operations, its drain boards, and associated drying or conveying

equipment.'' Four commenters (Exs. 4-1, 4-2, 4-4, and 4-7) stated that

the definition was vague and should be revised to ``provide an

objective and simple test to determine the boundaries of a `vapor area'

so that employers complying with the standard can clearly establish the

point in their operations at which such precautions as explosion-proof

or intrinsically electrical equipment must be used'' (Ex. 4-2). A

second commenter (Ex. 4-4) stated that ``[t]he definition [of vapor

area] should include any associated equipment that might operate above

25% of the LFL, as is the case in NFPA 34's definition in Section 1-

6.'' This commenter also recommended that OSHA adopt the definition of

``vapor source'' from section 1-6 of NFPA 34-1995. Finally, a third

commenter (Ex. 4-7) urged OSHA to ``consider adding `or hazardous

concentrations of vapors' [to the definition] so that this encompasses

both [former] regulations.''

OSHA agrees with these commenters that the definition of ``vapor

area'' in the final rule should be more specific. Consequently, the

Agency revised the definition to include areas in which the

concentration of flammable vapors exceeds 25% of the LFL. The revised

definition, therefore, is consistent with the phrase ``dangerous

quantities'' in the definition of ``vapor area'' in former paragraph

1910.108(a)(2). However, OSHA sees no need to adopt a definition for

``vapor source'' because this term is not used in the regulatory text.

Proposed paragraph 1910.123(a) (final paragraph 1910.124(a)), which

addressed the construction requirements for dip tanks and would have

required the tank and its drain boards to be able ``to withstand any

expected load,'' received only one comment (Ex. 4-7): ``A more concise

wording would read `Dip tanks must be constructed for their intended

service.' '' The Agency interprets the phrase ``to withstand any

expected load'' in the standard as referring to the strength of the dip

tank. The term ``service'' in the commenter's recommended language

appears to address the usefulness of a dip tank, not its strength.

Therefore, OSHA is not adopting this commenter's suggestion.

Proposed paragraph 1910.123(b) (final paragraph 1910.124(b)), which

specified the requirements for adequate ventilation, elicited only the

following comment (Ex. 4-4): ``NFPA 34 Section 5-2 is more definitive

[than the parallel provision in the proposed rule] in that it sets a

performance requirement for the ventilation system to limit the extent

of the vapor area to not more than 5 feet beyond the vapor source, as

defined in NFPA 34.'' OSHA believes that, for optimal employee

protection and consistency with the requirements of former paragraphs

1910.94(d)(3) and 1910.108(b)(1), no area above the dip tank may have a

concentration greater than 25% of the lower flammable limit for the

substance in the tank. Additionally, paragraph 1910.124(b)(4) of the

final standard states, as did the proposal, that the employer who

complies with NFPA 34-1995 also meets the mechanical-ventilation

requirements of the OSHA standard.

Proposed paragraph 1910.123(b)(2) (final paragraph 1910.124(b)(3)),

which concerned tank covers and materials that may be used as

alternatives to ventilation in some circumstances, elicited only one

comment. This commenter (Ex. 4-4) stated that ``[w]hile a tank cover

will reduce ignitable vapors, it can be argued that the floating beads

[allowed by the standard to replace or supplement ventilation in some

cases] will increase the surface area from which vapors can evolve.''

According to the final rule, however, tank covers or floating materials

[[Page 13900]]

(including floating beads) cannot be used when these controls do not

``maintain the airborne concentrations of the hazardous material and

the worker's exposure below the limits specified in paragraphs (b)(1)

and (b)(2) of this section.'' OSHA, therefore, believes that this

commenter's concern has been addressed by this revision to the final

rule.

Proposed paragraph 1910.123(b)(3) (final paragraph 1910.124(b)(4)),

which contained ventilation specifications, elicited only one comment

(Ex. 4-4); this commenter urged OSHA to adopt the ventilation design

and installation requirements in NFPA 91. OSHA reviewed the most recent

NFPA 91 consensus standard and believes that it is a useful reference

for constructing and installing ventilation systems; unlike the

references specified in final paragraph 1910.124(b)(4), however, NFPA

91 does not contain the information necessary to determine the volumes

and flow rates necessary to remove vapor hazards from the workplace.

Proposed paragraph 1910.123(b)(4) (final paragraph 1910.124(b)(5)),

which addressed mechanical ventilation, received only one comment (Ex.

4-7). This commenter stated that this paragraph does not allow

employers to use dilution (non-mechanical) ventilation to control low-

level exposures to airborne contaminants. This is a misinterpretation

of proposed paragraph 1910.123(b)(4), however, because that paragraph

does not require that mechanical ventilation be used, only that it

``draw the flow of air into a hood or exhaust duct'' when it is used.

Therefore, non-mechanical dilution ventilation (e.g., open windows and

doors) can be used when it meets the specifications of final paragraphs

1910.124(b)(1) and (b)(2).

Proposed paragraph 1910.123(c)(2)(i) (final paragraph

1910.124(c)(2)(i)), which specified that recirculated exhaust air be

free of solid particulates, was the subject of a comment (Ex. 4-7) that

stated ``this requirement is unnecessary unless the particulate poses a

health or fire hazard.'' OSHA agrees that this requirement applies only

to particulates that pose health and fire hazards to employees, and has

revised the final provision accordingly.

Proposed paragraph 1910.123(c)(3)(iii), which required that the

flow rate of make-up air be measured when an exhaust hood is installed,

elicited two comments (Exs. 4-3 and 4-10). The first commenter (Ex. 4-

3) endorsed the proposed revision because it would improve compliance,

while the second commenter (Ex. 4-10) noted, ``[For small operations,

t]here [may be] numerous exhausts and numerous sources of make-up air.

In these cases the flow rate of make up air can not be measured.''

OSHA has decided that this provision is redundant with the

requirements of final paragraph 1910.124(d)(1), which requires that the

correct airflow be evaluated and maintained to ensure that the volume

of outside air is at least 90 percent of the volume of the exhaust air.

Therefore, the paragraph as proposed is not included in the final rule.

Proposed paragraph 1910.123(d) (final paragraph 1910.124(e)), which

addressed employee entry into dip tanks, received only one comment (Ex.

4-7). This commenter asked whether the permit requirements of OSHA's

Permit-Required Confined Spaces standard (29 CFR 1910.146) will apply

to dip tanks because that standard defines confined-space entry as

``breaking the plane of the confined space with any part of the body.''

This commenter observed that ``[i]n dipping and coating operations

employees may be required to break the plane of the tank to dip or coat

parts.''

According to paragraph (b) of 29 CFR 1910.146, a permit-required

confined space must be ``large enough and so configured that an

employee can bodily enter and perform assigned work,'' have ``limited

or restricted means for entry or exit,'' and not be ``designed for

continuous employee occupancy.'' In response to this commenter, OSHA

notes that entry into dip tanks that meet this definition must be done

in accordance with the requirements of 29 CFR 1910.146, and that the

standard would be cited if improper entry occurs.

Proposed paragraph 1910.123(e) (final paragraph 1910.124(f)), which

addressed training requirements for employees who work in or near a

vapor area, was found by two commenters (Exs. 4-1 and 4-7) to duplicate

other OSHA training requirements. The proposed provision would have

required employers to instruct employees working in or near a vapor

area in the hazards of their jobs, first-aid products, and PPE. One

commenter (Ex. 4-7) stated that ``[t]he requirements of 29 CFR

1910.1200 already require [hazard training]. This [proposed]

requirement is duplicative and burdensome. [Also, 29 CFR 1910.38 and

1910.151 specify first-aid procedures.]''

OSHA agrees that the proposed requirement for hazard training would

have duplicated the provisions of paragraph (h) of the Hazard

Communication standard, 29 CFR 1910.1200, and has therefore deleted it

from the final Dipping and Coating Operations standard. However, OSHA

does not agree that paragraph (a) of section 1910.38 addresses first

aid directly; instead, it requires that designated employees be trained

to assist ``in the safe and orderly emergency evacuation of [other]

employees.'' Paragraph (c) of section 1910.151 requires that ``a person

or persons be trained to render first aid'' when ``an infirmary,

clinic, or hospital is not in near proximity * * * for the treatment of

all injured employees * * *.'' The first-aid provision of section

1910.151, therefore, does not duplicate the proposed requirement, which

stated that ``all employees who work in or near a vapor area must

receive ``appropriate first-aid instruction.'' Adopting the first-aid

requirements of section 1910.151 in lieu of the proposed requirement

would reduce substantially the protection afforded to employees by this

paragraph of the final rule, and OSHA has thus not adopted this

suggestion.

For clarity, OSHA has revised the language of paragraph 1910.124(f)

to state that employees must ``know'' about the first-aid procedures

appropriate to the dipping and coating hazards to which they are

exposed. This revision eliminates the proposed provision, which would

have required employers to document that employees involved in dipping

or coating operations had received the required instruction.

Proposed paragraph 1910.123(f), which specified requirements for

personal protective equipment (PPE), elicited two comments (Exs. 4-1

and 4-7) recommending that the provision be dropped because it

duplicated the hazard-assessment, training, and PPE requirements of 29

CFR subpart I. Two other commenters (Exs. 4-10 and 4-11) noted that a

hazard assessment conducted under the proposed provision would require

PPE when employees were exposed to minor hazards, such as soap-and-

water solutions. A fifth commenter (Ex. 4-13) recommended that the ANSI

consensus standard for eye and face protection, ANSI Z87.1-1989, be

referenced in this paragraph.

OSHA agrees that this proposed paragraph would have duplicated the

requirements of 29 CFR 1910, subpart I, and has accordingly deleted it

from the final standard. OSHA notes that the requirements of 29 CFR

1910, subpart I, including the Respiratory Protection requirements at

section 1910.134, have always applied, as appropriate, to employers who

are involved in dipping or coating operations, and will continue to do

so. Paragraph (b)(1) of section 1910.133 (``Eye and Face Protection''),

[[Page 13901]]

which applies to employers who engage in dipping or coating operations,

refers to ANSI Z87.1-1987; thus, adding a cross-reference to the ANSI

standard is not necessary, as suggested by one commenter (Ex. 4-1).

Proposed paragraph 1910.123(g) (final paragraph 1910.124(g)), which

addressed hygiene facilities, elicited two comments. The first

commenter (Ex. 4-3) stated that proposed paragraph (g)(3), which would

have regulated washing facilities, was too vague and recommended that a

minimum number of basins be specified. The second commenter (Ex. 4-7),

however, found that proposed paragraph (g)(3) was ``well stated'' but

that proposed paragraphs (g)(1) and (g)(2), which would have required

storage, emergency-shower, and eye-wash facilities, were ``unnecessary

and burdensome.''

On review of these provisions (proposed paragraphs (g)(1) and

(g)(2)), OSHA has decided to narrow their application to those

employees exposed to liquids that ``burn, irritate, or otherwise [are]

harmful to the skin.'' This revision is consistent with section

1910.94(d) of the former rule.

To clarify the requirement in proposed paragraph (g)(3) and to

ensure that an adequate number of hygiene facilities is provided to

employees, OSHA has revised this provision to specify, consistent with

former section 1910.94(d)(9)(ix), that ``at least one basin with a hot-

water faucet [be provided] for every 10 employees who work with such

liquids.''

Proposed paragraph 1910.123(h) (final paragraph 1910.124(h)), which

specified physical examination and first-aid requirements, received two

comments (Exs. 4-7, 4-10) that were concerned with the regulatory

burden imposed by the proposed paragraph. One commenter stated that

``[p]hysical exams may be required dependent on the health risk but

certainly [are] not required for cleaning operations using mild

surfactants'' (Ex. 4-7). This commenter noted that the medical service

and first-aid requirements of section 1910.151 appear to duplicate the

provisions of this paragraph, and that many employers ``utilize first

aid providers who bring their supplies with them to an emergency.'' The

second commenter (Ex. 4-10) believed that the requirement proposed in

paragraph (h)(4), which would have required first-aid supplies to be

located near dipping and coating operations, contradicted the provision

in proposed paragraph (h)(2) for a properly designated person to treat

skin abrasions, cuts, rashes, or open sores, stating that ``[t]he

presence of first aid supplies near the operation would encourage

administration of first aid by the operators [who] are not necessarily

the properly designated people.''

OSHA has not adopted the suggestions of these commenters because

doing so would reduce the level of employee protection provided by the

final rule. For example, even a mild surfactant may worsen a serious

skin lesion and cause it to require the attention of a health care

provider. Further, requiring that the first-aid kit be located ``near

the dipping and coating operations'' could facilitate more rapid

intervention in a medical emergency than merely having such supplies

``readily available,'' as required by paragraph (b) of section

1910.151. The Agency notes, however, that paragraph (h)(4) of the final

rule specifies only that the first-aid supplies be ``appropriate.''

This means that less hazardous dipping or coating operations would be

likely to require fewer first-aid supplies than more hazardous

operations. In response to the comments in Ex. 4-10, the Agency finds

that final rule paragraphs 1910.124 (h)(2) and (h)(4) do not contradict

each other; paragraph (h)(2) addresses the treatment of skin abrasions,

cuts, rashes, or open sores to prevent skin exposure to hazardous

chemicals, while paragraph (h)(4) designates the location of first-aid

supplies to be used after an injurious exposure has occurred.

As noted above in the summary and explanation for final rule

paragraph 1910.124(g), the Agency has determined that these

requirements apply only when specific liquids are being used.

Accordingly, paragraph 1910.124 (h) of the final rule has been revised

to require physical examination and first aid only when employees are

exposed to ``liquids that may burn, irritate, or otherwise harm their

skin[.]''

Proposed paragraph 1910.123(j) (final paragraph 1910.124(j)),

addressed the inspection and maintenance of dipping and coating

operations, including quarterly inspections of ventilation systems. One

commenter (Ex. 4-3) endorsed the proposed language because it would

improve compliance, while another commenter (Ex. 4-7) found the

requirement ``too prescriptive'' and recommended that it be replaced

with more performance-based language. This commenter stated that ``[i]n

some corrosive atmospheres[,] quarterly [inspections] would be too

infrequent. In other non-corrosive atmospheres[,] quarterly

[inspections] would be too frequent and a waste of maintenance

resources'' (Ex. 4-7).

The proposed requirement was adapted from paragraph (d)(8)(i) of

former section 1910.94, which specified inspections ``[a]t intervals of

not more than 3 months operation.'' Consequently, this commenter (Ex.

4-7) is recommending a substantive revision to the standard that is

beyond the scope of this rulemaking. OSHA also believes that the final

rule's phrase, ``at least quarterly,'' imposes a duty on employers to

inspect at more frequent intervals when doing so is necessary ``to

ensure that proper rates are maintained.''

Proposed paragraph 1910.124 (final paragraph 1910.125), which

specified requirements for dipping and coating operations that use

flammable or combustible liquids, elicited only one comment (Ex. 4-4).

This commenter encouraged OSHA to reinstate the former rule's

requirement for bottom drains, at least for large tanks, and to adopt

the language of NFPA 34-1995, section 3-6, because ``draining the tank,

particularly a large one, also removes a substantial amount of the fuel

from the fire area quickly. Deleting this requirement presents a much

greater risk for a severe and long-lived fire.''

OSHA agrees with the commenter that properly installed bottom

drains are necessary to quickly remove the substantial quantities of

flammable and combustible liquids often present in large dip tanks;

such removal reduces the risk of severe and long-lived fires that,

under some conditions (e.g., delayed evacuation/exit), could pose

serious risks to employees. Accordingly, paragraph 1910.125(c) of the

final rule requires bottom drains for large dip tanks. However, unlike

paragraph (c)(3) of former section 1910.108 or section 3-6 of the NFPA

standard, this paragraph of the final rule uses performance-based

language. For example, the final rule requires only that tanks

discharge to a safe location, not to ``closed properly vented salvage

tanks or to a safe location outside,'' as specified by the former

standard. The Agency believes that the term ``safe location'' includes

``closed and vented salvage tanks.'' The former standard and NFPA 34-

1995 also specify the pipe sizes that must be used to drain dip tanks

of various capacities, while this paragraph of the final rule requires

only that the pipes be ``correctly sized'' to remove the flammable

liquid. The revised language does specify, however, that the pipes be

capable of removing the dip tank's contents ``within five minutes after

the fire begins,'' consistent with the language in NFPA 34-1995. This

revision thus replaces the table in former paragraph

1910.108(c)(3)(iii) that specified correct pipe size and clarifies the

requirement in former paragraph

[[Page 13902]]

1910.108(c)(3)(i) that ``bottom drains [be] * * * arranged to quickly

drain the tank * * *''

Paragraph 1910.125(c) of the final rule retains the exception from

the bottom-drain requirements for dip tanks that contain highly viscous

liquids. To clarify the provision, however, OSHA has replaced the

phrase ``makes this impractical'' with the language ``does not allow

the liquid to flow or be pumped easily.'' Also included in this

paragraph of the final rule is the provision in NFPA 34-1995 that

excepts dip tanks that have automatic-closing doors from the bottom-

drain requirements; former section 1910.108 did not have this

exception. OSHA believes that automatic-closing doors eliminate fire

and explosion hazards if they meet the requirements of paragraph (f)(3)

of final section 1910.125 and, therefore, will protect employees at

least as well as bottom drains.

Proposed paragraph 1910.124(b)(5) (final paragraph 1910.125(b)(2)),

which addressed the clogging of overflow pipes, elicited only the

following comment (Ex. 4-4): ``[The NFPA Committee is] not aware of any

problems with firefighting foam clogging the overflow pipe on a dip

tank.'' The proposed provision was adopted from a requirement in

paragraph (g)(3) of former section 1910.108, and OSHA believes that it

is necessary to address the possibility of overflow pipe blockage.

Paragraph 1910.125(b)(2) of the final rule thus includes the provision

as proposed.

Proposed paragraph 1910.124(d) (final paragraph 1910.125(e)), which

required the control of ignition sources, received only one comment

(Ex. 4-4). This commenter stated that OSHA should substitute chapter 4

of NFPA 34-1995 for this entire paragraph of the final rule because, in

the commenter's opinion, the NFPA chapter provides ``diagrams that

greatly simplify interpreting the requirements and establishing the

limits of the hazardous (classified) location.'' OSHA finds that by

defining the vapor area and the hazardous area surrounding the vapor

area in objective terms, paragraph 1910.125(e) of the final rule will

provide employers with the information necessary to identify hazardous

areas and sources of ignition. Paragraph 1910.125(e) of the final rule

also specifies the means of controlling ignition sources. OSHA has

therefore not accepted this commenter's suggestion.

Proposed paragraph 1910.124(d)(2) (final paragraph

1910.125(e)(1)(i)), which specified the area that must be free of

ignition sources, elicited several comments (Exs. 4-3, 4-7, 4-11). One

commenter (Ex. 4-3) generally endorsed the proposed provision. Two

commenters, however, recommended that the paragraph be revised. The

first of these commenters (Ex. 4-7) stated that the requirement should

be performance based and recommended the following language: ``Open

flames must be kept out of the vapor area * * * to prevent ignition.''

The second commenter (Ex. 4-11) believed that the proposed paragraph

expanded the requirement in former section 1910.108 because it did not

define hazardous areas by the quantity of flammable vapors present;

this commenter recommended that OSHA instead adopt ``the same distances

as described in NFPA 34-1995.''

OSHA believes that keeping ignition sources (including open flames)

out of areas that are within 20 feet of the vapor area, which is a

requirement taken from paragraphs (e)(1)(i) and (e)(2) of former

section 1910.108, will afford employees more protection than merely

excluding ``open flames'' from the vapor area (as specified in Ex. 4-

7's recommended language). OSHA believes that the revised definition of

``vapor area'' in the final rule, which states that a vapor area is an

``area where the vapor concentration exceeds 25% of the LFL,'' when

used in combination with the definition of an ``adjacent area'' as an

``area within 20 feet * * * of a vapor area,'' will make paragraph

1910.125(e) of the final rule consistent with the requirements of

former paragraph 1910.108(e)(2) and satisfy these commenters' concerns.

Proposed paragraph 1910.124(d)(6) (final paragraphs

1910.125(e)(4)(ii) and (e)(4)(iii)), which delineated the procedure for

disposing of rags and other contaminated material, was found by the

single commenter (Ex. 4-3) to be a ``[g]ood change, [because it]

removes all confusion.'' The language of the final rule is thus

unchanged from that proposed.

Proposed paragraph 1910.124(d)(7) (final paragraph 1910.125(e)(5)),

which prohibited smoking in a vapor area, elicited one comment (Ex. 4-

13). This commenter recommended that the no-smoking signs required by

this paragraph conform to the characteristics for such signs specified

in the ANSI Z535.2-1991 consensus standard.

The proposed no-smoking provision was adopted from paragraph (f)(4)

of former section 1910.108. The Agency also regulates warning signs in

Sec. 1910.145 to ensure that warning signs used in general industry

conform with uniform specifications and are readily understood by

employees. OSHA believes, therefore, that employer familiarity with the

former standard and the provisions of Sec. 1910.145 will enhance their

compliance with final paragraph 1910.125(e)(5). Adopting ANSI Z535.2-

1991 would require employers to comply with new sign requirements,

thereby increasing their regulatory burden. Adopting ANSI Z535.2-1991

would require substantial changes to the former rule and, therefore, is

beyond the scope of this plain-language rulemaking. (OSHA also notes

that ANSI has since issued an updated version of this consensus

standard, ANSI Z535.2-1998. Either version (1991 or 1998) will be

acceptable for the design of no-smoking signs to comply with final

paragraph 1910.125(e)(5).)

Proposed paragraph 1910.124(e)(1)(i) (final paragraph

1910.125(f)(1)), which prescribed fire protection for dip tanks having

a specified volume or surface area, received only one comment (Ex. 4-

4). This commenter stated that section 7-6 of NFPA 34-1995 should be

substituted for this paragraph because the NFPA standard ``covers the

smaller processes and allows a choice between a self-closing cover or a

fire suppression system.'' OSHA based the size limitations specified in

this requirement on paragraphs (c) and (h) of former section 1910.108;

revising this requirement to cover smaller dip tanks would represent a

substantive change to the former rule and is beyond the scope of this

plain-language rulemaking.

Proposed paragraph 1910.125(d)(5) (final paragraph 1910.126(d)(5)),

required that solvent-cleaning and vapor-degreasing tanks ``with a

vapor area larger than 4 feet\2\ (.38m\2\) . . . have cleanout or

sludge doors located near the bottom of each tank.'' One commenter (Ex.

4-1) criticized the proposed language for using the term ``vapor area''

in a manner that was inconsistent with the definition of the term in

proposed paragraph 1910.122(d). After reviewing the proposed paragraph,

OSHA decided to delete it from the final standard because the Agency

determined that it served no valid safety and health purpose (see the

explanation of this action below in paragraph (j) of Part 4).

Proposed paragraph 1910.125(g)(7) (final paragraph 1910.126(g)(6)),

which specified the fences, rails, or guards required in paint-

detearing operations, received only a single comment (Ex. 4-13). This

commenter recommended that such fences, rails, or guards be installed

according to the ANSI A1264.1-1995 consensus standard. The ANSI

consensus standard, which is more detailed than the final rule's

provision,

[[Page 13903]]

would require construction of a complete guardrail system for this

purpose. OSHA believes that it is appropriate to permit a single rail

when doing so will safely isolate employees from detearing operations.

Accordingly, OSHA has not made the suggested change to the final rule.

Part 3

The following discussion addresses general comments on this plain

language rulemaking.

One commenter (Ex. 4-4) recommended that ``OSHA abandon its attempt

to re-write portions of a 25-year-old standard'' to conform to various

parts of NFPA 34-1995 and instead adopt NFPA 34-1995 in its entirety.

This commenter also encouraged OSHA to include references in the final

rule stating that ``any ventilation system designed, installed, and

operated in accordance with NFPA 34 and NFPA 91 meets the requirements

of [this rule] for fire protection purposes,'' and ``that any dipping/

coating system that meets the requirements of NFPA 34 also meets [the

requirements of this rule].'' In a related matter, this commenter and

another commenter (Ex. 4-13) asked why this rulemaking did not comply

with the National Technology Transfer and Advancement Act of 1996

(NTTAA), which mandates that Federal regulatory agencies ``use

technical standards that are developed or adopted by voluntary

consensus standards bodies. . . .''

In response, OSHA notes that the NTTAA's requirements do not apply

where the Agency determines that use of a consensus standard ``is

inconsistent with applicable law or otherwise impractical . . . .'' (15

U.S.C. 272 note.) In the case of this plain-language rewrite, adopting

the recommended language would result in substantive revisions to the

former standards and would therefore be beyond the scope of this

rulemaking. In addition, the recommended NFPA standards use

specification language, which is inconsistent with OSHA's emphasis on

performance-oriented language in this rulemaking.

Part 4

OSHA has made various technical and editorial corrections to the

regulatory text of the final rule.

In this final rule, OSHA has made the following changes to clarify

the rule's meaning, to make the rule easier to follow, and to correct

errors in the proposed rule. Specifically, OSHA has:

(a) Redesignated the section numbers in the final rule as 29 CFR

1910.122 to 29 CFR 1910.126 instead of 29 CFR 1910.121 to 29 CFR

1910.125. This revision is necessary because OSHA has reserved section

1910.121 for a future rule addressing the accreditation of training

programs for workers involved in hazardous-waste operations and

emergency-response activities.

(b) Removed proposed paragraph 1910.122(c)(2) from the final rule.

The proposed paragraph, which was adopted from former paragraph

1910.94(d)(13)(ii), excepted surface-coating operations covered by 29

CFR 1910.107 from the scope of the standard. OSHA removed this

provision from the final standard because the Agency interpreted the

phrase ``excluding open-tank operations'' in former paragraph

1910.94(d)(13)(ii) to mean that the exception applied only when

surface-coating operations do not involve dip tanks. OSHA believes that

it is unnecessary to specify that the final standard, which regulates

dip-tank operations, does not apply to surface-coating operations that

do not involve dip tanks.

(c) Added two definitions to paragraph 1910.123(d) of the final

rule. The first definition, of the term ``adjacent area,'' clarifies

the use of this term in paragraphs 1910.125(e)(1)(i) and (e)(1)(ii) of

the final rule, and is consistent with the definition of ``adjacent

area'' in paragraph (e)(2) of former section 1910.108. In both

definitions, an adjacent area is defined as distinct from, and

excluding, the vapor area.

The second definition, of the pronoun ``you,'' was added because

the final rule uses the ``you'' form of the question-and-answer plain-

language style, as recommended in Federal plain-language guidance. This

definition makes clear that employers are responsible for implementing

the requirements of the final rule, as mandated by the Occupational

Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(d) Removed the proposed definition of ``safe distance'' from the

final rule to avoid confusion when the term is used in the context of

spark production (see paragraphs 1910.126(g)(3) and (g)(4)(iii) of the

final rule), as opposed to its use in the context of the removal of an

employee from a fire hazard (see paragraph 1910.125(a)(4) of the final

rule). The meaning of the term now is specified separately in

paragraphs 1910.126(a)(4), (g)(3), and (g)(4)(iii) of the final rule.

(e) Restored the requirement in former paragraph 1910.94(d)(9)(vii)

to limit the water pressure in a water hose used for emergency eye

washing and showering to 25 pounds per square inch (1.62 k/cm\2\) or

less; this limit was inadvertently left out of the proposal. OSHA added

this requirement to paragraph 1910.124(g)(2) of the final rule because

the pressure limitation is necessary to prevent possible eye injury

while using the hose.

(f) Removed from the final rule the first sentence in proposed

paragraph 1910.124(j)(1), which required employers to ``inspect

[dipping and coating] equipment and promptly correct any deficiencies .

. . [.]'' This provision is redundant in large part with the

requirement in proposed paragraph 1910.124(j)(1)(ii) ``[T]o inspect all

dipping and coating equipment . . . periodically.'' The periodic

inspection requirement is specified in paragraph 1910.124(j)(3) of the

final rule. The proposed requirement to ``promptly correct any

deficiencies'' was added to final paragraph 1910.124(j)(3) because

paragraph (f)(3) of former section 1910.108 required employers to

promptly correct any defects found during periodic inspections of dip

tanks.

(g) Moved an exception from the requirements to control ignition

sources was from the note to proposed paragraph 1910.125(a) to

paragraph 1910.125(e)(1)(i) of the final rule. OSHA determined that the

exception in the former rule (paragraph 1910.108(e)(1)(i)) actually

applies to electrostatic paint-detearing operations instead of

hardening and tempering tanks. Accordingly, the exception has been

moved to paragraph 1910.125(e)(1)(i) of the final rule, which specifies

controls for electrical sources of ignition.

(h) Restored, in final rule paragraph 1910.126(a)(5), a provision

inadvertently excluded from proposed paragraph 1910.125(a)(5) that

permitted bottom drains in hardening or tempering tanks to be combined

with the oil-circulating system.

(i) Removed from the final rule the note in proposed paragraph

1910.125(d)(2) because the combustion chamber must be air tight (except

for the flue opening) regardless of the solvent used in vapor

degreasing tanks.

(j) Removed proposed paragraph 1910.125(d)(5) from the final rule.

The proposed paragraph required that solvent-cleaning and vapor-

degreasing tanks that have a surface area larger than 4

feet2 (.38 m2) be equipped with ``cleanout or

sludge doors located near the bottom of the tank.'' OSHA determined

that the purpose of this provision, which was adopted from former

paragraph 1910.94(d)(12)(iv), was to provide employers with a

convenient means of cleaning residue from the bottom of the tanks;

therefore,

[[Page 13904]]

the provision served no valid safety and health purpose.

Part 5

Comparing provisions of the former rules and the final rule.

The following tables show the paragraph designations of the former

rules and the corresponding provisions of the final rule. Table I

covers the requirements from former section 1910.94(d), and Table II

lists the provisions from former section 1910.108. Table III contains

the provisions of final sections 1910.123 through 1910.126 and the

sources for each provision in former sections 1910.94(d) and 1910.108.

Table I

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

Former Section 1910.94(d) Final Sections 1910.123 through 1910.126

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

(d) Open surface tanks. (1) General 1910.123(a) and (b).

(i) Application..

(d)(1)(ii) Exhaust system 1910.124(b)(4).

construction.

(d)(2)(i) to (d)(2)(vii) Covered by standards referenced in 1910.124(b)(4).

Classification of open-surface

tank operations.

(d)(3) Ventilation.............. 1910.124(b)(1) and (b)(2).

(d)(4)(i) to (d)(4)(v) Control Covered by standards referenced in 1910.124(b)(4).

requirements.

(d)(5) Spray cleaning and 1910.126(f).

degreasing.

(d)(6) Control means other than 1910.124(b)(3).

ventilation.

(d)(7)(i) and (d)(7)(ii) System 1910.124(b)(4).

design.

(d)(7)(iii) Protect against 1910.124(b)(6).

exhaust system fire.

(d)(7)(iv) Exhaust system meets 1910.124(b)(4).

consensus standards.

(d)(8) Operation (i) Maintain 1910.124(j)(1) and (j)(2).

airflow..

(d)(8)(ii),(iii) Exhaust 1910.124(c) and (d).

discharge; makeup air.

(d)(9) Personal protection. (i) 1910.124(f).

Training.

(d)(9)(ii) Protective shoes..... Deleted, covered by subpart I of 29 CFR 1910.

(d)(9)(iii) Protective gloves... Deleted, covered by subpart I of 29 CFR 1910.

(d)(9)(iv) Protective garments.. Deleted, covered by subpart I of 29 CFR 1910.

(d)(9)(v) Protective goggles.... Deleted, covered by subpart I of 29 CFR 1910.

(d)(9)(vi) Respirators.......... Deleted, covered by subpart I of 29 CFR 1910.

(d)(9)(vii) Emergency showers... 1910.124(g)(2).

(d)(9)(viii) Physician 1910.124(h)(1), (h)(2), and (h)(4).

authorization, examination.

(d)(9)(ix) Washing facilities... 1910.124(g)(3).

(d)(9)(x) Locker space.......... 1910.124(g)(1).

(d)(9)(xi) First aid............ 1910.124(h)(3).

(d)(10) Special precautions for 1910.126(e).

cyanide.

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

and installation. (i) Floors.

(d)(11)(ii) Tank cleaning....... 1910.124(i).

(d)(11)(iii) Test tanks before 1910.124(e).

entering.

(d)(11)(iv) and (d)(11)(v) Covered by section 1910.146.

Entering tank.

(d)(11)(vi) Welding operations.. 1910.124(j)(4) and (j)(5).

(d)(12) Vapor degreasing tanks. 1910.126(d)(1).

(i) Vapor control.

(d)(12)(ii) Keep gas vapors away 1910.126(d)(2) and (d)(3).

from heating units.

(d)(12)(iii) Do not create 1910.126(d)(4).

excessive vapors.

(d)(12)(iv) Solvent-cleaning and Deleted; unnecessary.

vapor-degreasing tanks must

have cleanout or sludge doors.

(d)(13) Scope. (i) Coverage..... 1910.123(a), (b), and (c).

(d)(13)(ii) Molten materials 1910.123(c).

operations defined.

(d)(13)(iii) Surface coating Deleted; unnecessary.

operations defined.

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

Table II

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

Former section 1910.108 Final sections 1910.123 through 1910.126

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

(a) Definitions applicable to this 1910.123(d).

section-(1) Dip tank.

(a)(2) Vapor area............... 1910.123(d).

(a)(3) Approved................. 1910.123(d).

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

(b) Ventilation-(1) Vapor area 1910.124(b)(1), (b)(3), (b)(4), and (b)(5), and 1910.125(d)(2)

ventilation.

(b)(2) Ventilation combined with 1910.125(e)(3).

drying.

(c) Construction of dip tanks. (1) 1910.124(a) and 125(a).

General.

(c)(2) Overflow pipes. (i) Tank 1910.125(b)(1).

capacity.

(c)(2)(ii) Overflow pipe 1910.125(b)(2)(i).

capacity.

(c)(2)(iii) and (c)(2)(iv) 1910.125(b)(2)(ii) and (b)(2)(iii).

Overflow pipe cleaning and

location.

(c)(3)(i) to (c)(3)(iii) Bottom 1910.125(c).

drains.

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

(c)(5) Automatic extinguishing 1910.125(f)(1) and (f)(3).

facilities.

(c)(6) Conveyor systems......... 1910.125(d).

(c)(7) Heating dip tank liquids. 1910.125(g).

(d) Liquids used in dip tanks, 1910.125(e)(2).

storage, and handling.

(e) Electrical and other sources of 1910.125(e)(1).

ignition. (1) Vapor areas. (i) No

open flames, explosion proof

equipment.

(e)(1)(ii) Electrical equipment 1910.125(e)(1)(i).

in vapor areas.

(e)(2) Adjacent areas........... 1910.125(e)(1).

(f) Operations and maintenance. (1) 1910.125(e)(4)(i).

General.

(f)(2) Waste cans............... 1910.125(e)(4)(ii) and (e)(4) (iii).

[[Page 13905]]

(f)(3) Inspection of dip tanks.. 1910.124(j)(1) and (3).

(f)(4) Warning signs............ 1910.125(e)(5).

(g) Extinguishment. (1) 1910.125(f)(2)(i).

Extinguishers.

(g)(2) Automatic water spray 1910.125(f)(2)(ii).

extinguishing systems.

(g)(3) Automatic foam 1910.125(b)(2) and 1910.125(f)(2)(ii).

extinguishing systems.

(g)(4) Automatic carbon dioxide 1910.125(f)(2)(ii).

systems.

(g)(5) Dry chemical 1910.125(f)(2)(ii).

extinguishing systems.

(g)(6) Dip tank covers. (i) 1910.125(f)(3) and (f)(3)(i).

Automatically activated.

(g)(6)(ii) to (g)(6)(iv) 1910.125(f)(3)(ii) and (f)(3)(iii).

Construction and use of covers.

(h) Special dip tank applications. 1910.126(a)(1)(i) and (a)(1)(ii).

(1) Hardening and tempering tanks.

(i) Location.

(h)(1)(ii) Noncombustible hood 1910.126(a)(1)(iii).

and vent.

(h)(1)(iii) Temperature of 1910.126(a)(4).

cooling medium.

(h)(1)(iv) High temperature 1910.126(a)(2) and (a)(3).

limit switch.

(h)(1)(v) Automatic 1910.125(f)(1)(ii) and (f)(2)(ii).

extinguishing facilities.

(h)(1)(vi) No pressurized air... 1910.126(a)(6).

(h)(1)(vii) Bottom drain........ 1910.125(c)(3), and 1910.126(a)(4) and (a)(5).

(h)(2) Flow coat; general. (i) 1910.126 (introductory paragraph).

All preceding standards apply.

(h)(2)(ii) Strong and rigid 1910.126(b)(2).

piping.

(h)(2)(iii) Paint pumped at low 1910.126(b)(1).

pressure.

(h)(2)(iv) Area of dip tank..... Covered by section 1910.123(d) (definition of ``dip tank'').

(h)(3) Electrostatic apparatus.. 1910.126(g).

(h)(4) Roll coating............. 1910.126 (introductory paragraph) and 1910.126(c).

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

Table III

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

Final sections 1910.123 through

1910.126 (final section 1910.122

contains a table of contents for Former sections 1910.94(d) and 1910.108 (or applicable NFPA standards)

final sections 1910.123 through

1910.126)

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

1910.123 Dipping and coating

operations: Coverage and

definitions:

(a) Does this standard apply to

me?

(a)(1) Using a liquid in a 1910.94(d)(1)(i) and (d)(13)(i).

dip tank.

(a)(2) Draining or drying an 1910.94(d)(13)(i).

object.

(b) What operations are covered? 1910.94(d)(13)(i).

(c) What operations are not 1910.94(d)(13)(i) and (d)(13)(ii).

covered? Operations using

molten material.

(d)How are terms used in 1910.108(a).

sections 1910.123 through

1910.126 defined?

``Adjacent area''........... 1910.108(e)(2).

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

``Autoignition temperature'' NFPA 325-1994.

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

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

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

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

``Lower flammable limit NFPA 325-1994.

(LEL)''.

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

``You''

1910.124 General requirements for

dipping and coating operations:

(a) What construction 1910.108(c)(1).

requirements apply to dip

tanks?

(b) What ventilation

requirements apply to vapor

areas?

(b)(1) Keep airborne 1910.94(d)(3) and 1910.108(b)(1)

concentrations below 25% of

the LFL.

(b)(2) Meet the levels 1910.94(d)(3).

specified in part 1910,

subpart Z..

(b)(3) Use of tank covers or 1910.94(d)(6).

floating materials.

(b)(4) Mechanical 1910.94(d)(1)(ii), (d)(2), (d)(4), and (d)(7)(i) to (d)(7)(iv); and

ventilation requirements. 1910.108(b)(1).

(b)(5) Airflow requirements 1910.108(b)(1).

for mechanical ventilation.

(b)(6) Requirements for an 1910.94(d)(7)(iii).

independent exhaust system.

(c) What requirements must I

follow to recirculate exhaust

air into the workplace?

(c)(1) Meet the requirements 1910.94(d)(3) and (d)(8)(ii), and NFPA 34-1995.

of paragraph (b) of this

section.

(c)(2) Other requirements NFPA 34-1995.

for recirculated exhaust

air.

(c)(3) Requirements for an NFPA 34-1995.

alarm.

(d) What must I do when I use an

exhaust hood?

(d)(1) Volume requirements.. 1910.94(d)(8)(iii).

(d)(2) Prevent damage to 1910.94(d)(8)(iii).

exhaust hoods.

(e) What requirements must I 1910.94(d)(11)(iii) to (d)(11)(v).

follow when an employee enters

a dip tank?.

(f) What first-aid procedures 1910.94(d)(9)(i).

must my employees know?

(g) What hygiene facilities must

I provide?

(g)(1) Storage space........ 1910.94(d)(9)(x).

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

eye-wash station.

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

(h) What treatment and first aid

must I provide?

(h)(1) For sores, burns, or 1910.94(d)(9)(viii).

other skin lesions.

[[Page 13906]]

(h)(2) For small skin 1910.94(d)(9)(viii).

abrasions, cuts, rashes, or

open sores.

(h)(3) First-aid supplies... 1910.94(d)(9)(xi).

(h)(4) Periodic examinations 1910.94(d)(9)(viii).

for employees exposed to

chromic acid.

(i) What must I do before an

employee cleans a dip tank?

(i)(1) Drain the dip tank 1910.94(d)(11)(ii).

and open cleanout doors.

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

pockets.

(j) What must I do to inspect

and maintain my dipping or

coating operation?

(j)(1) Inspect ventilation 1910.94(d)(8)(i) and 1910.108(f)(3).

hoods and ductwork.

(j)(2) Ensure an adequate 1910.94(d)(8)(i).

airflow.

(j)(3) Periodically inspect 1910.108(f)(3).

dipping and coating

equipment.

(j)(4) Protect employees 1910.94(d)(11)(vi).

from toxic exposures during

welding, burning, or open-

flame work.

(j)(5) Remove solvents and 1910.94(d)(11)(vi).

vapors before welding,

burning, or open-flame work.

1910.125 Additional requirements for

dipping and coating operations that

use flammable or combustible

liquids:

(a) What type of 1910.108(c)(1).

construction material must

be used in making my dip

tank?

(b) When must I provide overflow

piping?

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

are required.

(b)(2) Overflow pipe 1910.108(c)(2)(ii), (c)(2)(iii), and (c)(2)(iv).

requirements.

(c) When must I provide a bottom

drain?

(c)(1) For dip tanks over 1910.108(c)(3)(i); NFPA 34.

500 gallons (1893 L), with

specified exceptions.

(c)(2) Bottom drain 1910.108(c)(3)(ii); NFPA 34.

requirements.

(c)(3) Manual and automatic 1910.108(c)(3)(i).

operation.

(c)(4) Use of automatic 1910.108(c)(3)(i).

pumps.

(d) When must my conveyor

systems shut down

automatically?

(d)(1) When there is a fire. 1910.108(c)(6).

(d)(2) When the ventilation 1910.108(b)(1) and (c)(6).

rate drops.

(e) What ignition and fuel

sources must be controlled?

(e)(1) Ignition sources in 1910.108(e)(1) and (e)(2).

the vapor area and any

adjacent area.

(e)(2) Electrical bonding 1910.108(d).

and grounding of portable

containers.

(e)(3) Ignition from a 1910.108(b)(2).

heating system.

(e)(4) Ignition from 1910.108(f)(1) and (f)(2).

combustible debris and

stock, rags and other

contaminated material, and

the content of waste cans.

(e)(5) Prohibit smoking in a 1910.108(f)(4).

vapor area.

(f) What fire protection must I

provide?

(f)(1) Tanks covered by 1910.108(c)(5) and (h)(1)(v).

these requirements.

(f)(2) Types of fire- 1910.108(c)(5) and (g)(1) to (g)(5).

extinguishing equipment

required (manual and

automatic).

(f)(3) Requirements for fire- 1910.108(g)(6).

extinguishing covers.

(g) To what temperature may I

heat a liquid in a dip tank?

(g)(1) Below the liquid's NFPA 34-1995.

boiling point.

(g)(2) At least 100 deg. F NFPA 34-1995.

(37.8 deg. C) below the

liquid's autoignition

temperature.

1910.126 Additional requirements for

special dipping and coating

operations:

(a) What additional requirements

apply to hardening or tempering

tanks?

(a)(1) Location, flooring, 1910.108(h)(1)(i) and (h)(1)(ii).

and venting requirements.

(a)(2) Alarm requirements... 1910.108(h)(1)(iv).

(a)(3) Limit switch to shut 1910.108(h)(1)(iv).

down the conveyor.

(a)(4) Circulating cooling 1910.108(h)(1)(iii).

system.

(a)(5) Bottom drains 1910.108(h)(1)(vii).

combined with oil-

circulating system.

(a)(6) Prohibit use of 1910.108(h)(1)(vi).

pressurized air to fill or

agitate.

(b) What additional requirements

apply to flow coating?

(b)(1) Use of direct low- 1910.108(h)(2)(iii).

pressure pumping systems or

gravity tanks to supply

paint.

(b)(2) Piping requirements.. 1910.108(h)(2)(ii).

(c) What additional requirements

apply to roll coating, roll

spreading, or roll

impregnating?

(c)(1) Requirements for 1910.108(h)(4)(ii).

bonding and grounding

metallic parts and

installing static

collectors.

(c)(2) Requirement to 1910.108(h)(4)(ii).

maintain a conductive

atmosphere.

(d) What additional requirements

apply to vapor degreasing

tanks?

(d)(1) Maintain the vapor 1910.94(d)(12)(i).

level below the top of the

tank.

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

from entering the air-fuel

mixture.

(d)(3) Requirements for 1910.94(d)(12)(ii).

flues and draft diverters.

(d)(4) Temperature limit for 1910.94(d)(12)(iii).

the heating element.

(e) What additional requirements 1910.94(d)(10).

apply to cyanide tanks?.

(f) What additional requirements

apply to spray cleaning tanks

and degreasing tanks?

(f)(1) Enclose spray 1910.94(d)(5).

operations.

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

ventilation required.

(g) What additional requirements

apply to electrostatic paint

detearing?

(g)(1) Approved 1910.108(h)(3)(ii), (h)(3)(iv), and (h)(3)(xi).

electrostatic equipment

including electrodes.

[[Page 13907]]

(g)(2) Use of conveyors to 1910.108(h)(3)(vii).

support goods being paint-

deteared.

(g)(3) No manual handling of 1910.108(h)(3)(viii).

goods being paint-deteared.

(g)(4) Requirement to 1910.108(h)(3)(vi).

maintain the safe distance.

(g)(5) Automatic controls 1910.108(h)(3)(ix).

required.

(g)(6) Fences, rails, or 1910.108(h)(3)(x).

guards required.

(g)(7) Requirements for fire 1910.108(h)(3)(xiii).

protection.

(g)(8) Collecting paint 1910.108(h)(3)(xiv).

deposits.

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

IV. Legal Considerations

Because the final rule is only a plain language redrafting of two

former Agency rules, it is not necessary to determine significant risk

or the extent to which the final rule reduces 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 a 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 final rule that replaces the Agency's former

rules regulating dipping and coating operations does not directly

increase or decrease the protection afforded to employees, nor does it

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 final rule because

employers and employees who clearly understand what a rule requires are

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

rule is more performance-oriented than the former rules regulating

dipping and coating operations, employers will find it easier to comply

with the final rule.

V. Economic Analysis

The final rule is not a significant rule under Executive Order

12866 or a major rule under the Unfunded Mandates Reform Act or Section

801 of the Small Business Regulatory Enforcement Fairness Act (SBREFA)

because it imposes no additional costs on any private or public sector

entity and does not meet any of the other criteria for a significant or

major rule specified by the Executive Order or the other statutes.

Because the final rule does not impose any additional costs on

employers whose operations involve dipping and coating, no economic or

regulatory flexibility analysis of the final rule 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

final rule to determine if it will have a significant economic impact

on a substantial number of small entities. As indicated in section V of

this preamble, the final rule does 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 final rule does not have a significant economic impact on a

substantial number of small entities.

VII. Environmental Impact Assessment

OSHA has reviewed the final rule in accordance with the

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

(42 U.S.C. 4321 3et 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 final rule imposes the same requirements on employers as

the standards it replaces; consequently, the final rule has 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 former standards

regulating dipping and coating operations.

VIII. Paperwork Reduction Act

This final rule contains a collection of information requirement.

Under 1910.126(g)(4), employers are required 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 provision imposes 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 in use today. Newer

technology appears to have eliminated the need to manufacture or use

electrostatic paint detearing equipment. OSHA solicited public comments

on this information collection requirement. There were no comments

submitted in response to the collection of information associated with

this provision.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

3501-3520), OSHA requested OMB approval of the collection of

information requirement described above. On June 1, 1998, the Office of

Management and Budget (OMB) granted approval of the information

requirement under OMB Control Number 1218-0237. The approval expires on

June 30, 2001.

Under 5 CFR 1320.5(b), an Agency may not conduct or sponsor, and a

person is not required to respond to, a collection of information

unless the collection displays a valid control number.

IX. Unfunded Mandates

OSHA has reviewed the final rule 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 determined that the final rule imposes no

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

scope and content of the final rule remain the same as those of the

former standards regulating dipping and coating operations and have not

been expanded to include additional employers. Consequently, compliance

with the final rule requires no additional expenditures by either

public or private employers. In sum, the final rule does not mandate

that State, local, and tribal governments adopt new, unfunded

regulatory obligations.

X. Federalism

The final rule which revises the former standards regulating

dipping and coating operations has been reviewed for Federalism issues,

and the Agency

[[Page 13908]]

certifies that the final rule has 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 before 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 Occupational

Safety and Health Act of 1970 (the ``Act'') (29 U.S.C. 667), OSHA finds

that the final rule conforms 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 final rule does not expand this limitation.

Regarding States that have OSHA-approved occupational safety and

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

complies with Executive Order 12612 because the final rule addresses 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 OSHA's final

rule, or develop an alternative rule that is at least as effective as

OSHA's final rule. Having already adopted OSHA's former standards

regulating dipping and coating operations (or having developed

alternative standards acceptable to OSHA), State-plan States are not

obligated to adopt the final rule; they may, however, choose to adopt

the final rule, 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 standards

regulating dipping and coating operations according to the final rule

that resulted 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 Part 1910

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

Flammable liquid; Incorporation by reference; 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, N.W.,

Washington, DC 20210. The final rule is 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, D.C., this 15th day of March, 1999.

Charles N. Jeffress,

Assistant Secretary of Labor.

OSHA amends 29 CFR part 1910 as follows:

PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS

Subpart A--General

1. The Authority citation for subpart A of part 1910 is revised to

read as follows:

Authority: Sections 4, 6, and 8 of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 653, 655, 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.

Sections 1910.6, 1910.7, and 1910.8 also issued under 29 CFR part

1911.

Sec. 1910.6 [Amended]

1. Paragraph (b)(1) of Sec. 1910.6 is revised to read as follows:

Sec. 1910.6 Incorporation by reference.

* * * * *

(b) * * *

(1) ``Industrial Ventilation: A Manual of Recommended Practice''

(22nd ed., 1995), incorporation by reference (IBR) approved for

Sec. 1910.124(b)(4)(iii).

* * * * *

2. Paragraph (e)(50) of Sec. 1910.6 is revised to read as follows:

* * * * *

(e) * * *

(50) ANSI Z9.1-71 Practices for Ventilation and Operation of Open-

Surface Tanks, IBR approved for Sec. 1910.124(b)(4)(iv).

* * * * *

3. Paragraphs (e)(51) through (e)(70) of Sec. 1910.6 are

redesignated as paragraphs (e)(53) through (e)(72), respectively, and

new paragraphs (e)(51) and (e)(52) are added to read as follows:

* * * * *

(e) * * *

(51) ANSI Z9.2-60 Fundamentals Governing the Design and Operation

of Local Exhaust Systems, IBR approved for Secs. 1910.94(a)(4)(i)

introductory text, (a)(6) introductory text, (b)(3)(ix), (b)(4)(i) and

(ii), (c)(3)(i) introductory text, (c)(5)(iii)(b), and (c)(7)(iv)(a);

1910.261(a)(3)(xx), (g)(1)(i) and (iii), and (h)(2)(ii).

(52) ANSI Z9.2-79 Fundamentals Governing the Design and Operation

of Local Exhaust Systems, IBR approved for Sec. 1910.124(b)(4)(i).

* * * * *

4. Paragraph (q) introductory text of Sec. 1910.6 is revised to

read as follows:

* * * * *

(q) The following material is available for purchase from the

National Fire Protection Association (NFPA), 11 Tracy Drive, Avon, MA

02322:

5. Paragraph (q)(4) of Sec. 1910.6 is revised to read as follows:

* * * * *

(q) * * *

(4) NFPA 34-1966 Standard for Dip Tanks Containing Flammable or

Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(iv).

* * * * *

6. Paragraphs (q)(5) through (q)(32) of Sec. 1910.6 are

redesignated as paragraphs (q)(6) through (q)(33), respectively, and a

new paragraph (q)(5) is added to read as follows:

* * * * *

(q) * * *

(5) NFPA 34-1995 Standard for Dip Tanks Containing Flammable or

Combustible Liquids, IBR approved for Sec. 1910.124(b)(4)(ii).

* * * * *

Subpart G--Occupational Health and Environmental Control

1. The Authority citation for subpart G of part 1910 is revised to

read as follows:

[[Page 13909]]

Authority: 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

Orders 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 is removed.

Subpart H--Hazardous Materials

1. The Authority citation for subpart H of 29 CFR part 1910 is

revised to read as follows:

Authority: Sections 4, 6, and 8 of the Occupational Safety and

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

Orders 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 11.

Sections 1910.103, 1910.106 through 1910.111, and 1910.119,

1910.120, and 1910.122 through 1910.126 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 is removed and reserved.

Sec. 1910.121 [Reserved]

3. Section 1910.121 is added and reserved.

4. New Secs. 1910.122 through 1910.126 are added to read as

follows:

DIPPING AND COATING OPERATIONS

Sec. 1910.122 Table of contents.

This section lists the paragraph headings contained in

Secs. 1910.123 through 1910.126.

Sec. 1910.123 Dipping and coating operations: Coverage and

definitions.

(a) Does this rule apply to me?

(b) What operations are covered?

(c) What operations are not covered?

(d) How are terms used in Secs. 1910.123 through 1910.126 defined?

Sec. 1910.124 General requirements for dipping and coating operations.

(a) What construction requirements apply to dip tanks?

(b) What ventilation requirements apply to vapor areas?

(c) What requirements must I follow to recirculate exhaust air into

the workplace?

(d) What must I do when I use an exhaust hood?

(e) What requirements must I follow when an employee enters a dip

tank?

(f) What first-aid procedures must my employees know?

(g) What hygiene facilities must I provide?

(h) What treatment and first aid must I provide?

(i) What must I do before an employee cleans a dip tank?

(j) What must I do to inspect and maintain my dipping or coating

operation?

Sec. 1910.125 Additional requirements for dipping and coating

operations that use flammable or combustible liquids.

(a) What type of construction material must be used in making my dip

tank?

(b) When must I provide overflow piping?

(c) When must I provide a bottom drain?

(d) When must my conveyer system shut down automatically?

(e) What ignition and fuel sources must be controlled?

(f) What fire protection must I provide?

(g) To what temperature may I heat a liquid in a dip tank?

Sec. 1910.126 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?

(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 tanks and

spray degreasing tanks?

(g) What additional requirements apply to electrostatic paint

detearing?

Sec. 1910.123 Dipping and coating operations: Coverage and

definitions.

(a) Does this rule apply to me? (1) This rule (Secs. 1910.123

through 1910.126) applies when you use a dip tank containing a liquid

other than water. It applies when you use the liquid in the tank or its

vapor to:

(i) Clean an object;

(ii) Coat an object;

(iii) Alter the surface of an object; or

(iv) Change the character of an object.

(2) This rule also applies to the draining or drying of an object

you have dipped or coated.

(b) What operations are covered? Examples of covered operations are

paint dipping, electroplating, pickling, quenching, tanning,

degreasing, stripping, cleaning, roll coating, flow coating, and

curtain coating.

(c) What operations are not covered? You are not covered by this

rule if your dip-tank operation only uses a molten material (a molten

metal, alloy, or salt, for example).

(d) How are terms used in Secs. 1910.123 through 1910.126 defined?

Adjacent area means any area within 20 feet (6.1 m) of a vapor area

that is not separated from the vapor area by tight partitions.

Approved means that the equipment so designated 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 any other source of

heat.

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

F (37.8 deg. C) or above.

Dip tank means a container holding a liquid other than water and

that is used for dipping or coating. An object may be immersed (or

partially immersed) in a dip tank or it may be suspended in a vapor

coming from the 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 if tested in

accordance with the definition of ``flashpoint'' in Sec. 1910.1200(c).

Lower flammable limit (LFL) means the lowest concentration of a

material that will propagate a flame. The LFL is usually expressed as a

percent by volume of the material in air (or other oxidant).

Vapor area means any space containing a dip tank, including its

drain boards, associated drying or conveying equipment, and any

surrounding area where the vapor concentration exceeds 25% of the LFL

of the liquid in the tank.

You means the employer, as defined by the Occupational Safety and

Health Act of 1970 (29 U.S.C. 651 et seq.).

Sec. 1910.124 General requirements for dipping and coating operations.

(a) What construction requirements apply to dip tanks? Any

container that you use as a dip tank must be strong enough to withstand

any expected load.

(b) What ventilation requirements apply to vapor areas? (1) The

ventilation that you provide to a vapor area must keep the airborne

concentration of any substance below 25% of its LFL.

(2) When a liquid in a dip tank creates an exposure hazard covered

by a standard listed in subpart Z of this part, you must control worker

exposure as required by that standard.

(3) You may use a tank cover or material that floats on the surface

of the liquid in a dip tank to replace or supplement ventilation. The

method or combination of methods you choose must maintain the airborne

[[Page 13910]]

concentration of the hazardous material and the worker's exposure

within the limits specified in paragraphs (b)(1) and (b)(2) of this

section.

(4) When you use mechanical ventilation, it must conform to the

following standards that are incorporated by reference as specified in

Sec. 1910.6:

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

of Local Exhaust Systems;

(ii) NFPA 34-1995, Standard for Dip Tanks Containing Flammable or

Combustible Liquids;

(iii) ACGIH's ``Industrial Ventilation: A Manual of Recommended

Practice'' (22nd ed., 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.

(5) When you use mechanical ventilation, it must draw the flow of

air into a hood or exhaust duct.

(6) When you use mechanical ventilation, each dip tank must have an

independent exhaust system unless the combination of substances being

removed will not cause a:

(i) Fire;

(ii) Explosion; or

(iii) Chemical reaction.

(c) What requirements must I follow to recirculate exhaust air into

the workplace? (1) You may not recirculate exhaust air when any

substance in that air poses a health hazard to employees or exceeds 25%

of its LFL.

(2) You must ensure that any exhaust air recirculated from a

dipping or coating operation using flammable or combustible liquids is:

(i) Free of any solid particulate that poses a health or safety

hazard for employees; and

(ii) Monitored by approved equipment.

(3) You must have a system that sounds an alarm and automatically

shuts down the operation when the vapor concentration for any substance

in the exhaust airstream exceeds 25% of its LFL.

(d) What must I do when I use an exhaust hood? You must:

(1) Provide each room having exhaust hoods with a volume of outside

air that is at least 90 percent of the volume of the exhaust air; and

(2) Ensure that the outside air supply does not damage exhaust

hoods.

(e) What requirements must I follow when an employee enters a dip

tank? When an employee enters a dip tank, you must meet the entry

requirements of Sec. 1910.146, OSHA's standard for Permit-Required

Confined Spaces, as applicable.

(f) What first-aid procedures must my employees know? Your

employees must know the first-aid procedures that are appropriate to

the dipping or coating hazards to which they are exposed.

(g) What hygiene facilities must I provide? When your employees

work with liquids that may burn, irritate, or otherwise harm their

skin, you must provide:

(1) Locker space or other storage space to prevent contamination of

the employee's street clothes;

(2) An emergency shower and eye-wash station close to the dipping

or coating operation. In place of this equipment, you may use a water

hose that is at least 4 feet (1.22 m) long and at least \3/4\ of an

inch (18 mm) thick with a quick-opening valve and carrying a pressure

of 25 pounds per square inch (1.62 k/cm2) or less; and

(3) At least one basin with a hot-water faucet for every 10

employees who work with such liquids. (See paragraph (d) of

Sec. 1910.141.)

(h) What treatment and first aid must I provide? When your

employees work with liquids that may burn, irritate, or otherwise harm

their skin, you must provide:

(1) A physician's approval before an employee with a sore, burn, or

other skin lesion that requires medical treatment works in a vapor

area;

(2) Treatment by a properly designated person of any small skin

abrasion, cut, rash, or open sore;

(3) Appropriate first-aid supplies that are located near the

dipping or coating operation; and

(4) For employees who work with chromic acid, periodic examinations

of their exposed body parts, especially their nostrils.

(i) What must I do before an employee cleans a dip tank? Before

permitting an employee to clean the interior of a dip tank, you must:

(1) Drain the contents of the tank and open the cleanout doors; and

(2) Ventilate and clear any pockets where hazardous vapors may have

accumulated.

(j) What must I do to inspect and maintain my dipping or coating

operation? You must:

(1) Inspect the hoods and ductwork of the ventilation system for

corrosion or damage:

(i) At least quarterly during operation; and

(ii) Prior to operation after a prolonged shutdown.

(2) Ensure that the airflow is adequate:

(i) At least quarterly during operation; and (

ii) Prior to operation after a prolonged shutdown.

(3) Periodically inspect all dipping and coating equipment,

including covers, drains, overflow piping, and electrical and fire-

extinguishing systems, and promptly correct any deficiencies;

(4) Provide mechanical ventilation or respirators (selected and

used as specified in Sec. 1910.134, OSHA's Respiratory Protection

standard) to protect employees in the vapor area from exposure to toxic

substances released during welding, burning, or open-flame work; and

(5) Have dip tanks thoroughly cleaned of solvents and vapors before

permitting welding, burning, or open-flame work on them.

Sec. 1910.125 Additional requirements for dipping and coating

operations that use flammable or combustible liquids.

If you use flammable or combustible liquids, you must comply with

the requirements of this section as well as the requirements of

sections 1910.123, 1910.124, and 1910.126, as applicable.

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

You must comply with this section

if: And:

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

The flashpoint of the The liquid is heated as part of the operation; or

flammable or combustible liquid is

200 deg. F (93.3 deg. C) or above.

A heated object is placed in the liquid.

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

(a) What type of construction material must be used in making my

dip tank? Your dip tank must be made of noncombustible material.

(b) When must I provide overflow piping? (1) You must provide

properly trapped overflow piping that discharges to a safe location for

any dip tank having:

(i) A capacity greater than 150 gallons (568 L); or

(ii) A liquid surface area greater than 10 feet \2\ (0.95

m2).

(2) You must also ensure that:

[[Page 13911]]

(i) Any overflow piping is at least 3 inches (7.6 cm) in diameter

and has sufficient capacity to prevent the dip tank from overflowing;

(ii) Piping connections on drains and overflow pipes allow ready

access to the interior of the pipe for inspection and cleaning; and

(iii) The bottom of the overflow connection is at least 6 inches

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

(c) When must I provide a bottom drain? (1) You must provide a

bottom drain for dip tanks that contain more than 500 gallons (1893 L)

of liquid, unless:

(i) The dip tank is equipped with an automatic closing cover

meeting the requirements of paragraph (f)(3) of this section; or

(ii) The viscosity of the liquid at normal atmospheric temperature

does not allow the liquid to flow or be pumped easily.

(2) You must ensure that the bottom drain required by this section:

(i) Will empty the dip tank during a fire;

(ii) Is properly trapped;

(iii) Has pipes that permit the dip tank's contents to be removed

within five minutes after a fire begins; and

(iv) Discharges to a safe location.

(3) Any bottom drain you provide must be capable of manual and

automatic operation, and manual operation must be from a safe and

accessible location.

(4) You must ensure that automatic pumps are used when gravity flow

from the bottom drain is impractical.

(d) When must my conveyor system shut down automatically? If your

conveyor system is used with a dip tank, the system must shut down

automatically:

(1) If there is a fire; or

(2) If the ventilation rate drops below what is required by

paragraph (b) of Sec. 1910.124.

(e) What ignition and fuel sources must be controlled? (1) In each

vapor area and any adjacent area, you must ensure that:

(i) All electrical wiring and equipment conform to the applicable

hazardous (classified)-area requirements of subpart S of this part

(except as specifically permitted in paragraph (g) of Sec. 1910.126);

and

(ii) There are no flames, spark-producing devices, or other

surfaces that are hot enough to ignite vapors.

(2) You must ensure that any portable container used to add liquid

to the tank is electrically bonded to the dip tank and positively

grounded to prevent static electrical sparks or arcs.

(3) You must ensure that a heating system that is used in a drying

operation and could cause ignition:

(i) Is installed in accordance with NFPA 86A-1969, Standard for

Ovens and Furnaces (which is incorporated by reference in Sec. 1910.6

of this part);

(ii) Has adequate mechanical ventilation that operates before and

during the drying operation; and

(iii) Shuts down automatically if any ventilating fan fails to

maintain adequate ventilation.

(4) You also must ensure that:

(i) All vapor areas are free of combustible debris and as free as

practicable of combustible stock;

(ii) Rags and other material contaminated with liquids from dipping

or coating operations are placed in approved waste cans immediately

after use; and

(iii) Waste can contents are properly disposed of at the end of

each shift.

(5) You must prohibit smoking in a vapor area and must post a

readily visible ``No Smoking'' sign near each dip tank.

(f) What fire protection must I provide? (1) You must provide the

fire protection required by this paragraph (f) for:

(i) Any dip tank having a capacity of at least 150 gallons (568 L)

or a liquid surface area of at least 4 feet 2 (0.38 m

1); and

(ii) Any hardening or tempering tank having a capacity of at least

500 gallons (1893 L) or a liquid surface area of at least 25 feet

2 (2.37 m 2).

(2) For every vapor area, you must provide:

(i) Manual fire extinguishers that are suitable for flammable and

combustible liquid fires and that conform to the requirements of

Sec. 1910.157; and

(ii) An automatic fire-extinguishing system that conforms to the

requirements of subpart L of this part.

(3) You may substitute a cover that is closed by an approved

automatic device for the automatic fire-extinguishing system if the

cover:

(i) Can also be activated manually;

(ii) Is noncombustible or tin-clad, with the enclosing metal

applied with locked joints; and

(iii) Is kept closed when the dip tank is not in use.

(g) To what temperature may I heat a liquid in a dip tank? You must

maintain the temperature of the liquid in a dip tank:

(1) Below the liquid's boiling point; and

(2) At least 100 deg. F (37.8 deg. C) below the liquid's

autoignition temperature.

Sec. 1910.126 Additional requirements for special dipping and coating

operations.

In addition to the requirements in Secs. 1910.123 through 1910.125,

you must comply with any requirement in this section that applies to

your operation.

(a) What additional requirements apply to hardening or tempering

tanks?

(1) You must ensure that hardening or tempering tanks:

(i) Are located as far as practicable from furnaces;

(ii) Are on noncombustible flooring; and

(iii) Have noncombustible hoods and vents (or equivalent devices)

for venting to the outside. For this purpose, vent ducts must be

treated as flues and kept away from combustible materials, particularly

roofs.

(2) You must equip each tank with an alarm that will sound if the

temperature of the liquid comes within 50 deg. F (10 deg. C) of its

flashpoint (the alarm set point).

(3) When practicable, you must also provide each tank with a limit

switch to shut down the conveyor supplying work to the tank.

(4) If the temperature of the liquid can exceed the alarm set

point, you must equip the tank with a circulating cooling system.

(5) If the tank has a bottom drain, the bottom drain may be

combined with the oil-circulating system.

(6) You must not use air under pressure when you fill the dip tank

or agitate the liquid in the dip tank.

(b) What additional requirements apply to flow coating? (1) You

must use a direct low-pressure pumping system or a 10-gallon (38 L) or

smaller gravity tank to supply the paint for flow coating. In case of

fire, an approved heat-actuated device must shut down the pumping

system.

(2) You must ensure that the piping is substantial and rigidly

supported.

(c) What additional requirements apply to roll coating, roll

spreading, or roll impregnating?

When these operations use a flammable or combustible liquid that

has a flashpoint below 140 deg. F (60 deg. C), you must prevent

sparking of static electricity by:

(1) Bonding and grounding all metallic parts (including rotating

parts) and installing static collectors; or

(2) Maintaining a conductive atmosphere (for example, one with a

high relative humidity) in the vapor area.

(d) What additional requirements apply to vapor degreasing tanks?

(1) You must ensure that the condenser or vapor-level thermostat keeps

the vapor level at least 36 inches (91 cm) or one-half the tank width,

whichever is less,

[[Page 13912]]

below the top of the vapor degreasing tank.

(2) When you use gas as a fuel to heat the tank liquid, you must

prevent solvent vapors from entering the air-fuel mixture. To do this,

you must make the combustion chamber airtight (except for the flue

opening).

(3) The flue must be made of corrosion-resistant material, and it

must extend to the outside. You must install a draft diverter if

mechanical exhaust is used on the flue.

(4) You must not allow the temperature of the heating element to

cause a solvent or mixture to decompose or to generate an excessive

amount of vapor.

(e) What additional requirements apply to cyanide tanks? You must

ensure that cyanide tanks have a dike or other safeguard to prevent

cyanide from mixing with an acid if a dip tank fails.

(f) What additional requirements apply to spray cleaning tanks and

spray degreasing tanks? If you spray a liquid in the air over an open-

surface cleaning or degreasing tank, you must control the spraying to

the extent feasible by:

(1) Enclosing the spraying operation; and

(2) Using mechanical ventilation to provide enough inward air

velocity to prevent the spray from leaving the vapor area.

(g) What additional requirements apply to electrostatic paint

detearing? (1) You must use only approved electrostatic equipment in

paint-detearing operations. Electrodes in such equipment must be

substantial, rigidly supported, permanently located, and effectively

insulated from ground by nonporous, noncombustible, clean, dry

insulators.

(2) You must use conveyors to support any goods being paint

deteared.

(3) You must ensure that goods being electrostatically deteared are

not manually handled.

(4) Between goods being electrostatically deteared and the

electrodes or conductors of the electrostatic equipment, you must

maintain a minimum distance of twice the sparking distance. This

minimum distance must be displayed conspicuously on a sign located near

the equipment.

(5) You must ensure that the electrostatic equipment has automatic

controls that immediately disconnect the power supply to the high-

voltage transformer and signal the operator if:

(i) Ventilation or the conveyors fail to operate;

(ii) A ground (or imminent ground) occurs anywhere in the high-

voltage system; or

(iii) Goods being electrostatically deteared come within twice the

sparking distance of the electrodes or conductors of the equipment.

(6) You must use fences, rails, or guards, made of conducting

material and adequately grounded, to separate paint-detearing

operations from storage areas and from personnel.

(7) To protect paint-detearing operations from fire, you must have

in place:

(i) Automatic sprinklers; or

(ii) An automatic fire-extinguishing system conforming to the

requirements of subpart L of this part.

(8) To collect paint deposits, you must:

(i) Provide drip plates and screens; and

(ii) Clean these plates and screens in a safe location.

[FR Doc. 99-6824 Filed 3-22-99; 8:45 am]

BILLING CODE 4510-26-P