Document 3Q7g0BQBKpwZaEddbq0XGQdxO

m*2 7 RULES AMD REGULATIONS Ti'ib 20--Labor CHATTER xvn--OCCUPATIONAL SAFETY A'f> ITM.ni Ar.MlniSTftATION, DE- FARTM'l'MT OF LAEOR PART IP 10-- OCCUPATIONAL SAFETY AMD HEALTH STANDARDS Emergency Temporary Standard for Exposure to Vinyl Chloride 1. flaKhqrouvfl. Vinyl chloride (chloroethrnc), Chemical Abstracts Service RcGtstry No. 75015. b ft synthetic chemi cal made by ox ve tderi nation of ethylene or by hydrot'hlori'mtlon of acetylene. It is the parent compound of a series of thcuuopJnMic re in polymers and co polymers wlr'rh cro widely used for con tainers, wrapplng tissues, electrical in sulation, pirn, conduit and a variety of other products. Vinyl chloride has been made commercially in this country since 1933 and present production is In excess of seven biijion pounds per year. Vinyl chloride (VC) is a gas at am bient t' mpercturc and pressure and is a chlorinated hydrocarbon which has mod erate liver toxicity. The present standard sets a celling value of 500 parts per m\lllon__(ppm) (29 CFR 1910,93). On January 22,1974, the Occupational Safety and Health Administration was informed by the National Institute for Occupational Safety and Health (NIOSTI) that the 13. P. Goodrich Chem ical Company reported that deaths of severei. of its employees from a rare form of liver cancer may have been occupa tionally related. As a result of this notifi cation, and after consultation with NIOSII and n joint inspection of the plant by OSIIA, NIOSII, and the Ken tucky Department of Labor, a fact-flnd}ng_hea_l!ng on possible hazards involved with the manufacture and use of both VC and polyvinyl chloride was an nounced on January 30, 1974 (39 FR 3074), and held on February 15,_1974. 2. Corciiiopeuicitv of VC. Information produced rt the hearing demonstrated that exposure of laboratory animals (mostly Spincue-Dawley rats) to VC by inhnlstien at and below the current OSIIA standard of 500 ppm Induced tumors, including angiosarcomas of the liver. Professor Cesare Maltonl, of the Inriituto dl Oncolorda, Bologna, Italy, re ported on a series of experiments on the eileet of exposure of rats, mice, ard hamsters to VC at concentrations of 10,000; 0,000; 2,500; 00(1; 250; and 50 ppm for varying periods of lime (TR 43-63). Gome of the experiments have been con cluded, end ollicrs are still ongoing. The experimental results so far reported are that tumors have been observed In groups of animals exposed to VC at con cent ration;; as low as 250 ppm. No tumors have been observed in the group of ani mals exposed to VC at a.concent ration of 60 ppm. It also appears so far that the total number of tumors, as well as the numbers of angiosarcomas of the liver, decrease a.s the concentrations of VC ere reduced to 250 ppm. Finally, ano'her experiment by Professor Mal tonl Is underway involving the exposure of 300 animals to VC at concentrations of 50 ppm, in order to nsrr'": in a more definitive way whether that level of ex posure produces tumors in nnimnl3.mta reported by TotItI cur, Oven and Howe (American Industrial Hygiene Associa tion J 22:354-381 (19GJ>> indicate that exposure to VC at conero tret ions of 60 PPm failed to Induce tumors in rats, hamsters, rabbits, and dogsj The employees of the B. F. Goodrich Chemical Company who died from an giosarcoma of the liver had an average exposure of approximately 19 years to vinyl chloride, at unknown concentra tions, end variable exposures to other volatile chemicals. (TU 93). Some em ployees of Union Carbide Company and Goodyear Company arc also reported in a post-hearing comment from NIOSH dated March 11, 1974, to have had ex posure to vinyl c hloride and io have died from angiosarcoma of the liver. Finally, autopsies of four defeased employees re vealed that liver angiosarcoma tumors were histolosirr.lly indl- Unguishable from the angiosarcoma tumors observed in Professor Maltoni's experimental ani mals. It is concluded therefore, that vinyl chloride in carcinogenic for hu mans. We therefore conclude that the present standard for VC should be lowered from a celling of 500 nnin to a ceiling of 50 ppm for the following reasons; (a) In light of the evidence referred to above Including the Maltonl experi ments demonstrating that VC is carcino genic in animals at '.',50 ppm. we conclude that VC must be cceridered carcino genic in man at the rmr.r )e\el; (b) Although Professor Melton! did not Induce tumors in his experimental animals at an exposure concentration of 50 ppm, these data do not ruppoptrilie concent that occupational exposure of employees to rnnrent'.vi'ons of 50 ppm throughout their am king lifetime would be without detrirre-t:d health ciTccts; (c) The question w.Vhcr eafe levels of exposure to corcino ,ens exist for hu mans and, If so. what ctu'h levels would be. is the subject of continuing scientific deliberation. In the ca:c of VC. Profes sor Maltonl did not otrenc tumors in his animals at expostue ccmccni rat ions of 50 ppm. In addition, Torkris'm, Oycn. and Rowe found tlj.it expo me to con centrations of 50 ppm of VC failed to in duce tumors in tari., i.amricrs, rabbits, and dogs. Accordingly, there h insuf ficient evidence a; Hi's tune to conclude tliat VC at concent; .uinm r! 50 ppm or below pores a grave iIjmtt to hutnans, (d> The emeriti hey temporary f.-tand- ard adopted represents a sub buntlal re duction In the permL.v.ble level of expo sure and, in our prmH xvl htdgraent. is the lowest level that ran be complied with immediateh': and <c> Tills standard will tic In effect for a period of no lor.'-M thru ri\ months, during whlcii time H.e v hole question of possible safe explore < f humans to VC will be reconsidered mme fully nnd In the light of more information, Including experiments which r.re imdcr wnv at this time (TR 47, 49, 71-74). 3,r~PetiUonjJar an emergency. tempo* vary standard. In a tcb'cvcw fo the As- 1 slstant Secretary of Lab-'i', received on or about March 14, 197*, nic j-ic i.Icnt ;* of the United Rubber Wmkers interna tional Union urged the rst'ibl'rhTueiit of ' an emergency temporary rHunVui tor v VC. During the hearing of rebicary 15, 1974, the Industrial lir'en D-Ji-'-Hscnt, AFL-CIO, and the United Rubber Work ers International Union made a joint petition for an cmerfcuey tempo my - N standard for VC (TR 141-148), which was also joined by the Oil, Chemical and Atomic Workers International Union. (TR 37). At the s.inr hearing, several participants urged, on the other hand, a regular rulemaking proee-'llng rx the most suitable for the ovderiy development of relevant Information (TR 11Z, ISO)-f The petitions for an emergency tem porary standard spocifb a in detail the contents of the standard rreur-.tcd. In substance, the request is to Issue a com prehensive fully-developed standard based on the recommendations of the Standards Advisory Committee on Car cinogens submitted to the Assistant Sec- . retary of Labor on or about August 27, 1973. The recommendations ore far- ranging, and cover sreobi categories of operations, signs and label.-, medical sur veillance, reporting, etc., including a per- ,. mit system for the use of a carcinogen. We agree that an emevrenoy tempo rary standard Is necessary; we cor.nct ray ` ' on the basis of the Information dev^'aned so far that a comprcbcu^ve standard, such as the one requested. b either neces sary or even desirable. It has been de cided to promulgate a standard contain- ` lng only those essential provisions which are deemed necessary to provide protec tion to employees from grave danger until a regular rulemaking proceeding In , accordance with sections G (b) rnd (c) of the Act can be concluded. The rea sons for a decision to establish a ceding value of 60 ppm have already been stated. A decision on other pocdble, ap propriate provisions Is best made after consideration of nil relevant data end views that interested persons may sub- mit during the proceeding coon to be initiated. With respect to arguments in 01 posi tion to issuance of an emerreney tern- porary standard, the concern and efforts of several companies participating et the heaving for the protection of their em ployees are recognized. It may cJso be , that some employers in some plants have ., . : fully complied with the lnfcri n controls J recommended by NIOSII on January 30, 1974. There Is, however, reason to believe 1 , that..employee's are"currently .bebjg_.es- ; posed to VC at concentration a uadi above 60 ppm. Tills was asserted revcrnl times at the hearing, and not seriously qr.e.s- , Honed. Moreover, a repert, dated March 1974, of a survey by the staff 0/ the Office , of Standards Development, oniA, of ] several facilities manufacturing VC and I; polyvinyl chloride revealed concentre,* `' tlons for.some Job cl'uMficrMona or high \ as 228 ppm. Therefore, ft regulation Is considered necessary to provide, ininu di- ately, adequate protection to workers ex- .; FEDERAL REGISTER, VOL. 37, NO. 67--FRIDAY, AFRIl 5, 1*74 AS I 000017390 RULES AND REGULATIONS 12313 posed to VC. Al:o, the eight-hour, time- Secretary of Labor's Order No. 12-71 (30 (4) Employee, nbsenmtinn of monitor-, weighted average fitinrtard suggested by FR 8754). 29 CFR Part 1910 is amended ing. Employees working in am area or several pntUeiponb" at the hearing (see, by adding thereto a new 5 1910.03(1 to operation whose ambient air is moni for instance, IK 178>, has been rejected. read as set forth below. In addition, pur tored, or their representatives, shall lie Tho March 1 f>71 report of the survey re suant to section 4(b)(2) of tbc Act (84 given a reasonable oppoi lunity to observe vealed that several hinds of work or op Stat. 1593; (29 U.3.C. 053)), the stand the personnel monitoring required by erations arc of short duration. Loading ard in the new 5 1910.93q is determined this section. or unloading of a, tank car may require to be more effective Ilian the corre (5) Recordkeeping. The results of all approximately 10 minutes, 'lhe cleaning sponding standards now in Subpart II of monitoring shall be recorded in witting. of a reactor may require approximately Part 1910, in Parts 1915, 1916, 1917,1918, The records shall be retained for at least half an hour. An eight-hour, time- and 1926 of title 29, Code ot Federal Reg 5 years and shall be made available for weighted average `.tan.lard would permit ulations, and in Part 50-204 of Title 41 of inspection and copying by representa exposure to VC at concentrations of 400 the Code of Federal Regulations. There tives of the Assistant secretary of Labor ppm lor one hour. Rueh upward excur fore, these corresponding standards are for Occupational Safety and Health sions, several times the 50 ppm level, can superseded by the new standard in and the Director of the National Insti not be permitted to occur. 5 1910,93q. tute for Occupational Safety and Health 4 The standard. The standard set out 1. In 29 CFR Part 1910, 5 1910.93 Is (NIOSH). below contains only the requirements amended by deleting from Table G-l the (6) Employee access. Each employee deemed necessary to provide protection line:.......... .... Vinyl chloride * * * 500 and former employee shall have access to before tbc conclusion of the rulemaking * * * 1300". such records of the results of monitming proceeding to be commenced shortly. 2. Part 1910 of Title 29 of the Code required by this section as will indicate Because exposure hr VC is hazardous, of Federal Regulations is amended by his own exposure to airborne concentra and because such expo,tire can occur in adding thereto a new 5 1910.93q to read tions of vinyl chloride. the processes of synthesizing or polym as follows: (7) Employee notification Each em erizing of VC or in the handling of VC polymers or copolymers which contain ab.mtbed VC, tins standard applies to all such processes and to the handling, re acting, manufacturing, processing, re leasing, repackaging, or storage of any of these matetmis. The monitoring require ments sene two purposes, to trigger into opeialien a compliance program and to check the cflertivcness of the program. Aha. engineering controls are favored for compliance, and i espirators are intended to provide protection until such controls can be installed or in rases where such contioh are not- feasible. Accordingly, bv rrason of the foregoing and on the be'is of the record ot the heat mg of Februmy 13, 1974, with ex hibit , use written submissions received Itrft'ic (tie beaut"; pmsuunt to theriotlec 10I0.93q Vinyl vliloriile, (a> Scope and application, (l) This .section applies to any area or operation in which vinyl chloride (ehloroetbene), Chemical Abstracts Set vice Regist ry Number 75015, is manufactured, reacted, handled, processed, released, repacked, or stored. (21, This section does not apply to the handling, storage, or other use of vinyl chloride polymers and copolymers in the form of fabricated products. <b) Permissible exposure. The occupa tional environment shall bo controlled so that no employee is exnosed to vinyl chloride at a concentration in excess of 50 parts per million (ppm) (127.0 mg 'cum). <c) Monitoring~(i) initial monitor- ployer shall promptly notify any em ployee who has been or is bring exposed to vinyl chloride in concentrations in ex cess of 50 ppm, nnd shall inform him of the corrective action being taken. (d) Compliance. (1) Whenever any monitoring sample reveals vinvl chloride at a concentration in excess of 50 ppm, or whenever any accident, suc h as rup ture of equipment or spillage, indicates the likelihood of a greater than usual release of vinyl chloride into the ambient air, ail employees exposed to such con centrations shall be withdraw n to a safe area and shall not lie permitted to re enter the work area unless they wear either Type C continuous flow or pres sure demand air supplied respirators or self-contained breathing apparatus. (2) .Work which may reasonably bo of the iieaiitv. the post-hearing written ing. As soon as possible but not later than expected to release vinyl chloride in con v.;br,IsMimv bv the participants at the April 22, 1974, every employer of an em centrations in excess of 50 ppm. such as tea: Ur,:, the Mandi 1974 report of a fart- ployee working in an area or operation in repair, maintenance or cleaning of re r.'shu ' ,'ir.ryvrv' mmendations received which vinyl chloride is manufactured, re actors or other equipment coni lining from NIlVH. end th<- other data teferred acted. handled, processed, released, re vinyl chloride, shall be accomplished only to t'crcm. 1' ! i l fir .1 (11 that VC at con- packed, or stored shall begin monitoring by employees wearing Type C conti annus ccntratio'. In tv r >. of 50 ppm Is physi the ambient air of the area to determine flow or pressure demand air supplied res cally harmful and carcinogenic: (2) that whether it contains vinvl chloride in con pirators or self-contained breathing ap expo.urr to \V r,t concentrations in cx- centrations in excess of 50 ppm. paratus. cc.'s ot a concentration of 5(1 ppm poses a (2> Frequency. Monitoring of a suffi (3) In any case covered by para rrave tb-tt'T'T to c::i:*love''s-. (3> that em- cient number of employees so that a graphs (d)(1) or (d)(2) of thl? section, piin res ate presently ryposcrl to VC at representative sample of exposures to in addition to providing the required i or.eenti.il ion:, In excess of 50 ppm; and vinyl chloride may be determined shall respirators, the employer shall examine <4` Hint the emerrency temnorary stand be accomplished not less frequently than ,and analyze the source of the excessive ard jit out. below i access n y to provide weekly until all results for three consecu concentrations of vinyl chloride in order tmmcdl-'.to protection to employees from tive weeks are at or below 50 ppm. There to determine feasible engineering or op emu ilmrci. al ter, monitoring shall be conducted not erational controls appropriate to reduce riiismut to section G'd of (lie Occu pational Safely and Tie..lth Art of 1970, a Pi.-etrdiug wilt commence shortly in xrctmt-mee with section C'b) of the "Act, In whkh the emergency temporary it.iml.ird will serve ns a proposed rule, less frequently than monthly so long ns the concentrations of vinyl chloride do not exceed 50 ppm. If a monitoring sam ple reveals vinyl chloride in concentra tions in excess of 50 ppm, weekly moni toring shall be resumed until ali results the airborne concentrations to tho permissable level. Such controls dull he implemented as quickly as possible. (4) Periodic tests shah be conducted for equipment leaks and for emissions of vinyl chloride which may result from Tether with oilier subsidiary rules. As toon a-, pw'ibte n draft environmental mipa;t tateivcnt, will be filed with the s Council on Environmental -ct'Oty, and copies will lie provided to 'Htar appropriate Federal agencies for ndli comments. tor three consecutive weeks are at or lielow 60 ppm. (3) Method, of monitoring. Frironnel monitoring shall be accomplished by col lecting samples by suitable devices worn by the employee. The samples slum he analyzed by gas chromatography or by work practices, , 3, In 29 CFR Part 1910, 1910.19 is revised to read as follows: 1010.19 Special provi-inns for air con taminant*. (n) Asbestos dust. Section 1910.93a nant to secti"ns (be) and 8(c) (3) ol "le Wtiltmns-Stctger Occupational Safety and Health Act of 1970 (84 Stat. 15S. 1599; (29 U.8.C. 055, 657)), and any other method which is of .equivalent sensitivity. The analytical procedure shall be sensitive to 5 ppm of vinyl chlo ride in air with an accuracy of 20 per cent for a ten minute air sample. shall apply to the exposure of every em ployee to asbestos dust In every employ ment and place of employment covered by ! 1910.12, 1910.13. S 1910.14, S 1910.15, or 1910.16, in lieu of any dif- No. B7--Pt, IIMRAI REGISTER, VOL. 39, NO. 67--FRIOAr, APRIl S, 1974 AS I 000017391 123II RULES AND REGULATIONS ferenl standard on exposure to asbestos dust -which would otherwise be appli cable by virtue ot any of those sections. (b) Vinyl chloride. Section 1910.93(1 shell apply to the exposwe of every em ployee to vinyl chloride in every employ ment and place of employment covered by 5 1910.12, S 1910.13, 51910.14, 5 1910.15, or 5 1910.10, In lieu of any dif ferent standard on exposure to vinyl chloride which would otherwise be ap plicable by virtue of any of those sec tions, F.Qrctivc date. These amendments shall become effective on April 5, 1974. (Bars. 4, 6, and 8, 84 Stat. 1592, 1598, 1599 (29 IIS V. G53, 655, 057); Secretary ol tabor's Order No, 12-71, 38 FE 8754.) Signed nt Washington, DC., this 2d day of April 1974. John Stender, Assistant Secretary of Labor, |fH Doc.74-7890 Filed 4^-4-74;8:45 am] Till's .12A--National Defense, Appendix CHAPTER X-- OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR [OH Import Reg. 1 (Rev. 5), Amdt. 66] OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared In the Federal Recisirn on February 11, 1974 (39 FIT 5193) a propor.nl to emend several sections of Oil import Regulation 1 (Revision 5), as amended. Amendment 64 to Oil Import Regulation 1 (Revision 5) made the changes related to the proposed rulemak ing for aR sections except for sections 29 md 33, both of which pertain to Ca nadian imports. Publication of amend ment of reetions 29 and 33 was deferred until discussions could be held with the Canadian government to determine their export poliry, Those discussions have been concluded. The Canadian govern ment (ileus to continue to control ex ports atom the lines of their present controls for at least through September 1974 at which time the method of con trol may lie modified significantly. Ac cra dinriy. interested parties should note that, although sections 29 and 33 are written to provide allocations for the entire allocation period May 1, 1074 through April 30, 1975, licenses will only be issued initially for one half of tire May 1, 1974 through April 30, 1975 al location period and the licenses will only ho valid for a six month period unless extended by the Director. This procedure will provide for needed flexibility should the Canadian export policy change to the extent Mint it is necessary to further modify the affected sections of the Oil Import Regulation to conform to such changes. As stated In the preamble to Amend ment 04 the three tier system proirosed for making allocations under section 29 did not receive complete acceptance. Also, the proposed change to section 29 was predicated on a continuation of tire Federal mandatory crude allocation pro gram In Its present form. 'Hie Federal Energy office has now proposed changes to that program. For these reasons it has been decided to rela.in the historical basis for making allocations of Canadian imports Into Districts I-TV. Tim major change is a provision that requires that a person having an allocation of Canadian imports must process the entire volume of Canadian imports in his own facility. The changes to section 33 are strictly technical In nature wK.li the exception of the licensing periods referred to above. This amendment also amends section 3 to provide that entries for consumption of Canadian imports by pipeline under a license issued pursuant to these regula tions may be made until midnight of May 15, following the end of the allo cation period In which the license au thorizing such imports from Canada was issued. This fifteen day overlap Is neces sary to prevent disruption of pipeline operations at the end of each allocation period. This amendment 65 becomes effective on April 5,1974. William A. Voc.f.lv, Acting Deputy Assistant Secretary of the Interior. Approved William E. Simon, Deputy Secretary of the Treasury. A new paragraph (f) Ls added to sec tion 3 to read as follows: Sec. 3. Allocation (hthmU. aa * (f) Notwithstanding the provisions of paragraphs (a) and <c) of this section entries for consumption of Canadian Im ports by pipeline may he mad" until mid night of May 15 following expiration of the allocation period In which a license authorizing such Imports from Canada was Issued. Section 29 ls amended In Its entirety to read as follows: Sec. 29. Canadian Imports--Districts I-- IV. (a) As used In this section, the term "Canadian imports" means Imports from Canada of crude oil which has been pro duced In Canada and unfinished oils which have been derived from crude oil or natural gas produced In Canada and which have been transported into the United States by overland means or over waterways other than ocean waterways. (b) To be eligible for an allocation of Imports under this section, a person must have In Districts I-IV a facility capable of processing Canadian imports. (c> The Director shall, In accordance with the terms ot paragraph (d)(1) of this section, make allocations for the al location period May 1, 1974 through April 30, 1975 of not to exceed 762,000 average barrels dally of Canadian im ports into Districts I-IV. (d) (I) The Director shall make al locations not subject to license fees of Canadian Imports to eligible applicants who received allocations of such Imports for the period January 1. 1973 through December 31, 1973, pursuant to section 23 or from the Oil Import Appeals Board under section 21, or from both. Each such applicant shall be entitled to an alloca tion of Canadian imports calculated in accordance with the following formula: Sum ol each eligible oppllrnnt'ii allocation of Canadian imports in 1972 purruant to sec tion 23 and section 21-expressed In barrels per day ----------------------------- ------ ------------------------------------ X 762,000 barrels/day Sum of all allocations of Canadian Imports In 1073 pursuant to s-rilon 23 and section 21-expressed In barrels per day (2) The Dlrcrtor .'hall Issue before May 1, 1974 to each eligible applicant a license equal to one tip if of the allocation calculated pursuant. (<> subparagraph (1) of this paragraph Kuril licenses shall ex pire on October 31, 1974 unless extended by the Direetor. The Director shall Issue before November 1, 1974 a second license to each eligible applicant equal to the remainder of she allocation calculated pursuant to subparauiaph (1) of this paragraph. Earn licenses shall expire on April 30. 1975. (e)(1) Elxcent as provided for in subparagraph (21 cf this paiagrnph a per son who import.; Canadian imports must process all surh imports in his own facil ity. For the purpose of this paragraph, blending by mertiunieal means does not constitute processing. (2) (l) Canadian imports may be ex changed on a barrel for barrel basis for other Canadian imports but each person receiving crude oil or unfinished offs In the exchange must process the crude oil or unfinished oil received in his own facilities. Settlements, credits, monetary, or accounting adjustments reflecting the relative values of the oils involved In the exchange are permissible . (11) Canadian Imports which are sold to meet the requirements of regulations published by the Federal Energy Office shall not be subject to the provisions of paragraph (c) of this section. (f) If a person who receives an alloca tion of Canadian imports under this sec tion falls to Import the tote! quantity of Imports specified In the allocation, or If he falls to process all such Imports (or Canadian imports received in exchange for such imports) in his facilities before July 1, 1975, or if ho fails to meet the requirement of para graph (e) of this section, then any allocation of Canadian Imports for Districts I-IV to which such person may otherwise be entitled for the first allocation period beginning after April 30,1975 shall be reduced by the Di rector by the amount of Canadian im- ! I j , ; i FEDERAL REGISTER, VOL. 39, NO. *7--FRIDAY, APRIL 5, >974 XSl 000017392