Abstract:

This notice interprets provisions of the Air Contaminants Standard, applicable to the grain dust, starch, sucrose, vegetable dust and particulates not otherwise regulated exposure limits for the grain handling industry. The final rule on Air Contaminants published 1/19/89 (54 FR 2332-2963), issued a new permissible exposure limit (PEL) for grain dust, defined as oat, wheat and barley dust, of 10 mg/m(3) as an 8-hour time weighted average (TWA), and specified PELL's for starch, sucrose and vegetable oil of 15 mg/m(3) total dust and 5 mg/m(3) respirable dust as TWA's. It also established a limit for "particulates not otherwise regulated" (PNOR) which had previously been known as the nuisance dust limit, of 15 mg/m(3) respirable dust as TWA's. This PNOR limit applied to all dusts not otherwise regulated, including all grain dusts not covered by the specific grain dust limit. The National Grain and Feed Association (NGFA) petitioned the court of appeals to review those limits and the AFL-CIO petitioned the court to review the grain dust limit. The NGFA, AFL-CIO and OSHA have settled the litigation, and the exposure limits specified above as stated in 29 CFR 1910.1000 remain in effect. OSHA has issued an interpretation which applies only to grain handling industries defined as those industries contained in SIC Codes 0723, 2041, 2046, 2047, 2048, 2075, 4221 and 5153. The interpretation applies only to exposure to grain dust, starch, sucrose, vegetable oil and PNOR. Between 9/1/89 and 12/31/92, the grain handling industry will have available all alternatives for compliance made available to all other industries, such that requirements may be met by any reasonable combination of engineering controls, work practices, and personal protective equipment. After 12/31/92, the binding interpretations of 29 CFR 1910.1000, discussed in this notice, shall apply to facilities in the grain handling industry as specified. Effective 12/24/90. CONTACT: James Foster (202) 523-8146.