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Electronic Code of Federal Regulations

e-CFR data is current as of June 30, 2020

Title 30Chapter ISubchapter HPart 47 → Subpart C

Title 30: Mineral Resources

Subpart C—Hazard Determination

§47.21   Identifying hazardous chemicals.

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§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

Category Basis for determining if a chemical is hazardous
(a) Chemical brought to the mineThe 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 mineThe 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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