[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1990.146]

[Page 238]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1990_IDENTIFICATION, CLASSIFICATION, AND REGULATION OF POTENTIAL 
OCCUPATIONAL CARCINOGENS--Table of Contents
 
Sec. 1990.146  Issues to be considered in the rulemaking.

    Except as provided in Sec. 1990.145, after issuance of the advance 
notice of rulemaking, the proceedings for individual substances under 
this part shall be limited to consideration of the following issues:
    (a) Whether the substance, group of substances or combination of 
substances subject to the proposed rulemaking is appropriately 
considered in a single proceeding;
    (b) Whether the substance or group of substances subject to the 
rulemaking meets the definition of a potential occupational carcinogen 
set forth in Sec. 1990.103, including whether the scientific studies 
are reliable;
    (c) Whether the available data can appropriately be applied to the 
substance, group of substances or combination of substances covered by 
the rulemaking;
    (d) Whether information, data, and views that are submitted in 
accordance with Sec. 1990.144 are sufficient to warrant an exception to 
this part;
    (e) Whether the data, views and arguments that are submitted in 
accordance with Sec. 1990.145 are sufficient to warrant amendment of 
this part;
    (f) Whether the potential occupational carcinogen meets the criteria 
for a Category I Potential Carcinogen or a Category II Potential 
Carcinogen.
    (g) The environmental impact arising from regulation of the 
substance;
    (h) Any issues required by statute or executive order;
    (i) The determination of the level to control exposures to Category 
I Potential Carcinogens primarily through the use of engineering and 
work practice controls including technological and economic 
considerations.
    (j) The determination of the appropriate employee exposure level, 
consistent with the Act's requirements, for Category II Potential 
Carcinogens;
    (k) Whether suitable substitutes are available for one or more uses 
of Category I Potential Carcinogens and; if so, the no occupational 
exposure level to be achieved solely with engineering and work practice 
controls and other issues relevant to substitution; and
    (l) Whether the provisions of the proposal and of Sec. Sec. 
1990.151 and 1990.152 (model standards) are appropriate, except as 
limited by Sec. 1990.142 and whether additional regulatory provisions 
may be appropriate.

[45 FR 5282, Jan. 22, 1980, as amended at 46 FR 5881, Jan. 21, 1981]