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
(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,
(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.------------------------------------------------------------------------