Occupational Safety and Health Administration

New Mexico State Standards; Notice of Approval

1. Background.

Part 1953 of title 29, Code of Federal Regulations, prescribes procedures under section 18 of the Occupational Safety and Health Act of 1970 (hereinafter called the Act), by which the Regional Administrator for Occupational Safety and Health (hereinafter called Regional Administrator), under a delegation of authority from the Assistant Secretary of Labor for Occupational Safety and Health (hereinafter called the Assistant Secretary) (29 CFR 1953.4), will review and approve standards promulgated pursuant to a State Plan, which has been approved in accordance with section 18(c) of the Act and 29 CFR part 1902. On December 10, 1975, notice was published in the Federal Register (40 FR 57455) of the approval of the New Mexico State Plan and the adoption of subpart DD to part 1952 containing the decision.

The New Mexico State Plan provides for the adoption of Federal standards as State standards after:

1. Notice of public hearing published in a newspaper of general circulation in the State at least sixty (60) days prior to the date of such hearing.

2. Public hearing conducted by the Environmental Improvement Board.

3. Filing of adopted regulations, amendments, or revocations under the State Rules Act.

The New Mexico State Plan provides for the adoption of State standards which are at least as effective as comparable Federal standards promulgated under section 6 of the Act.

By letters dated January 4, 1993 and June 30, 1993, from Sam A. Rogers, Bureau Chief, to Gilbert J. Saulter, Regional Administrator, and incorporated as part of the plan, the State submitted State standards identical to Federal standards as follows: Amendments to 29 CFR 1910.1048, Formaldehyde (57 FR 22307, dated 5/27/92; 57 FR 24701, dated 6/10/92 and; 57 FR 27161, dated 6/18/92); Amendment to 29 CFR 1910.1001, Asbestos and Removal of 29 CFR 1910.1101, Asbestos (57 FR 24330, dated 6/8/92); Amendments to 29 CFR 1910.1030, Occupational Exposure to Bloodborne Pathogens; 29 CFR 1910.1450, Occupational Exposure to Hazards Chemicals in Laboratories; and 29 CFR 1910.1500, Standards Organizations (57 FR 29204, dated 7/1/92); Addition of 29 CFR 1910.1050, Methylenedianiline (57 FR 35666, dated 8/10/92); Addition of and Amendment to 29 CFR 1910.1027, Cadmium (57 FR 42388, dated 9/14/92 and 58 FR 21780, dated 4/23/93); Amendments to 29 CFR 1926.58, Asbestos (57 FR 24330, dated 6/8/92; and 57 FR 29119, dated 6/30/92); Addition of 29 CFR 1926.60, Methylenedianiline (57 FR 35681, dated 8/10/92); Addition of and Amendment to 29 CFR 1926.63, Cadmium (57 FR 42452, dated 9/14/92 and 58 FR 21787, dated 4/23/93); Addition of 29 CFR 1910.146, Permit-Required Confined Spaces (58 FR 4549, dated 1/14/93); Amendment to 29 CFR 1910.110, Storage and Handling of Liquified Petroleum Gases (58 FR 15089, dated 3/19/93); Amendment to 29 CFR 1910.109, Explosives and Blasting Agents (58 FR 16496, dated 3/29/93); and Addition of 29 CFR 1926.62, Lead with Appendices A, B, C and D to Subpart D (58 FR 26627, dated 5/4/93).

The Eleventh Circuit Court of Appeals decision vacating Federal OSHA's 1989 Permissible Exposure Limits (PELs) does not directly affect New Mexico's PEL standards as they were adopted under applicable State law. Thus, the State of New Mexico has chosen to continue to enforce the 1989 Permissible Exposure Limits (PELs).

Included, also, in the letter dated January 4, 1993, from Sam A. Rogers, Bureau Chief, to Gilbert J. Saulter, Regional Administrator, and incorporated as part of the plan, are amendments to Federal standards at 29 CFR 1910.1001, Air Contaminants (57 FR 29204, dated 7/1/92); 29 CFR 1910.19, Special Provisions for Air Contaminants (57 FR 35666, dated 8/10/92 and 57 FR 42388, dated 9/14/92); 29 CFR 1910.1000, Air Contaminants (57 FR 42388, dated 9/14/92).

These standards, contained in New Mexico Occupational Health and Safety Regulations OHSR 200 and OHSR 300, were promulgated on December 11, 1992 and June 11, 1993, in accordance with applicable State law.

The subject standards became effective January 16, 1993 and July 28, 1993, pursuant to New Mexico State Law, Section 50-9-1 through 50-9-25.

2. Decision.

Having reviewed the State submission in comparison with the Federal standards, it has been determined that the State standards are identical to the Federal standards, and are accordingly approved. OSHA also notes that the State of New Mexico has chosen to continue to enforce the 1989 Permissible Exposure Limits (PELs). OSHA, therefore, approves the State's PELs amendments.

3. Location of supplement for inspection and copying.

A copy of the standards supplement, along with the approved plan, may be inspected and copied during normal business hours at the following locations: Office of the Regional Administrator, U.S. Department of Labor-OSHA, 525 Griffin Street, room 602, Dallas, Texas 75202; Office of the Secretary, New Mexico Environment Department, 1190 St. Francis Drive, Santa Fe, New Mexico 87501; and the Office of State Programs, 200 Constitution Avenue NW., Room N3700, Washington, DC 20210.

4. Public participation.

Under 29 CFR 1953.2(c), the Assistant Secretary may prescribe alternative procedures to expedite the review process or for other good cause which may be consistent with applicable laws. The Assistant Secretary finds that good cause exists for not publishing the supplements to the New Mexico State plan as proposed changes and making the Regional Administrator's approval effective upon publication for the following reasons.

1. These standards are identical to the Federal standards
which were promulgated in accordance with Federal law including
meeting requirements for public participation.
2. The standards were adopted in accordance with the procedural
requirements of State law which included public comment,
and further public participation would be repetitious.
The decision is effective October 29, 1993.

(Sec. 18, Pub. L. 91-596, 84 Stat. 1608 (29 U.S.C. 667))

Signed at Dallas, Texas, this 29th day of July 1993.

Gilbert J.Saulter,
Regional Administrator.

[FR Doc. 93-26652 Filed 10-28-93; 8:45 am]