Document 3JpmMa9q0xxMOKg2z2bvRJ0ey

Interoffice Communication To Plant Safety Directors From James J. Hall Date December 21, 1978 subject Corrections to OSHA Air contaminants Table ~7 OSHA has published (FR 12/8/78) corrections to its table of exposure limits in 29CFR1910.1000. The corrections are minor and will probably have no effect on our operations. The only item which may be of interest is that the value of 1 ppm for chlorine is a ceiling value rather than a TWA limit. A copy of the/corrections is attached. / / i#m> I^(\ idem Attachment SAL 00008032? the ipprbved rangeAThese'data sh generally satisfy-current staxidards'i lonstration'ol cIDcacy.-^ ccepft under Tyipedalh the'-product -has'been'- rears In thetarget species ficant^cbmplaints -relit iated- with. iC'Appllcatio ionvrequire1^ __ ax-ailable^Drug ExperiencelRepo 'KUI^S^ND" REGULATIONS ' ^mT'CSKm 601- _ __ -iKfli*^^tandard;-Ti'Ould not ;result: in i - improved'-saJety-or'bealthtlor-^pecifi-^ Vraily designated employceyfy^^^^^^ , '-^^n^jpromulgatiii^ --these -^standardsT, , _ ^?^Slch:^arer'describedjncrre:ifu3lFibelbw,.- *' `''OSHX^adopted :~regulations~^priginaJTy^ swbn))^ ^issued mder.thel'Walsh^B^ley^'iihlicx ^^o^ff^?<*Q30tracts'A.ct;(4irOS.'C;':^J5iet3ecpJs i -'"**,i*5S*;^i^'",:-festablished-Federa2 standardasahd cer^- --r-- rair> gtanrtani5t lssued^y-theii&sniTican- i^^^-r^^ational T Standards/lnStttoieaizbfSI) I 1'" `.'^rrcT'Th'e - >^ -~>Jas-rv^tinTiM V^n^n5nL^t-Aridarrit -of section'-512(myonly ifor^ Jinmber:-'nf ;-&TtrangQi'is'r Hnadvt>ft^nt':rirrii^dbns-and y.: cacy rlaim^ or at specific 'levels,&Jth~e?-ckg-n_^ii^iAi.*t*;w^lbL^LA^-LL-^.w^^g^:^c^ -crror^in^.hf^r^tandards... drugs.distlnct,'products-TPith;/corre^Zis-^.^.. Z..-^s.^hey currentlyrappeari-ManyiofJtheL- sponding i^U'ng' f--Title 29--laborrAu~ --"?r ..-.^typographical .-errors-and'-inadvertcnt^ levels should existAThJLs Ci^->-^omlssions---which<>ccurredTinilheirran-^ cover those premixes that can 6e'njadev-CHAPTER XVH7-OCCUPATIONAI ':;scription of.lhese^tandardaliav^been.-v into finished! feeds -with various ;con-'i--' SAFETY" AND - HEA.LTH ADMINIS- : by 'employers^and- indus- - centratlonsoAdrug^. "' r;.. y;:' The foregoing criteria established .in the 1971 memoranda constitute an inlerixn agency \policy that / is under renew. The Bureau . of Veterinary Medicine is preparing a proposed regu lation, for publication in the.Federal Register, based Vm the criteria - listed above, governing Waiver of the 512(m) requirements for i^he finished feed. In waning the ministerial requirements of section 512(m), the agency has not waived the current' good manufactur ing practice regulations under Part 225 (21 CFR Part 225)/for feed mills mixing such feeds. \ / oprova) of this waiver does not con.ite reaffirmation of the underlying human safety data fof use of nicaroauir. in chicken feed, j\ In accordance with' the freedom of information regulation*; and 514.11 (e)(2Kii) of the arumai drug regula tions. a summary oflthe human safety data and information submitted to support the approval of`.this applica tion is released publicly. The summary :s available for public examination at the office of the Hearing Clerk (HFA305i. Rm. 4-65, /5600 Fishers Lane. Rock'.'ilie, MD 20857, Monday through Pricey, from 9 a.m. to 4 p.rr..\ Therefore, under the Federal Pood. Drug, and Cosmetic Act (sec. I512(i). 82 Stat. 347 (21/U.S.C. 360b(u);) and unoer authority delegated to the Com missioner of Fpod and Drugs (-21 CFR 5.13 and redelegated to the Director of the Bureau of/VeLerinary Medicine (21 CFR 5.S3), ?arl 558 is amended in 55S.366 by adding paragraph cd), to read as follows: .i:>S.366 Ni^uirbaiin. (d) Specie..7 considerations. Complete :-TRATjON/DE?AR7MEm OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Air Contaminant* Tablet; Corrections AGENCY: Occupational Safety and Health Administration, Labor. ACTION: fPinal rule; corrections. SUMMARY: This document contains corrections to the tables of exposure limits for air contaminants in 29 CFR 1910.1000. These corrections are being published to avoid any confusion as to the content of the section. EFFECTIVE DATE: December 1978. FOR FURTHER INFORMATION CONTACT: Mr. Louis Polite. Office of Compli ance Programing. Division of Occu pational Health Programing. 3rd Street and Constitution Avenue, NW.. Room N-3606. Washington. D.C. 20210 (Tel. (202) 523-8043). SUPPLEMENTARY INFORMATION: The Occupational Safety and Health Administration (OSKA) standards for occupational exposure to air contami nants (gases, vapors, fumes, dust, and mists) were firs: published as 25 CFR 1910.93. Tables G-i, G-2 and G-3 OS FR 10503. Mai' 2S, 1971. as revised bv 36 FR 15101, August 12. 1971). These standards were subsequently moved to a new subpart. Subpart 2-Toxic and Hazardous Substances, and recodified at 29 CFR 1910.1000, Tables Z-l. 2-2. and 2-3 (40 FR 23072. May 28. 1975). These standards were promulgated under section 6(a) of the Occupational Safetv and Health Act of 1970 (the Act) (84 Stat. 1593; 29 U.S.C. 655(a)). which required the Secretary of Labor to adopt, within two years of the Act's effective date (April 2S. 1971), any na . `trial hygienists. ^OSHA - has-received" many -inquiries concerning. these errors and many requests that" the Standards be clarified and that the errors be corrected. Therefore, for the guidance and convenience of the public. OSHA is correcting the tables to remove ambiguities and correct pos sible confusion. As discussed more fully below, these corrections are of a technical or clarifying nature, and conform 29 CFR 1910.1000 to the es tablished Federal standards -ana na tional consensus standards which OSHA adopted under section 6(a) of the Act. These corrections do not es tablish. modify or revoke substantive rights and obligations. ^ OSHA has determined that notice of these corrections and public procedure thereon is not necessary under section 4 of the Administrative Procedure Act (5 U.S.C. 553). or under section 6 of Lhe Occupational Safety and Health Act. In making these corrections, the only questions considered were wheth er OSHA had accurately transcribed the source documents for these stand ards and whether errors have occurred in subsequent repubheztions or recodi fications of these tables. Since these determinations are essentially me chanical. notice and public procedure thereon are unnecessary anc impracti cable within the meaning of 5 U.S.C. 553Cb)(3K3). Nor does section 6 of the Occupa tional Safety and Health Act require notice and public comment on these corrections. They do not establish, modify or revoke substantive rights and obligations. No useful purpose would thus be served by notice and public procedure. Therefore, under 29 CFR 1511-5, good cause is found to publish these corrections - without prior notice or public procedure there on. For the same reasons, good cause broiler fWeas containing nicarbaiin tional consensus standard, and any es is found to make these changes effec only and ^conforming to requirements tablished Federal standard, unless he tive immediately upon publication in this section are not required Vo determined that the promulgation of the Federal Register. FEDERAL REGISTER, VOL. 43, NO. 237--FRIDAY, DECEMBER 8. T978 SAL 000080330 57602 .. . _. . ... A ".^RUIES iAHD- REGULAilONS'^ r` r--; a. Some ol the more important errors tional-consensus -stamdard^nf^buiyl inent - Safety! taiid --Health--. Guidejr being corrected, and tileir'origins* are -.phosphaterat- the time./-Accordingly, . Volume _2. 7600.6).;-In .addition.--tbe discussed briefly below- j/the_list .is.corrected by.addine^butyl ; corrected --ceiling; -concentration -was __ TabU Z-l. The exposuxeJimits listed r_phosphatel--'to The -air- contaminant/ ..subsequently ..printed ' in~the'*iN30S&^t ior substances in Table Z-l of 29 CFR --lables. This'-conforms-Table i-1 to the . : critena-docuraenU-Occupatiohal Tlxpo^ 1910.1000 were originally>adopted established -^Federal. standards -which . .sure to-.-Cadxaium.Aand- in gOSHA'ss .under the Walsh-Healey..Public,-Con- vrp-j /review-And-evaluatiomof t.hat;-criteriaa -tracts Act (41 U.S.C..35 et-seqJ/Xhese us. in . severaii-instahces.-. specific sub-' document-A2 FR 3434l>A43S..uJanuary; ^alsh-Healey safety amlhealtliatand- .stances were'.covered'.by the national r rf28.xTS77L While the.: May,;^a..vi97j^ ards . incorporated by reference__lbe. : consensus'Standard'and An established ' printing correcUy-THsted /iheLsoiirceSt Threshold Limit Values', of.'Airborne --Federal .stamdar The Secretary-chose ' -document'..for' MelhylmeTchlariie:: " Contaminants for '1968 -of:the'.Ameri- to .protnhlgate-rthe ANSI-standard in. - 'ANSI-iZ37J23-1969,-li>ht5^6gEaphical ran Conference of. Governmental in " lieu of-..the--established:Federal-stand- error fin. the August-1571' Irdrrecf.ihnj dustrial Hygienists -CACGIHl'.'t'jjub-. j. ard for .-a _variety-: of_ -substances. Tn " document, listed'Ahe source .'-document lished at 34 FR 7946,- 7953/.May "20, some cases, however, the references to - las -_-A7J?TT "7-37 3-1 Qfi3.~ -TTH*: ArvAi-ment^^ T9S9, and codified Jn -41' CFR' 50^ ' the"-^established.. - Federal ^standards Also corrects this eiron"/:5th'/_"r-LvAT. 204.50. The Secretary of Labor.deter- were not-properly deleted. These `dele- : Table Z-3. "The exposureJimits'listed? mined that these Waish-'Healey^tand- tions are-.accoraplishedln this-correc- forsubstances in TabIe"Zr-~3 of 29 CFRJs'2& ards were "established Federal stand T.lnn document.--V '/-' - .t' ' 1910.1000 _ were.' originally /adopted ards" within the meaning of section - ' The -exposure-limit, for Parathion,' "under the. Waish-Healey "Public Con-m^- 3(10) of the Act and therefore adopted which originally :had been printed-cor tracts Act. and codified at 41 CFR 50- -'them as OSHA standards under sec rectly .as 0.1 mg/M J. (36 FR 10505,' 204.50 et seq. The Secretary of Labor '-. tion 6(a) of the Act (36 FR 10466, 10504, May 29. 1971), As stated above, the. 1968 ACGIH threshold limit values were merely incorpora.ted by reierence in the WalshHealey standards. In adopting these established Federal standards. OSHA decided to transcribe the material in corporated by reference, specifically listing the substances and their expo sure limits, m order to make it easier for employers anc employees to have quick access to this information. The May 29. 1971 printing, however, mad'vertently and incorrectly listed the 1970 ACGIH threshold limit values .rather than the 1968 ACGIH thresh old limit values which were incorpo rated in the Waish-Healey standards. May 29, 19711, was later misprinted as 0.11 mg/M h(3S FR 15103, August 13, 1971). The exposure limit for Ronnel inadvertently was not corrected to its 1968 ACGIH value of 15 mg/M 3. These errors are hereby corrected. - While the August 13, 1971, docu ment showed the correct permissible exposure limit for Stoddard solvent as expressed in parts per million (ppm), the permissible exposure limit as ex pressed in milligrams per cubic meter (mg/M 5) was erroneously printed as 2950 rather than 2900. In a subsequent republication of OSHA regulations (37 FR 221C2. October 18, 1972). the expo sure limit for Tetramethyl lead, which had been properly corrected to 0.075 mg/M5 (36 FR 15101, 15103, August 13, determined "that these Waish-Healey standards were "'established Federal standards" within the meaning of sec tion 3(10) of the Act and therefore adopted them as OSHA standards under section 6(a) of the Act (36 FR 10466, 10506, May 26. 1971). In 1972. the Secretary of Labor adopted a com prehensive asbestos standard and de leted asbestos ana its exposure limits from Table Z-3 (29 CFR 1910.1001: 37 FR 1132C. June 7. 1972). Footnote to Table Z-3, dealing with asbestos, was inadvertently retained. This docu ment corrects this error. Standards Orpanizat'icns (.i 2S1C.1S00). The National Fire Pro tection Association was erroneously in- - This error was partially corrected by a 1971) was printed erroneously as 0.07 cluoed as a source for standards in subsequent Fmnux Register docu mg/M5 (37 FR 22141. October IS, Subpan Z. when the tables were reco ment which printed the 1968 values 1972). These and several other typo dified (40 FR 23073, May 28. 1975). (36 FR 15101, August 12, 1571). How graphical errors are corrected in this This document corrects that error. ever. two substances from the 1970 document. Accordingly, pursuant to sections 6 edition of the Threshold Limit Values Tctbie 2.-2. The exposure limits for end of the Act (84 Star. 1593, 1600: of Airborne Contaminants were inad substances listed in 29 CFP. 1910.1000, 29 U.S.C. 655. 657) section 4 of the Ad- vertently retained: Propargyl alcohol Table Z-2. were originally based upon mimstrative Procedure Act (5 L.S.C. and KDS. Also, the footnote for Oil several standards adopted by the 553), Secretary of Labor's Order No. 8- mist was inadvertently retained. The American National Standards Insti 76 <4.1 FR. 25059). and 29 CFR 1911.5. notation "C". designating a ceiling ex tute (.ANSI Z-27 series). The Secretary Title 29 Code of Federal Regulations. posure limit, was inadvertently omit of Labor determined that these stand 1S1C.1000 and 1910.1500 are correct ted for three substances: Chlorine, Ni ards were ''national consensus stand ed as set forth below. trogen dioxide, anc Nitroglycerin.. ards" within the meaning of section These amendments are effective De in addition, in transcribing the 1968 3(9) of the Act anc therefore adopted cember 8, 1978. ACGIH threshold limit values, OSHA inadvertently omitted dibutyl phos phate and its exposure limit of 1 ppm and 5 ng/M In accord with the Act's requirement that the Secretary pro them as OSHA standards under sec tion 6(a) of the Act (36 FR 10466. May 2S, 1971). The May 29. 2971. printing in the Feoeeju. P-egistee erroneously omitted Signed .at Washington, D.C. this 30th day of November, 1978. Epla Bikcham. Assistant Secretary of Labor. mulgate any national consensus stand ard and any established Federal stand ard. unless the Secretary determined that the promulgation of such a stand ard would not contribute to the safety some of the acceptable ceiling concen trations and all of the peaks or excur sions from the exposure limits for the covered substances. The error was par tially corrected in the August 13, 1971 1910.1000 [Amended) 1. Title 29 CFR. 1910.1000 is cor rected as follows: A. Table Z-l: and health of employees (section 6(a)), Federal Register (36 FR 15101). How 1. The asterisks (single or double) in CSRA intended to adopt permissible ever, the acceptable ceiling concentra front of the entries "C Allylgiycicy) exposure limits for all the substances tion for Cadmium fume misprinted as ether (AGE)"; ".Ammonia"; "Bury) regulated under Waish-Healey except 3 mg/M5; the correct value is 0.3 mg/ mercaptan"; "Camphor"; "Chlorine"; for those substances for which OSHA M3. This error has been generally rec "Octane"; "Oil mist, mineral''; "Pen expressly decided to adopt national ognised by employers and industrial tane"; and "Stoddard solvent" are de consensus standards. There was no ns- hygienists. (See. e.g. CCH, Fmploy- leted. FEDERAL REGISTER, VOL 43, HO. 237--FRIDAY, DECEMSER 8, 1978 SAL 000080331 RULES AND REGULATIONS 57603 2. The entry "Bisphenol A; see-Dlc- able celling concentration'.'"column are. ^reflect a recent reorganiz ition. ycidyl ether" Is deleted.- >.'jr T. ,-r: - 3. In the entry for-"C&mpbor." the .amberr2" is deleted.-under the head-, ng -'ddb" . and the number "`2"- Is idde*- hpari^ymy/yy.' 4. j-_ the entry_iorc*'Chlorine,'5t jotation "C7Js added hefore-the wont I moved to the column beaded "Concern-: ie Office of the Secretary. As a tration_'M ..'..L LC'idT rrVt.nLp-1*- ; of\ the \ reorganization, the -Dep the entry fordlMethylene rchlo- -;. meat's centralized procuring acti ride.?.,the source document -is -correct- ana procurement, policy staff,:fo ed to~.Z37:23-1969."d" rL^'; Jy v^thin the Office of Arimini -i-CfTable Z-2"-Is rearranged so-that Sees -and Procurement, wer the substances" appear in .alphabetical , binedjrtthiheJDepartment's O Chlorine."' ' - . -r~-SA~i-J order. The term "'do."' standing:-Tor .Automatic Data Processing "S. in tne entry - tor, '"DDVP,"-. the --y'ditto."-Is deleted'wherever it appears j 'ment Vo form the Office Of words "See--Dichlorvos"-^`are-deletedl - -In"Table"Z-2 and:the appropriate hu- and the notation "Skin" .'Is-added: the " .merical.value is substituted.- v- ; --' number.'"!" is added under-the head---. ~C.'Table Z-3;'- - ' Lng "mg/M*'.'---Liu; -D. ' "T he footnote to Table Z-3. "J As'de* id'Automatic Data Processing . Lent." "Since -this i solely ~to matters of/agency 6. The entry "Dichlorvos-<DDVP>-L ~ termined- '-by ' the-membrane filter. ieht,' iOtas been determined Skin" is deleted.' -T*- -- . method at 430X'phase contrast magni irovisions of the Administra _ 7. The entry `'Dibutyl phosphate" Is..." fication." is deleted.-ryTt.7- ' tive Prodedures Act Tequiring public added in the substance column -after;'1 ITWlO.lSOO---'.--i . "Diborane": the number "1" is entered in the "p.p.m." column, and "5" is en " ^ TL: Title 29 CFR, S19'l0T500 Vcor- tered in the "mg/M'" column. " - - rected as follows: 8. The entry "Ethylene dibromide, Ln 29 CFR. 1910.1500. the reference see 1.2-Dibromoethane" is deleted. 9. The entry "Ethylene dichloride. "National Fire Protection Association. 470 Atlantic Avenue, Boston, Massa see 1.2-Dichloroethane" is deleted. chusetts. 02210" is deleted." comment Wnd delay ln effective-date -are inapplicable; : ' 'Accordingly, pursuant to he author: Ity of the Assistant Secretary for Ad- ministrationi under the Federal Prop erty and Administrative /Sendees Act of 1949. as amended (40 p.S.C. 486(c)), 10. In the entry for "Nitrogen diox ide," the notation "C" is added before the word. "Nitrogen." 11. Ln the encry'for "Nitroglycerin," the notation "C" is added before the word. "Nitroglycerin." (Sec. 6. 8(g). 84 Slat 1593. 1600: 29 tJ.S.C. 655. 657, Secretary of Labor's Order No. S76 (41 FR 25059), 29 CFR Pari 1911. 5 U-S.C. 553). CFR Doc. 78-34365 Filed 12-7-78; 8:45 am) as delegated by the Secretary in De partment Organization /Order 10-5, 41 CFP. Chapter U3 Ls amended as fol lows: \ PART 13V1 [ A/merded] 12. In the entry for "Oil mist," the Wherever the t\tle/"Director. Office footnote is deleted from the column "mg/M*". 13. In the entry for "Parathion." the [3^10-20-Mj Title 41--Public Contracts and of Administrative Services and Pro curement (OASdiP/" cr "Deputy Di number under the heading "mg/M''" is Property Management rector for Program Development, corrected to "0.1". OASdtP" appear hi the chapter they I-' ""he entry "Propargyl alcohol-- Zi:i is deleted. 15. The entry "RDX-Skin--1.5" is deleted. 15. in the entry for 'p.on.r.el,'' the CHAPTER 13--DEPARTMENT/OF COMMERCE PART 13-1--GENERAL are changed to rJa^ "Director. Office of Procurement Automatic Data Processing Mayagement." Wherever the organizational Jutle "Office of nun-.Der under the heading "mg/M5" is corrected to "15". Procurement Rea]lu l o^io n s; Administrative/Services and Procure ment'' appear^ tr. thA Chapter it is 17. In the entry for "Stoddard sol vent," the number under the heading is corrected lo "2.900.'' IS. The entry "Tetrachloroethylene. tee Perchloroerhylene" is deleted. 19. In the entry lor "Tetramethyl lead." the number under the heading "mg/LiF' is corrected to "0.075''. 20. The iootnote to Table Z-l. `1970 Addition" is deleted. 21. The Iootnote to Table Z-l. "'As sampled by method that does not col lect vapor" is deleted. Organizational Change AC-ENCY: Department pf Commerce. ACTION: FinalVuie. SCMNLARY: Tr\s Amendment pro vides for reaesigr.acicr; of procurement authorities and resVcnsibiJliies due to recent erganizanoh'a; changes in the Office of me Secretary cl the Depart m_e_n_t of Comme/rce. \\ crriCrr-T /DATE: vNovember 30. 1978. j changed to read "Office of Procure ment and Automatic DLta Processing MaTiagement/" Wherevej^the organiza tional title 7Office of Automatic Data Processing /Management^ (OADPM) appears, it As changed to neac "Office of Procurement and AutoV.taiic Data Processing' Management' (OPdiADPM) S 13-l.t'U.1Ji -3 (Deleied ] 22. The footnote to Table Z-l. "Tor control at general room air. biologic monitoring is essential for personnel control." is deleted. B. Table Z-2: 1. In the entry for "Cadmium fume." the entry under the heading "accept able ceiling concentration" is correct ed to read "0.3 mg/M'". 2. In the entry for "Formaldehyde." the words "10 ppm" which appear di FOR FUFJTHER INFORMATlON CONTACT/ Charles/Carter. Procurement Ana lyst. UjS, Department of Commerce, Washington. D.C. 20230: RoVm-6414; <202)^77-3891. \ SnPELZMENTAP.T INFORMATION: `his/amendmeni of the Department of /Commerce Procurement Regula tions (DOCPF.) provides necessary ^ 13-1/0G5-3 "Limitation an devi- ation."/is deleted as no longeV neces- / \ Datfed: November 30. 1978. \ Approved for Issuance by: \ Elsa A. PorteV. /Assistant Secretory /or Adminis tration, Depcrtniczit of Co!vt- merce. \ rectly after "5 ppm" in the "Accept changes to specific DOCPP. Sections P. Doc. 78-34281 Filed 12-7-78; E:45 atV) .I .FEDERAL REGISTER. VOL 43, NO. 237--FRIDAY, DECEMBER 6, 1978 0'33" OOe 00