Document 6BjxoxzgYQRG8ErpMODeerrom

Interoffice Communication To From Oate Subject A1 Sather s Tom Grumbles September 10, 1980 LEAD STANDARD Cconoco) Enclosed is a copy of the page of the court decision on the lead standard that makes specific: reference to the plastics industry. As we have discussed, this means the stay is still in effect for us and we must only continue to meet the PEL of 50jjg/m3 by some combination of engineering, work practice, and respirator controls. Also enclosed is a memo from the legal department affirming our opinion. \ Thomas G. Grumbles /yp CCR 000002600 /^o.t-O-Note. (conoco) To Jm /<T&umkL& Oh From Dept Conoco fnc. P. 0. Box 2197 Houston, TX 77001 - Udtfh_______ dmohanti?, us? Udd hj-J (OZfbti)Q-ty-26 ~ Zllhdej a flefeoW (fttvim d fk Mhtfcd (olumbiA Af?Jb6 tejy>ahdm^ ib ---------falCkk----------4------- ^ I t------------ USa------- ^ J> dpph'ed to CjLyfair) ih-cLoiTbEi) -j-he ^4J}\cm&Ms cd hk ftiad {td, *Z "" _ " `" ------------- i/^l/udtuX pld^Tfcs uda^un [hdjjsfru, dejidind Ot/T^r, GsUrf; Ife 5<3 1& be fhoJ- y <fofhz (Lyrnbi^afiSh M tiUK/ne&ina *1X7Zk^ Reply UjvrLpfaZIfLfLS/ tudj hezp/telfer . Date k&j~ b<L buusuj 4 Lfw htirf ^fyyTKii^ <dfyvdzfuhi. Send white & pink copies with carbons intact white copy is returned with reply. V51X3, 7-71 1 j "By t CCR 000260i OtoFM'S-l5'-*0 S'Date Received: ^nttrii Biatia (Emirt nf Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 79-1048 United Steelworkers of America, AFL-CIO-CLC, PETITIONER V. F. Ray Marshall, Secretary of Labor, United States Department of Labor, and Doctor Eula Bingham, As sistant Secretary for Occupational Safety and Health, United States Department of Labor, respondents Cast Metals Federation, International Union, United Automobile, Aerospace and Agricultural Imple ment Workers of America, United Steelworkers of America, AFL-CIO-CLC et at., Shipbuilders Coun cil of America, Oil, Chemical and Atomic Workers International Union, AFL-CIO, Dixie Metals Com pany, National Constructors Association, General Motors Corporation, Bunker Hill Company, Stand ard Industries, and Schuyioll Metals Corporation, INTERVENORS Petitions to Review the Occupational Health Standard for Lead Promulgated by the Secretary of Labor Argued November 1,1979 Decided August 15,1980 245 5. OSHA failed to present substantial evidence or ade quate reasons to support the feasibility of the standard for the following industries: nonferrous foundries; pig ment manufacture; shipbuilding; auto manufacture; solder manufacture; wire patenting; pottery; brick man ufacture ; agricultural pesticides manufacture; leather manufacture; pipe galvanizing; gasoline additives manu facture; linoleum-rubber-plastics manufacture; paint spraying; ammunition manufacture; smelting and refin ing of zinc, silver, gold, platinum, copper, and aluminum; machining; lead burning; glass manufacture; textile manufacture; book binding; steel alloy manufacture; terne metal manufacture; glass polishing and spinning; cutlery manufacture; diamond processing; plumbing; jewelry manufacture; pearl processing; casting; cable coating; electroplating; explosives manufacture; lamp manufacture; sheet metal manufacture; tin rolling; tele communications; and independent collecting and process ing of scrap lead (excluding collecting and processing that is part of a secondary smelting operation). We remand the record to the Secretary of Labor for reconsideration, in the light of this opinion, of the feasi bility of the standard for the industries listed in the previous paragraph. The Secretary shall return the rec ord on the feasibility of the standard for these industries, with sufficient evidence and fuller explanation, within six months of the issuance of this opinion. In the interim one portion of our March 1, 1979 partial stay of the lead standard shall remain in effect: For those industries listed in the previous paragraph the stay of Section 1910.1025 (e) (1) of the standard, which requires compliance with the PEL by engineering and work practice controls, shall remain in effect. These industries, however, shall be immediately required to meet the PEL of 50 ug/m* by some combination of engineering, work practice, and respirator controls. cc* 000002603