29 CFR §1990.146
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
Except as provided in § 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 § 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 § 1990.144 are sufficient to warrant an exception to this part;
- (e)Whether the data, views and arguments that are submitted in accordance with § 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 §§ 1990.151 and 1990.152 (model standards) are appropriate, except as limited by § 1990.142 and whether additional regulatory provisions may be appropriate.