The Secretary must initiate a rulemaking proceeding using one of the procedures listed in 1990.142. See Initiation of a rulemaking in 1990.142 which explains the options for a notice of proposed rulemaking under section 6(b) of the Act or an emergency temporary standard under section 6(c).
Under 1990.142(a)(1) the public comment period for a notice of proposed rulemaking is no more than sixty (60) days. See the notice of proposed rulemaking requirements in 1990.142(a)(1).
Under 1990.142(a)(1) the hearing must be scheduled for no later than one hundred (100) days after publication of the Notice of Proposed Rulemaking, and the commencement of the hearing may be postponed once for no more than thirty (30) days for good cause shown. See 1990.142(a)(1).
Under 1990.142(a)(2)(i) a proposed standard for a Category I Potential Carcinogen must include at least provisions for scope and application, definitions, notification of use, a permissible exposure limit, monitoring, regulated areas, methods of compliance including a compliance plan, respiratory protection, protective clothing and equipment, housekeeping, waste disposal, hygiene facilities, medical surveillance, employee information and training, signs and labels, recordkeeping, and employee observation of monitoring as set forth in 1990.151 unless the Secretary explains why any provision is inappropriate. See 1990.142(a)(2)(i) and the model provisions in 1990.151.
Under 1990.142(a)(2)(ii) the model standard in 1990.151 is to be used as a guideline when drafting a proposed standard for a Category I Potential Carcinogen. See 1990.142(a)(2)(ii) and review the model standard in 1990.151 for the recommended elements.
Under 1990.142(a)(2)(iii) the permissible exposure limit for a Category I Potential Carcinogen must be achieved primarily through engineering and work practice controls, and if a suitable substitute is available for one or more uses, no occupational exposure is permitted for those uses. See 1990.142(a)(2)(iii).
Under 1990.142(a)(3)(i) a proposed standard for a Category II Potential Carcinogen must include at least scope and application, definitions, notification of use, monitoring, respiratory protection, protective clothing and equipment, housekeeping, waste disposal, medical surveillance, employee information and training, recordkeeping, and employee observation of monitoring as set forth in 1990.151 unless the Secretary explains why any provision is inappropriate. See 1990.142(a)(3)(i) and the model provisions in 1990.151.
Under 1990.142(a)(3)(ii) the model standard in 1990.151 is used as a guideline when drafting proposed standards for Category II Potential Carcinogens. See 1990.142(a)(3)(ii) and the 1990.151 model standard.
Under 1990.142(a)(3)(iii) worker exposure to Category II Potential Carcinogens must be reduced as appropriate and consistent with statutory requirements on a case-by-case basis in individual rulemaking proceedings, and any permissible exposure level established must be met primarily through engineering and work practice controls. See 1990.142(a)(3)(iii).
Under 1990.142(b) the Secretary may issue an Emergency Temporary Standard for a Category I Potential Carcinogen in accordance with section 6(c) of the Occupational Safety and Health Act. See 1990.142(b) and consult the guideline model in 1990.152.
Under 1990.142(b)(2)(i) an ETS for a Category I Potential Carcinogen must contain at least scope and application, definitions, notification of use, a permissible exposure limit, monitoring, methods of compliance including a compliance plan, respiratory protection, protective clothing and equipment, housekeeping, waste disposal, medical surveillance, employee information and training, signs and labels, recordkeeping, and employee observation of monitoring unless the Secretary explains why any provision is inappropriate. See 1990.142(b)(2)(i) and the guideline in 1990.152.
Under 1990.142(b)(2)(ii) the model standard in 1990.152 is to be used as a guideline for drafting Emergency Temporary Standards. See 1990.142(b)(2)(ii) and review the 1990.152 model for recommended ETS elements.
Under 1990.142(b)(2)(iii) a permissible exposure limit in an Emergency Temporary Standard must be achieved through any practicable combination of engineering controls, work practice controls, and respiratory protection. See 1990.142(b)(2)(iii).
Under 1990.142(a)(2)(i) employee observation of monitoring is required as set forth in 1990.151 unless the Secretary explains why it is not appropriate. See 1990.142(a)(2)(i) and the procedures described in 1990.151.
Under 1990.142 a proposed standard for a Category I Potential Carcinogen must include a permissible exposure limit achieved primarily through engineering and work practice controls, while Category II substances do not automatically require a PEL in the proposed standard; any PEL for Category II is established on a case-by-case basis and must be met primarily through engineering and work practice controls if set. See 1990.142(a)(2)(i) and (iii) and 1990.142(a)(3)(iii).
Under 1990.142(a)(2)(i) medical surveillance must be included among the minimum provisions in a proposed standard for a Category I Potential Carcinogen unless the Secretary explains why it is inappropriate. See 1990.142(a)(2)(i) and the related model elements in 1990.151.
Under 1990.142(b)(2)(i) signs and labels are required as part of the minimum provisions of an Emergency Temporary Standard for a Category I Potential Carcinogen unless the Secretary explains why they are inappropriate. See 1990.142(b)(2)(i) and the guideline in 1990.152.
Under 1990.142(a)(2)(iii) if a suitable substitute is available for one or more uses of a Category I Potential Carcinogen, no occupational exposure is permitted for those uses. See 1990.142(a)(2)(iii).
Under 1990.142(a)(1) a notice of proposed rulemaking is issued pursuant to section 6(b) of the Act and must follow the procedures in part 1911 of this chapter. See 1990.142(a)(1).