Document 3rj3Z4MbZ3x1EbYxB7KG972E

U,vrV! CMd'-it 12.342 RULES .AND REGULATIONS Titfe 29--Labor CHAPTER XVII--OCCUPATIONAL SAFETY ANO HEALTH ADMINISTRATION, DE PARTMENT OF LABOR PART 1919--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Emergency Temporary Standard far Exposure to Vinyl Chloride 1. Background, Vinyl chloride (chloroethere), Chemical Abstracts Service Registry No. 75015. Is a synthetic chemi cal made by oxvchlorlnatlon of ethylene or by hydrochlorination of acetylene. It Is the parent compound of a series of thermoplastic resin polymers and co polymers which are widely used for con tainers, wrapping tissues, electrical in sulation, pipe, conduit and a variety of other products. Vinyl chloride has been made commercially in this country since 1939 and present production Is In excess of seven billion pounds per year. Vinyl chloride (VC) Is a gas at am bient temperature and pressure and Is a chlorinated hydrocarbon which has mod erate liver toxicity. The present standard sets a celling value of 600 parts per million (onm) (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 (NIOSH) that the B. P. Goodrich Chem ical Company reported that deaths of several 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 NIOSH and a Joint Inspection of the plant by OSHA, NIOSH, and the Ken tucky Department of Labor, a fact-find ing hearing on possible hazards involved with the manufacture and use of both VC and polyvinyl chloride was an nounced on January 30, 1974 (39 FR 3874). qnri held nn February IS 1074 2. Carcinogenicity of VC. Information produced at the hearing demonstrated that exposure of laboratory animals (mostly Sprague-Dawley rats) to VC by Inhalation at and below the current OSHA standard of 500 ppm induced tumors. Including angiosarcomas of the liver. Professor Cesare Maltonl, of the Institute dl Oncologla, Bologna, Italy, re ported on a scries of experiments on the effect of exposure of rats, mice, and hamsters to VC at concentrations of 10,000; 6,000; 2,500; 500; 250; and 50 ppm for varying periods of time (TR 43-63). Some of the experiments have been con cluded. and others are still ongoing. The experimental results so far reported are that tumors have been observed In groups of animals exposed to VC at con centrations as low as 250 ppm. No tumora have been observed In the group of ani mals exposed to VC at a concentration of 50 ppm. It also appears so far that the total number of tumors, as well as the numbers of angiosarcomas of the liver, decrease as the concentrations of , VC are reduced to 250 ppm. Finally, another experiment by Professor Mal tonl is underway Involving the exposure of 300 animals to VC at concentrations of 60 ppm, in order to assess In a more definitive way whether that level of ex posure produces tumors In nnlmalsTData reported by Torkei on, Cyen and Rowe (American Industrial Hygiene Associa tion J 22:354-361 (19CD) indicate that exposure to VC at concentrations of 60 PPm failed to Induce tumors In rats, hamsters, rabbits, and dogs/ 6 w 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, and variable exposures to other volatile chemicals, era 93). Some em ployees of Union Carbide Company and Goodyear Company arc also reported In a post-hearing comment from NIOSH dated March ll, 1974, to have had ex posure to vinyl chloride and to have died from angiosarcoma of the liver. Finally, autopsies of four deceased employees re vealed that liver angiosarcoma tumora yen histologically indistinguishable from the angiosarcoma tumors observed in Professor Maltoni's experimental ani mals. It Is concluded therefore, that vinyl chloride is carcinogenic for hu mans. We therefore conclude that the present standard for VC should be lowered from a celling nf 500 nnti> to a celling of 60 ppm for the following reasons: (a)In tight of the evidence referred to above including the Maltonl experi ments demonstrating that VC ts carcino genic In animate at 250 ppm, we conclude that VC must 'he considered carcino genic in man at th6snme level; <b> Although Professor Maltonl did not induce tumora in fos experimental animals at an exposure concentration of 50 ppm, these data do not euppopt'ihe concept that occupational exposure of employees to concentrations of 50 ppm throughout their working lifetime would be without detrimental health effects; (c) The question whether safe levels of exposure to carcinogens exist for hu mans and. If so. what such levels would be, is the subject of continuing scientific deliberation. In the cose of VC. Profes sor Maltonl did not observe tumors In bis animals at exposure concentrations of 60 ppm. In addition. Torkclson. Oycn. and Rowe found that exposure to con centrations of 50 ppm of VC lolled to in duce tumora In rats, hamsters, rabbits, and dog*. Accordingly, there ts Insuf ficient evidence at inis time to conclude tliat VC at concentrations of 50 ppm or below poses a grave dan-r to humans! <d) The emerge ncy temporary stand ard adopted represents n substantial re duction In the permissible level of expo sure and, In our practical judgment. Is the lowest level that can dc complied with immediately: and (c) This standard will be In effect for a period of no longer than six months, during which Ume the whole question of possible safe exposure of humans to VC will be reconsidered mere fully and In the light of more Information, Including experiments which are under way at tills time (TR 47. 49,71-74). aXpetitioru for ar. emergency, frrnno- fAGf ttandtrfL In a Iflxrnn tr> the As sistant Secretary of Luhn. received on or about March 14, kits, (he Fre-id-nt of the United Rubber Wmhers interna tional Union urged ti e Mt'ibl's*--rent of an emergency temporaly st'm'r-j ter VC. During the hearing of Debt nary 15 1974, the Industrial Urlm D'nrtr.rcnt, AFL-CIO, and the United Rubber Work ers International Union made a joint petition for an emergency tempo-my standard for VC (TR 171-148). y>:lcli was also Joined by the Oil, Chemical and Atomic Workers International Union (TR 37). At the same hearing, several participants urged, on the olher hand, a regular rulemaking proceeding re the most suitable for the orderly develop ment of relevant Information (TR 112, 180)J tfEe petitions for an rmcrgmvry tem porary standard specified in detail the contents of the standard requested. In substance, the request Is to Issue a com prehensive fully-developed standard based on the recommendations of the Standards Advisory Committee on Car cinogena submitted to the Assistant Sec retary of Labor on or about August 27, 1973. The recommendations are farranging, and cover special categories of operations, signs and labels, medical sur veillance, reporting, etc., including a per mit system for the use of a carcinogen. We agree that an emergency tempo rary standard Is necessary; we cannot say on the basis of the information devc'oped so far that a comprehensive standard, such as the one requested. Is either neces sary or even desirable. It has been de cided to promulgate a standard contain ing 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 6 (b> end (c) of the Act can be concluded. The rea sons for a decision to establish a celling value of 60 ppm have already been stated. A decision on other possible, ap propriate provisions Is best made after consideration of all relevant data end views that interested persons may sub mit during the proceeding coon to be Initiated. With respect to arguments in ot posi tion to Issuance of an emcrrcncy tem porary standard, the concern and efforts of several companies partidpetlny at the hearing for the protection of thrlr em ployees are recognized. It may also be that some employers in some plants have fully complied with the tnreil n controls recommended by NIOSH on J weary jo. 1974. There Is. however, recron to believe that employees are currently iclng_eiPosed to VC at concentrations wc'.l above 50 ppm. This was asserted rmrehl tlrr.es at the hearing, and not sctiomty ques tioned. Moreover, a report. dmd March 1974, of a survey by the staff of the dike of Standards Development, otha, of several facilities manufaeturiry VC and polyvinyl chloride revealed concentra tions for.some Job classification n high as 229 ppm. Therefore, a reg-jW-n u considered necessary to provide, lmm 11ately, adequate protection to workc.s es- HDEXAl MOISTU, VOL 3*. M*. ST--fStDAY, AMU S, 1*74 ASI 000010966 RULES AND REGULATIONS 12343 posed to VC. Al:o. the eight-hour, time- welgUted average standard suggested by several participants at the hearing (see, for instance, TO 178), has been rejected. The March 1974 report of the survey re vealed that several kinds of work or op erations are of short duration. Loading or unloading of a tank car may require approximately 10 minutes. The cleaning of a reactor may require approximately half an hour. An eight-hour, timeweighted average standard would permit exposure to VC at concentrations of 400 ppm for one hour, finch upward excur sions, several times the 50 ppm level, can not be permitted to occur. 4- Tkl' standard. The standard set out below contains only the requirements deemed necessary to provide protection before the conclusion of the rulemaking proceeding to be commenced shortly. Because exposure to VC is hazardous, and because such exposure can occur in the processes of synthesizing or polym erizing of VC or in the handling of VC polymers or copolymers which contain absorbed VC, this standard applies to all such processes and to the handling, re acting. manufacturing- processing, re leasing. repackaging, or storage of any of these materials. The monitoring require ments serve two purposes, to trigger into operation a compliance program and to check the effectiveness of the program. Also. engineering.controls_a re favored for compliance, and respirators are intended lo provide protection until such controls can be installed or In coses where such controls are not feasible. Accordingly, by reason of the foregoing and on the basis of the record of the hearing of February 15, 1974, with ex hibits. the written submissions received before the hearing pursuant to the notice of the hearing, the post-hearing written siibrT'.lvMons by the participants at the hearing, the March 1974 report of a factfinding survey recommendations received from N'lO&lt. and the other data referred to hertin.iH U found < 1 > that VC at con centrations In exre's of 50 ppm Is physi cally harmful and carcinogenic; (2) that exposure to VC at concentrations In ex cess of a concentration of 50 ppm poses a tm-.e danger to employees; f 3) that em ployees are presently exposed to VC at concentrations In excess of 50 ppm; and <4* that the emergency temiwrary stand ard set out below r= necessary to provide immediate protection to employees from such danger, i Pursuant to section 6(c) of the OccuPJtljnal Safety nnd Health Act of 1970, a proceeding will commence shortly In accordance with section 6(b) of the Act, In which the emergency temporary tt.tndard will serve as a proposed rule, together with other subsidiary rules. As wxm as possible a draft environmental impact statement Mill be filed with the president's Council on Environmental ijiallty, and copies will be provided to usher appropriate Federal agencies for their comments. .Thirsuant to sections 6(c) nnd 8(c) (3) the Wllllams-Stciger Occupational Bnrety and Health Act of 1970 (84 Stat. ISM. 1599; (29 U.8.C. 655, 657)), and Secretary of Labor's Order No. 12-71 (36 <4) Employee observation of monitor FR 8754). 29 CFH Part 1910 Is amended ing. Employees working in an area or by adding thereto a new 5 19io.93q to operation whose ambient air Is moni read as set forth below. In addition, pur tored, or their representatives, shall be suant to section 4(b)(2) of the Act (84 given a reasonable opportunity to observe Stat. 1592; (29 U.S.C. 633)), the stand the personnel monitoring required by ard In the new I I910.93q is determined this section. to be more effective than the corre 5) Recordkeeping. Thu results of ell sponding standards now in Subpart B of monitoring shall be recorded in writing. Part 1910. in Parts 1915. 1916. 1917, 1918, The records shall be retained for at least and 1926 of title 29, Code of Federal Reg 5 years and shall be made available for ulations, and in Part 50-204 of Title 41 of Inspection and copying by representa the Code of Federal Regulations. There- tives of the Assistant Secretary of Labor fore, these correspondsK_siandards. are for Occupational Safety and Health superseded^ by the new standard in and the Director of the National Insti rrai0.93q. " * ` tute for Occupational Safety and Health "ITln 29 CFR Part 1910. 5 1910.93 la (NIOSH). amended by deleting from Table 0-1 the (6) Employee access. Each employee line: " * C Vinyl chloride * * 500 and former employee shall have access to * * 1300". such records of the results of monitoring 2. Part 1910 of Title 29 of the Code required by this section as will Indicate of Federal Regulations Is amended by his own exposure to airborne concentra adding thereto a new 11910.93q to read tions of vinyl chloride. as follows; (7) Employee notification. Each em 1910.93q Vinyl chloride. ployer shall promptly notify any em ployee who has been or is being exposed (a) Scope and application. (1) This to vinyl chloride la concentrations in ex section applies to any area or operation cess of 50 ppm. and shall Inform him of in which vinyl chloride (chloroethene), the corrective action being taken. Chemical Abstracts Service Registry (d) Compliance. (1) Whenever anv Number 75015, is manufactured, reacted, monitoring sample reveals vtnvl chloride handled, processed, released, repacked, at a concentration in excess of 50 ppm. or stored. or whenever any accident, such as rup (2>, This section (Joes not appjyjo the ture of equipment or spillage, indicates handling, storage, or other use of vinyl the likelihood of a greater than usual chloride polymers and copolymers in the release of vinyl chloride Into the ambient form of fabricated products. air, all employees exposed to such con (b) Permissible exposure. The occupa centrations shall be withdrawn to a safe tional environment shall be controlled so area and shall not be permitted to re that no employee is exposed to vinyl enter the work area unless they wear chloride at a concentration In excess either Type C continuous flow or pres of 50 parts per million (ppm) (127.0 sure demand air supplied respirators or mg/cum). self-contained breathing apparatus (c) Monitoring--(l) initial monitor 12) .Work which may reasonably lie ing. As soon as possible but not later than expected to release vinyl chloride in con April 22, 1974^every employer of an em- centrations ilEeJCfiestoflS-Ppu). sreh as ployee working In an area or operation In repair, maintenance or cleaning of re which vinyl chloride Is manufactured, re actors or other equipment contrinlng acted. handled, processed, released, re vinyl chloride, shall be accomplish 1 only packed. or stored shall begin monitoring by employees wearing Type C coni i rj ous the ambient air of the area to determine flow or pressure demand air supplied res- whether It contains vinyl chloride In con plrators or self-contained breathing ap centrations in excess of 50 ppm, paratus. (2) Frequency-Monitoring of a sum-' (3) In any case covered by para cient number of employees so that a graphs (d)(1) or (d)(2) of this section, representative sample of exposures to in addition to providing the required vinyl chloride may be determined shall respirators, the employer shall examine be accomplished not less frequently than .and analyze the source of the excessive weekly until all results for three crtnrwu- concentrations of vinyl chloride in order tive weeks are at or below 50 ppm. Therc- to determine feasible engineering or op after. monitoring shall be conducted not erational controls appropriate to redu-e less frequently than monthly so long as the airborne concentrations to the per- the concentrations of vinyl chloride do mlssable level. Such controls shall be not exceed 50 ppm. If a monitoring sam implemented as quickly as pos-dbli*. ple reveals vinyl chloride in concentra <4) Periodic tests shall be conducted tions in excess of 50 ppm, weekly moni for equipment leaks and for emissions toring shall be resumed until all results of vinyl chloride which may result from for three consecutive weeks are at or be low 50 ppm. (3) Method Of monitoring. Personnel monitoring shall be accomplished by col lecting samples by suitable devices worn by the employee. The samples shall be work practices. , 3. In 29 CFR Part 1910, { 1910.19 Is revised to read as follows: 1910.19 Special provision* for air con taminant*. analyzed by gas chromatography or by (a) Asbestos dust. Section 1910 93a any other method which la of mni'-ninni- shall apply to the exposure of every em sensitivity. The analytical procedure ployee to asbestos dust in every emplnv- shall be sensitive to 5 ppm of vinyl chlo ment and place of employment covered ride In air with an accuracy of 20 per by I 1910.12. 11910.13. 11910 14. cent for a ten minute air sample. I 1910.15, or 11910.16, In lieu of any <ltf- Ho. 97--pt. i- FEOIIAl REGISTER, VOL. 39, NO. 67--FRIOAV, AMU 3, 1*74 ">T fJ fV.'RJ Eat AS I 000010967 123 It RULES AND REGULATIONS ferent standard on exposure to asbestos dust which would otherwise be appli cable by virtue of any of those sections. <b> Vinyl chloride. Section 1910.93q shall apply to the exposure of every em ployee to vinyl chloride In every employ ment and place of employment covered by 1910 12, | 1910.13, g 1910.14, 11910.15. or { 1910.16, 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. Effective date. These amendment shall become effective on ApriT571974. (Sees. 4, e. and 8, 84 Stat. 1562. 1596, 1599 (39 I7SC. 653, 655, 657); Secretary of Labor's Order No. 13-71,36 FE 8754.) Signed at Washington, DC., this 2d day of April 1974. John Stender, Assistant Secretary of Labor. (7R Doc.74-7890 Filed 4-4-74:8:45 am] Title 32A--National Defente, Appendix CHAPTER X---OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR (Oil Import Reg. 1 (Rev. 5), Amdt. 651 OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared In the Federal Reg ister on February 11, 1974 (39 FR 5193) a proposal to amend several sections of Oil Import Regulation l (Revision 5). as amended. Amendment 64 to Oil Import Regulation 1 (Revision 5) made the chances related to the proposed rulemak ing for all sections except for sections 29 and 33. both of which pertain to Ca nadian imports. Publication of amend ment of sections 29 and 33 was deferred until discussions could be held with the Canadian government to determine their export policy. Those discussions have been concluded. The Canadian govern ment plans to continue to control ex ports along the lines of their present controls for at least through September 1974 at which time the method of con trol may be modified significantly. Ac cordingly. Interested parties should note that, although sections 29 and 33 are written to provide allocations for the entire allocation period May 1. 1974 through April 30.1975, licenses will only be Issued Initially for one half of the May l, 1974 through April 30, 1975 al location period and the licenses will only be 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 that 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 64 the three tier system proposed for making allocations under section 29 did not receive complete acceptance. Also, the proposed change to section 29 was predicated on a continuation of the Federal mandatory crude allocation pro gram In Its present form. The Federal Energy Office has now proposed changes to that program. For these reasons Jt has been decided to retain the historical basis for making allocations of Canadian imports into Districts I-IV. The 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 with the exception of the licensing periods referred to above. This amendment also amends section 3 to provide that entnes 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. Vogely, Acting Deputy Assistant Secretary of the Interior. Approved William E. Simon, Deputy Secretary of the Treasury. A new paragraph <f) is added to sec tion 3 to read as follows: Sec. 3. Allocation periods. (f) Notwithstanding the provisions of paragraphs (a) and <c) of this section Sum of each eligible applicant's allocation of Canadian Import* in 1973 pursuant to sec tion 33 and irctton 31-expressed In barrel! par day ----------- - Sum of aU allocation! of Canadian Import! In 2973 pursuant to section 33 and section 31-expreseed In barrele per day (2) The Director shall Issue before May 1, 1974 to each eligible applicant a license equal to one half of the allocation calculated pursuant to subparagraph (1) of this paragraph. Such licenses shall ex pire on October 31, 1974 unless extended by the Director. The Director shall Issue before November 1, 1974 a second license to each eligible applicant equal to the remainder of the allocation calculated pursuant to subparagraph (l) of this paragraph. Such licenses shall expire on April 30, 1975. (eMl) Except ns provided for in subparagraph (2> of this paragraph a per son who Imports Cnnndlnn imports must process all such imports In his own facil ity. For the purpose of this paragraph, blending by me< h.mtcal means does not constitute processing. (2) (1) Canadian imports may be ex changed on a barrel for barrel basis for other Canadian imports but each person receiving crude oil or unfinished oils In the exchange must process the crude oil entries for consumption of Canadian Im ports by pipeline may be made 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 Is amended In Its entirety to read as follows: Sec. 29. Canadian Imports--District! I-- IV. <a> As used In this section, the terra "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-lv a facility capable Of processing Canadian imports. (c) The Director shall, in accordance with the terms of paragraph <d)<l) of this section, make allocations for the al location period May l, 1974 through April 30, 1975 of not to exceed 762,000 average barrels dally of Canadian im ports Into Districts I-rv. <d) (1) The Director shnll make al locations not subject to Urease fees of Canadian Imports to eligible applicant! 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 lx accordance with the following formula: x 763,000 barreb/day or unfinished oil received In his owi facilities. Settlements, credits, monetary or accounting adjustments reflecting th< relative values of the oils Involved in th< exchange are permissible. (11) Canadian Imports which are sole to meet the requirements of regulation! published by the Federal Fnergy Offlci shall not be subject to the provision; of paragraph (e) of this .mciion. it) If a person who receivi s an alloca tion of Canadian imports undT this sec tion falls to Import the total quantlt; of imports specified In the allocation, o: If he falls to process all such Imports (o; Canadian Imports received In exchangi for such Imports) in his facilities be fore July 1. 1975, or if he fails to mee the requirement of paregr <rh <c) of thl section, then any ollocaii' n of Canadlai Imports for Districts I-IV to which sucl person may otherwise be entitled for tb first allocation period beginning aft* April 30.1975 shall be reduced by the Dt rector by the amount of Canadian Im FEDERAL 8IOISTER, VOl. 37, NO. *7--FIIDAV, APRIL 1, 1*74 ASI 000010968