30 C.F.R. Subpart C—Hazard Determination


Title 30 - Mineral Resources


Title 30: Mineral Resources
PART 47—HAZARD COMMUNICATION (HazCom)

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Subpart C—Hazard Determination

§ 47.21   Identifying hazardous chemicals.

The operator must evaluate each chemical brought on mine property and each chemical produced on mine property to determine if it is hazardous as specified in Table 47.21 as follows:

               Table 47.21_Identifying Hazardous Chemicals------------------------------------------------------------------------                                     Basis for determining if a chemical             Category                           is hazardous------------------------------------------------------------------------(a) Chemical brought to the mine..  The chemical is hazardous when its                                     MSDS or container label indicates                                     it is a physical or health hazard;                                     or the operator may choose to                                     evaluate the chemical using the                                     criteria in paragraphs (b) and (c)                                     of this table.(b) Chemical produced at the mine.  The chemical is hazardous if any one                                     of the following that it is a                                     hazard:                                    (1) Available evidence concerning                                     its physical or health hazards.                                    (2) MSHA standards in 30 CFR chapter                                     I.                                    (3) Occupational Safety and Health                                     Administration (OSHA), 29 CFR part                                     1910, subpart Z, Toxic and                                     Hazardous Substances.                                    (4) American Conference of                                     Governmental Industrial Hygienists                                     (ACGIH), Threshold Limit Values and                                     Biological Exposure Indices (2001).                                    (5) U.S. Department of Health and                                     Human Services, National Toxicology                                     Program (NTP), Ninth Annual Report                                     on Carcinogens, January 2001.                                    (6) International Agency for                                     Research on Cancer (IARC),                                     Monographs and related supplements,                                     Volumes 1 through 77.(c) Mixture produced at the mine..  (1) If a mixture has been tested as                                     a whole to determine its hazards,                                     use the results of that testing.                                    (2) If a mixture has not been tested                                     as a whole to determine its                                     hazards_                                    (i) Use available, scientifically                                     valid evidence to determine its                                     physical hazard potential;                                    (ii) Assume that it presents the                                     same health hazard as a non-                                     carcinogenic component that makes                                     up 1% or more (by weight or volume)                                     of the mixture; and                                    (iii) Assume that it presents a                                     carcinogenic health hazard if a                                     component considered carcinogenic                                     by NTP or IARC makes up 0.1% or                                     more (by weight or volume) of the                                     mixture.                                    (3) If evidence indicates that a                                     component could be released from a                                     mixture in a concentration that                                     could present a health risk to                                     miners, assume that the mixture                                     presents the same hazard.------------------------------------------------------------------------

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