| Category |
Basis for determining if a chemical 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: |
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(1) Available evidence concerning its physical or health hazards. |
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(2) MSHA standards in 30 CFR chapter I. |
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(3) Occupational Safety and Health Administration (OSHA), 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances. |
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(4) American Conference of Governmental Industrial Hygienists (ACGIH), Threshold Limit Values and Biological Exposure Indices (2001). |
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(5) U.S. Department of Health and Human Services, National Toxicology Program (NTP), Ninth Annual Report on Carcinogens, January 2001. |
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(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. |
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(2) If a mixture has not been tested as a whole to determine its hazards - |
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(i) Use available, scientifically valid evidence to determine its physical hazard potential; |
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(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 |
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(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. |
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(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. |