---
kind: "section"
citation: "29 C.F.R. § 1990.146"
title: "29"
number: "1990.146"
heading: "Issues to be considered in the rulemaking."
url: "https://uscodex.org/cfr/29/1990.146"
---

# §1990.146. Issues to be considered in the rulemaking.


Except as provided in [§ 1990.145](/cfr/29/1990.145.md), 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](/cfr/29/1990.103.md), 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](/cfr/29/1990.144.md) are sufficient to warrant an exception to this part;
- (e) Whether the data, views and arguments that are submitted in accordance with [§ 1990.145](/cfr/29/1990.145.md) 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](/cfr/29/1990.151.md) and [1990.152](/cfr/29/1990.152.md) (model standards) are appropriate, except as limited by [§ 1990.142](/cfr/29/1990.142.md) and whether additional regulatory provisions may be appropriate.

## Notes

### Amendments

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

### Authority

Authority: Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 8-76 (41 FR 25059); and 29 CFR part 1911.

### Source

Source: 45 FR 5282, Jan. 22, 1980, unless otherwise noted.

### Amendments

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