Document 3jdgeoZx4G7BK00wpMvEGYmO

MEMORANDUM To From Date Subject See Distribution R. Roby - GV July 20, 1978 OSHA - BENZENE REGULATION AMENDMENT PLAINTIFF'S EXHIBIT DISTRIBUTION: L. Reber - PB R. Williams - PP D. Major - DC F. Burris - PS H. Cowart - FG W. McClung - PK G. Davis - FK C-R.Dickinson - PJ R. Hines - PV J. McAnulty. -- FO J. Hixon F. Wood P. Knight A. Carmen D. Clay K. Colvin A. Marsh T. Miller G. Sayres L. Weaver -- BB - BBR - BBM - Mastic Div. - MB - MS - MK - MJ - MV - BBH J. Fitzpatrick E. Keyser E. Raymond M. Clark R. Houghton T. Kosewski J. Anderson R. Hawkins L. Coffey C. Schroeder D. Suva R. Flynn J. Farnik R. Maloof M. Rovendro J. A. Murphy G. Dusty J. J. Murphy R. Roby - FM - FW - PM - FX2 - FXL - DL - Chicago Rfg. - Franklin Rfg. - St. Matthews - Franklin Mastic - MP - CPC - Chicago Rfg. - San Mateo - Chicago Rfg. - FX2 - BE - BA - GV BIRD 012556 RULES AND REGULATIONS 27971 eight similar to that of benzene, 5 percent by volume is similar to 5.0 percent'by weight. It isNate agency's judgment that much of tfifevNational Tank Truck Car rier's Association's concerns regarding the imposition o&the provisions of the permanent standaM on their members will be substantiallysrelieved as users of various liquid mixtures demand products containing lessvthan the- pre scribed percentage levels^pf benzene, m the absence of the exerkise of au thority by the Department df Trans portation in this matter, 1910.1028, as amended, applies to this iaokgtry (sec. 4(b)(1)). Effective Date This amendment is effective immedi ately on June 27, 1078. Since this amendment is a rule granting an ex - emption, the Administrative Pro dure Act (5 U.S.C. 553) does noj/require a 30-day period beforer the amendment becomes effective/Section 533(d)(1) of the APA exempts rules which grant an exemption/ir relieve a restriction from the requirement that publication of a substantive rule be made not less than 3(7 days before its effective date. This amendment exempts from the.permanent benzene standard operations Utilizing liquid mixtures of OAgfercent or less (0.1 per cent or less After 3 years). Without this amendment, all employers with such opej^tions would be required to implement the various protective re quirements of the permanent stand ard,yAuch as initial monitoring, train band recordkeeping. The amendnt relieves them of this burden. In addition the amendment exempt from the labelling requirements liqmd mixtures which are already packaged in containers and which contajn 5 per cent or less benzene. Such containers would otherwise be subject to the la belling requirements ot/aa& standard. The amendment, therefore, relieves employers of the requirements to label these containers. Accordingly, th4se amendments are effective June/27, 1878. As with the other operations exempted from 1910.1028/the benzene standard con tained in/rabie Z-2 of S 1910.1000 will contlnu^ to apply to the operations exempted by the amendments. ItoOh'ihe publication of this amend ment, the limited administrative stay lopted by OSHA in conjunction with lis rulemaking (43 FR 12891) is no longer in effect. VH. Authority This document was prepared under the direction of Eula Bingham, Assist ant Secretary of Labor for Occupa tional Safety and Health, TLS. Depart ment of Labor, 200 Constitution Avenue NW,, Washington, D.C." 20210. Accordingly, pursuant to section 4(b)(2) and 6(b) of she Occupational Safety and Health Act of 1970 (84 Stat. 1592, 1593, 29 tLE.C. 653, 655), the specific statutes referred to in sec tion 4(b)(2), Secretary! of Labor's Order No. 8-76 (41 FR 25059), and 29 CFR Fart 1911. Part 1910'qf'Title 29, Code of Federal RegulationsTwLhereby amended by adding new paragraphs <a)(2)(iit) and (k)(2)(iil> to 29 1910.1028. Signed at Washington, D.C., this 21st day of June 1978. Eula Bingham, Assistant Secretary ofLabor. Part 1910 of Title 29 of the bode of Federal Regulations is hereby amend ed by adding a new paragraph (a)(2)(iii) and a new paragraph (fc)(2)(iU) to 1910.1028 to read as fol lows: 1910.1028 Benzene. (a) Scope and application. * * * (2) This section does not apply to: * i* (iii) Work operations where the only exposure to benzene is from liquid mixtures containing 0.5 percent (0.1 percent after June 27, 1981) or less of benzene by volume, or the vapors re leased from such liquids. .* * * (k) Signs and labels. * * (2) The employer shall assure that caution labels are affixed to all con tainers of benzene and of products containing any amount of benzene, except: ***** (iii) Liquid mixtures containing.5.0 percent or less benzene by volume which were packaged before June 27, 1978. (Secs. 4,6,84 Stat. 1593 (29 TJ.&C. 653, 655); Secretary of Labor's Order 8-76 (41 FR 25059): 29 CFR Part 1911.) CFR Doe. 78-17633 Filed 6-21-78; 3:16 pml FEDERAL REGISTER, VOL 43, NO. 124--TUESDAY, JUNE 27, 1978 BIRD 012557