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
| Category | Basis for determining if a chemical is hazardous |
|---|---|
| (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, Volumes 1 through 77. | |
| (c) Mixture produced at the mine | (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. |