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Invalid construction coke oven emissions standard

Summary A lawyer asked about the construction coke oven emissions provision at 29 CFR 1926.1129. OSHA said the provision was invalid, had remained in the code by mistake, and would be removed and not enforced. OSHA labels the letter archival.
Document
Federal opinion letter
Agency
Occupational Safety and Health Administration (OSHA)
Document number
1999-06-22
Date issued
June 22, 1999
Status
Archived by the agency
OSHA labels this letter an archive document that may no longer represent OSHA policy; it describes planned correction of an invalid standard.
Status last verified October 9, 2026
Topics
Workplace Safety OSHA 1926 Chemical Exposure
Source
View the official document

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The current status of this document is unclear
OSHA labels this letter an archive document that may no longer represent OSHA policy; it describes planned correction of an invalid standard. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from Occupational Safety and Health Administration (OSHA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

OSHA archive notice: "This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only."

June 22, 1999

Mr. Mark D. Katz
Ulmer & Berne LLP
Attorneys at Law
[Recipient address omitted]

Dear Mr. Katz:

Thank you for your letter of March 26 regarding 29 CFR §1926.1129, OSHA's coke oven emissions standard for employers engaged in construction. We acknowledged in earlier correspondence with you that this standard is invalid. We explained that in 1995, during the removal and revision of out-dated or duplicative standards, this section was inadvertently missed and so remains in the Code of Federal Regulations.

We will be taking the following corrective steps: (1) we will remove 29 CFR §1926.1129 from OSHA's Internet web site; (2) the standard will be deleted from Part 1926 of the Code of Federal Regulations, and (3) we will formally notify OSHA field offices that §1926.1129 is not to be enforced.

I appreciate your taking the time to inquire about this issue.

Sincerely,

Charles N. Jeffress
Assistant Secretary

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