[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR721.63]

[Page 157-159]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES--Table of Contents
 
                 Subpart B--Certain Significant New Uses
 
Sec. 721.63  Protection in the workplace.

    (a) Whenever a substance is identified in subpart E of this part as 
being subject to this section, a significant new use of the substance is 
any manner or method of manufacturing, importing, or processing 
associated with any use of the substance without establishing a program 
whereby:
    (1) Each person who is reasonably likely to be dermally exposed in 
the work area to the chemical substance through direct handling of the 
substance or through contact with equipment on which the substance may 
exist, or because the substance becomes airborne in the form listed in 
paragraph (a)(6) of this section, and cited in subpart E of this part 
for the chemical substance, is provided with, and is required to wear, 
personal protective equipment that provides a barrier to prevent dermal 
exposure to the substance in the specific work area where it is selected 
for use. Each such item of personal protective equipment must be 
selected and used in accordance with 29 CFR 1910.132 and 1910.133.
    (2) In addition to any other personal protective equipment selected 
in paragraph (a)(1) of this section, the following items are required:
    (i) Gloves.
    (ii) Full body chemical protective clothing.
    (iii) Chemical goggles or equivalent eye protection.
    (iv) Clothing which covers any other exposed areas of the arms, 
legs, and torso. Clothing provided under this paragraph need not be 
tested or evaluated under the requirements of paragraph (a)(3) of this 
section.
    (3) The employer is able to demonstrate that each item of chemical 
protective clothing, including gloves, selected provides an impervious 
barrier

[[Page 158]]

to prevent dermal exposure during normal and expected duration and 
conditions of exposure within the work area by any one or a combination 
of the following:
    (i) Testing the material used to make the chemical protective 
clothing and the construction of the clothing to establish that the 
protective clothing will be impervious for the expected duration and 
conditions of exposure. The testing must subject the chemical protective 
clothing to the expected conditions of exposure, including the likely 
combinations of chemical substances to which the clothing may be exposed 
in the work area.
    (ii) Evaluating the specifications from the manufacturer or supplier 
of the chemical protective clothing, or of the material used in 
construction of the clothing, to establish that the chemical protective 
clothing will be impervious to the chemical substance alone and in 
likely combination with other chemical substances in the work area.
    (4) Each person who is reasonably likely to be exposed to the 
chemical substance by inhalation in the work area in one or more of the 
forms listed in paragraph (a)(6) of this section and cited in subpart E 
of this part for the chemical substance, is provided with, and is 
required to wear, at a minimum, a NIOSH- approved respirator from one of 
the categories listed in paragraph (a)(5) of this section, and the 
respirator is used in accordance with 29 CFR 1910.134 and 30 CFR part 
11.
    (5) The following NIOSH approved respirators meet the minimum 
requirements for paragraph (a)(4) of this section:
    (i) Category 19C Type C supplied-air respirator operated in pressure 
demand or other positive pressure mode and equipped with a full 
facepiece.
    (ii) Category 19C Type C supplied-air respirator operated in 
pressure demand or continuous flow mode and equipped with a tight-
fitting facepiece.
    (iii) Category 19C Type C supplied-air respirator operated in 
pressure demand or continuous flow mode and equipped with a hood or 
helmet or tight-fitting facepiece.
    (iv) Category 21C air-purifying respirator equipped with a full 
facepiece and high efficiency particulate filters.
    (v) Category 21C powered air-purifying respirator equipped with a 
tight-fitting facepiece and high efficiency particulate filters.
    (vi) Category 21C powered air-purifying respirator equipped with a 
loose-fitting hood or helmet and high efficiency particulate filters.
    (vii) Category 21C air-purifying respirator equipped with a high 
efficiency particulate filter including disposable respirators.
    (viii) Category 23C air-purifying respirator equipped with a full 
facepiece and combination cartridges approved for paints, lacquers, and 
enamels. (Approval label may preclude use for some paints, lacquers, or 
enamels.)
    (ix) Category 23C powered air-purifying respirator equipped with a 
tight-fitting facepiece and combination cartridges approved for paints, 
lacquers, and enamels. (Approval label may preclude use for some paints, 
lacquers, or enamels.)
    (x) Category 23C powered air-purifying respirator equipped with a 
loose-fitting hood or helmet and combination cartridges approved for 
paints, lacquers, and enamels. (Approval label may preclude use for some 
paints, lacquers, or enamels.)
    (xi) Category 23C air-purifying respirator equipped with combination 
cartridges approved for paints, lacquers, and enamels, including 
disposable respirators. (Approval label may preclude use for some 
paints, lacquers, or enamels.)
    (xii) Category 23C air-purifying respirator equipped with a full 
facepiece and organic gas/vapor cartridges.
    (xiii) Category 23C powered air-purifying respirator equipped with a 
tight-fitting facepiece and organic gas/vapor cartridges.
    (xiv) Category 23C powered air-purifying respirator equipped with a 
loose-fitting hood or helmet and organic gas/vapor cartridges.
    (xv) Category 23C air-purifying respirator equipped with organic 
gas/vapor cartridges, including disposable respirators.

[[Page 159]]

    (6) When cited in subpart E of this part for a substance, the 
following airborne form(s) of the substance apply to paragraphs (a) (1) 
and (4) of this section:
    (i) Dust.
    (ii) Mist.
    (iii) Fume.
    (iv) Smoke.
    (v) Vapor.
    (vi) Gas.
    (b) If a substance identified in subpart E of this part is present 
in the work area only as a mixture, an employer is exempt from the 
provisions of this section if the concentration of the substance in the 
mixture does not exceed a concentration set in subpart E of this part. 
The exemption does not apply if the employer has reason to believe that 
during intended use or processing in the work area, the substance in the 
mixture may be concentrated above the level set in subpart E of this 
part.
    (c)(1) If at any time after commencing distribution in commerce of a 
chemical substance that is identified in subpart E of this part as 
subject to this section, the person has knowledge that a recipient of 
the substance is engaging in an activity that is not consistent with the 
implementation of a program specified in paragraph (a) of this section, 
the person is considered to have knowledge that the recipient is 
engaging in a significant new use and is required to follow the 
procedures in Sec. 721.5(d) unless the person is able to document the 
following:
    (i) That the person has notified the recipient in writing within 15 
working days of the time the person first has knowledge that the 
recipient is engaging in an activity that is not consistent with the 
implementation of a program specified in paragraph (a) of this section, 
and that the person has knowledge of the failure of implementation.
    (ii) That within 15 working days of notifying the recipient that the 
recipient is engaging in an activity that is not consistent with the 
implementation of a program specified in paragraph (a) of this section 
the person has received from the recipient, in writing, a statement of 
assurance that the recipient has established the program required under 
paragraph (a) of this section, and will take appropriate measures to 
avoid activities that are inconsistent with implementation of the 
program required under paragraph (a) of this section.
    (2) If, after receiving a statement of assurance from a recipient 
under paragraph (c)(1)(ii) of this section, a manufacturer, importer, or 
processor has knowledge that the recipient is engaging in an activity 
that is not consistent with the implementation of the program specified 
in paragraph (a) of this section, that person is considered to have 
knowledge that the person is engaging in a significant new use and is 
required to follow the procedures in Sec. 721.5(d).