Document 7xvxgNnNNa9193d8xbeMqxmV

A CT'fl'l C& and ^CmiCO^ INTEROFFICE memorandum To From G. J. Mantel1 C. E. Blades ---------------------------------------------------------------------- *pR 5 1374 -- -- R& 5 Date April 3. 1974 f Subject Telecon: W. Gwinner. Zapata Cap Liner? for Beer Bottles Trexlertown______ ;______________ (Loeanon, Organization, or Oapartmtnt) Piscatawav_______________________ (Location, Organization, or Daoartmont) Following my discussion with you I called W. Gwinner of Zapata in response to liis inquiry of yesterday. He had no new problems. As I read his concern, it is to be assured that the residual monomer level in PVC now shipped to him and used in his cap liners will not put him at a competitive disadvantage because there is nc oven-curing step in his process. He feels, therefore, that he needs a resin with ''low" monomer content. I reviewed with him the results of my calculation (see my memo of 4/1/74). In effect I told him that providing the resin has less than 500 ppm VCM, the 50 ppb level in beer limitation : will'be met. I established that 50 ppb limit c-omes from the * opinion expressed by SPI in Heckman, letters. I said that we should have no difficulty in meeting the 500 ppm maximum level and that we would be significantly below that. I claimed, however, not to be in a position to make any commitment or to be privy to the actual levels of VCM in our product. He will look to you for such guidance after you have had an opportunity to obtain some commitments from manufacturing people. The foregoing appeared to satisfy Gwinner. I told him that you would transmit the graph which I had sent'to you. CEB/k /C. E. Blades (320) AP00035196 W C%b*ntca& INTEROFFICE MEMORANDUM Tn Distribution prom H. W. Smith_______ cc: E. Blades W. M. Smith J. Novak H, Watson ' ' ~rT"r_ " Date April 9, 1974 Subject SHA - Emergency Temporary Standard for Exposure to VinylvChlorlde (Location, Organization, or Department) Trexlertown, Penna. ~ ~ (Location, Organization, or Oaoartment) J. Barr T. Carey R Fleming >1. Spurlock R. He Millan J. Cost R. Me Ginnls C. Woman Attached is a copy of the Federal Emergency Temporary Standard for Exposure to Vinyl Chloride as issued in the April 5, 1974, edition of the Federal Register.' Please review this document and provide for its immediate application in all vinyl chloride processing areas exclusive of those areas con cerned with fabricated products. dhd enclosure l.u\n (320> AP00035197 12-T12 RULES AND REGULATIONS Title 29--Labor 50 ppm, in order to assess In a more rary standard. In a telegram to the As CHAPTER XVit--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. D* partment of labor PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANOARDS definitive way whether that level of ex posure produces tumors In animals. Data reported by Torkclscn, Oyen and Rowe (American Industrial Hygiene Associa tion J 22:3o4-3(U (1961) j-'lndicate that exposure to VC at concentrations of 50 sistant Secretary ot Labor, received on or about March 14, 1974, the President of the United Rubber Workers Interna tional Union urxed the establishment of an emergency temporary standard for VC. During the hearing of February 15, Emergency Temporary Standard for ppm failed to Induce tumors in rats, 1974, the Industrial Union Department, Exposure to Vinyl chloride hamsters, rabbits, and dogs. AFL-CIO, and the United Rubber Work 1. Bccfcyrotmd, Vinyl chloride (chloro- The employees of the B. F, Goodrich ers International Union made ft joint eihene). Chemical Abstracts Service Chemical Company who died from an petition for an emergency temporary Registry No. 75015. la a synthetic chemi giosarcoma of the liver had an average standard for VC (TR 141-148). which, cal made by oxychlorination of ethylene exposure of approximately 10 years to was also Joined by the Oil, Chemical and or by hydrochloritiotion of acetylene. It ts the parent compound of a series of vinyl chloride, at unknown concentra tions, and variable exposures to other Atomic Workers International Union. (TR 37). At the same hearing, several thermoplastic resin polymers and co volatile chemicals. (TR 03). Some em participants urged, on the other hand, a polymers vhlch are widely used for con ployees of Onion Carbide Company and regular rulemaking proceeding as the tainers. wrapping tissues, electrical in Goodyear Company ere also reported In most suitable for the orderly develop sulation. pipe, conduit and a variety of ocher products. Vinyl chloride ha* been, made commercially in this country since a post-hearing comment from NIOSH dated March ll. 1974, to have had ex posure to vinyl chloride and to have died ment of relevant information (TR 112, ISO). The petitions for an emergency tem 1039 and present production is in excess from angiosarcoma of the liver. Finally, porary standard specified in detail the of seven billion pounds per year. Vinyl chloride (VC) Is a gas at am bient temperature and pressure and la a autopsies of four deceased employees re vealed that liver angiosarcoma tumors were histologically indistinguishable contents of the standard requested. la substance, the request is to Issue ft'com prehensive fully-developed standard chlorinated hydrocarbon which has mod erate liver toxicity. The present standard from the angiosarcoma tumors observed in Professor Maitoni's experimental ani based on the recommendations of the Standards Advisory Committee on Car sets a celling value of 500 parts per million (ppm) (29 CFR 191093). mals. It is concluded therefore, that vinyl chloride is carcinogenic for hu cinogens submitted to the Assistant Sec retary of Labor on or about August 27. 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.F. 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 ft 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 TO 3874), and held on February 15.1974. 2. Carcinogenicity of VC. Information produced at the hearing demonstrated mans. 1973. The recommendations are far- We therefore conclude that thepresent ranging, and cover special categories of standard for VC should be lowered from, operations, signs and labels, medical sur a celling of 500 ppm to s ceiling of 59 veillance. reporting, etc., including a per ppm for the following reasons: mit system for the use of a cardnogeo. (a) In light of the evidence referred We agree that an emergency tenipo- to above including the Maltonl experi rary standard is necessary; we cannotsay ments demonstrating that VC la carcino on the basis of the information, developed genic In animals at 250 ppm, we conclude so far that a comprehensive standard, that VC must be considered carcino such as the one requested, is either neces genic In man at the same level: sary or even desirable. It has been de (b> Although professor Maltonl did' cided io promulgate a standard contain not indues tumors in hie experimental ing only those essential provisions which animals at an exposure concentration of are deemed necessary to provide protec 50 ppm, these data do not support the tion to employees from grave danger conccpe that occupational exposure of until a regular rulemaking proceeding In employees to concentrations of 50 ppm accordance with sections 6 Cb) and (c) throughout their working lifetime would of the Act can be concluded. The rea be without detrimental health effects; sons for a decision to establish a ceiling (c> The question whether safe levels value of SO ppm have already been of exposure to carcinogens exist for hu stated. A decision on other possible, ap that exposure of laboratory animals mans and. If so. what such levels would propriate provisions Is best made after mostly Sprague-Dawley rats) to VC by be. Is the subject of continuing scientific consideration of all relevant data and inhalation at and below the current deliberation. In the case of VC, Profes vleft's that interested persons may sub OSHA standard of 509 ppm induced sor Maltonl did not observe tumors in mit during the proceeding soon to be tumors, including angiosarcomas of the his animals at exposure concentrations initiated. liver. Professor-Cesare Maltonl. of the of 50 ppm. In addition, Torhclson, Oyen, With respect to arguments in opposi institute di Oncoloeia, Bologna, Italy, re and Rowe found that exposure to con tion to issuance of an emergency tem ported on a scries of experiments on the centrations of 50 ppm of VC failed to in porary standard, the concern and efforts effect of exposure of rats, mice, and duce tumors in rats, hamsters, rabbits, of several companies participating at the hamsters to VC at concentrations of 10,- and dogs. Accordingly, there Is insuf hearing for the protection of their em 000: 6.000: 2,500; 500: 250: and SO PPm ficient evidence at this time to conclude ployees aro recognized. It may also be for varying periods of tlaie?lTR 43-63). tliat VC at concentrations of 50 ppm or that some employers in some plants have Some of the experiments hse been con below poses a grave danger to uumans. fully complied with the Interim controls cluded. and others are atilljmgoing. The (d) The emergency temporary stand recommended by NIOSH on January 30, experimental results so faf^gported are ard adopted represents a substantial re 1074. There is. however, reason to believe chat tumors have been, observed In duction in the permissible level of expo that employees are currently being ex groups of animals exposed to VC at con sure and, in our practical judgment, is posed to VC at concentrations well above centrations as low as 250 ppm. No tumors the lowest level that can be complied 50 ppm. This ft'os asserted several times have been observed in the group of ani with Immediately: and at the hearing, and not seriously ques mals exposed to VC at a concentration <e) This standard will be in effect for tioned. Moreover, a report, dated March of 50 ppm. It also appears so far that a period of no longer than six months, 1974. of a survey by the staff of the Office the total number of tumors, as well as during which time the whole question of of Standards Development, OSHA, of the numbers of angiosarcomas of the possible safe exposure of humans to VC several facilities manufacturing VC and liver, decrease as the concentrations of win be reconsidered more fully and In polyvinyl chloride revealed concentra VC are reduced to 250 ppm. Finally, the light of more information, including tions for some Job classifications as high another experiment by Professor Mal experiments which are under way at this os 229 ppm. Therefore, a regulation Is tonl Is underway Involving the exposure time ITR 47,49. 71-74). considered necessary to provide, immedi of 300 animals to VC at concentrations of 3. petitions for an emergency tempo ately, adequate protection to workers ex- FCOCXAl UGlSTM, VOL 39, NO. ST--FRIDAY, AMU 5, 1974 AP00035198 RULES AND REGULATIONS 12313 posed to VC. Also, the eight-hour, timeweighted average standard suggested by several participants at the hearing for instance, Til 178). has been rejected. The March 1774 report of the survey re routed that several kinds of work or op erations are of short duration. Loading or unloading of a tank car may require approximately 15 minutes. The cleaning of a reactor may require approximately half an hour. An eight-hour, time- weighted average standard would permit exposure to VC at concentrations of 400 ppm for one hour. Such upward excur sions. several times the 50 ppm level, can not be permitted to occur. 4. The standard. The standard set out below contaiJis 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. Abo. engineering controls are favored for compliance, and respirators are intended to provide protection until such controls can be installed or in cases 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 submissions by the participants at the hearing, the March 1974 report of a fact- finding survey recommendations received from NIOSH. and the other data referred to herein, it is found (1) that VC at con centrations in excess of $0 ppm is physi cally harmful and carcinogenic: (2) that exposure to VC at concentrations in ex cess of a concentration of SO ppm poses a grave danger to employees: (3) that em ployees are presently exposed to VC at concentrations in excess of 50 ppm: and (4> that the emergency temporary stand ard set out below Is necessary to provide immediate protection to employees from such danger. ........ Pursuant to sectfijotfe) of the occu pational Safety an<jjalth Act of 1970, a proceeding tvlll commence shortly In accordance with sed&gTftfb) of the Act, In which the emergency temporary standard wilt serve as a proposed rule, together with other subsidiary rules. As soon as possible a draft environmental Impact statement nill be flled with the President's Council on Environmental Quality, and copies will be provided to other appropriate Federal agencies for their comments. Pursuant to sections 6(c) and 8(c) (3) or the Willlams-Stelffer Occupational Safety and Health Act of 1970 (84 Stat. 1595, 1599; (29 U.5.C. C56. 637)). and Secretary of Labor's Order No. 12-71 (35 FR 8754). 29 CFR Part 1910 is amended by adding thereto a new | 19L0,93q to read as set forth below. In addition, pur suant to section 4.b> (2) of the Act (84 Stat. 1592; (.29 u.SjCT. 653)). the stand ard in the new S I3l0:93q is determined to be more elective than the corre sponding standard* now In Subpart B of Part 1910,In Parts 1915. 1915. 1917. 1918, and 1920 of title 23, Code of Federal Reg ulations. and in Part 50-204 of Title 41 of the Code of Federal Regulations. There fore, these corresponding standards are superseded by the new standard in i 1910.R3q. 1. In 29 CFR part 1910. { 1910.93 is amended by deleting from Table 0-1 the line: " C Vinyl chloride 500 1300". 2. Part 1910 of Title 29 of the Code of Federal Regulations Is amended by adding thereto a new 1 1910.93q to read as follows: 1910.93<t Vinyl chloride. (a) Scope and application. (1) Tills section applies to any area or operation in which vinyl chloride (chioroethenc;. Chemical Abstracts Service Registry Number 75015, Is manufactured, reacted, handled, processed, released, repacked, or stored. (2) Tliis 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 be controlled so that no employee is exposed to vinyl chloride at a concentration in excess of 50 parts per million (ppnu CI27.0 mg/cum). (o' Monitoring--Cl) Initial monitor- tno. As soon as possible but not later than April 22. 1974. every employer of an em ployee working In an area or operation in which vinyl chloride is manufactured, re acted. handled, processed, released, re packed. or stored shall begin monitoring the ambient air of the area to determine whether it contains vinyl chloride In con centrations in excess of 50 ppm. (2) Frequency. Monitoring of a suffi cient number of employees so that a representative sample of exposures to vinyl chloride may be determined shall be accomplished not less frequently than weekly until all results for three consecu tive weeks are at or below 50 ppm. There after. monitoring shall be conducted not less frequently than monthly so long as the concentrations of vinyl chloride do not exceed 80 ppm. If a monitoring sam ple reveals vinyl chloride in concentra tions in excess of 50 ppm, weekly moni toring shall be resumed until nil results for three consecutive weeks are at or be low 50 ppm. (3) Method o/ monitoring. Personnel monitoring shall be accomplished by col lecting samples by suitable devices worn by tho employee. The samples shall be analyzed by gas chromatography or by any other method which is of equivalent sensitivity. The analytical procedure shall be sensitive io 5 ppm of vinyl chlo ride in air with an accuracy of per cent foe a ton minute air sample. (4) Employee observation of monitor ing. Employees working in an area or operation whose ambient air is moni tored, or their representatives, shall be given a reasonable opportunity to observe the -personnel monitoring required by this section. (5) Recordkeeping. The results of all monitoring shall be recorded in writing. The records shall be retained for at lease 5 years and shall be made available for inspection and copying by representa tives of the Assistant Secretary of Labor for Occupational Safety and Health and the Director of the National Insti tute for Occupational Safety and Health (NIOSH). (6) Employee access. Each employee and former employee shall have access to such records of the results of monitoring required by this section as will Indicate his own exposure to airborne concentra tions of vinyl chloride. (7) Employee notification. Each em ployer shall promptly notify any em ployee who has been or is being exposed to vinyl chloride in concentrations In ex cess of SO ppm, and shall Inform, him of the corrective action being taken. id) Compliance. (1) Whenever any monitoring sample reveals vinyl chloride at a concentration in excess of 50 ppm. or whenever any accident, such ns rup ture of equipment or spillage! indicates the likelihood of a greater than usual release of vinyl chloride into the ambient air. all employees exposed to such con centrations shall be withdrawn to a sale area and shall not be 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 be expected to release vinyl chloride in con centrations iu excess of sa ppm. such as repair, maintenance or cleaning of re actors or other equipment containing vinyl chloride, shall be accomplished only by employees wearing Type C continuous flow or pressure demand air supplied res pirators or self-contained breathing ap paratus. (3) In any case covered by para graphs (d>(l) or (d)(2) of this section, in additfon to providing the required respirators, the employer shall examine and analyze the source of the excessive concentrations of vinyl chloride in order to determine feasible engineering or op erational controls appropriate to reduce the airborne concentrations to the permissable level. Such controls shall be implemented as quickly as possible. (4) Periodic test* shall be conducted for equipment leaks and for emissions of vinyl chloride which may result from work practices. 3. In 29 CFR Part' 1910. { 1910.19 is revised to read as follows: g 1910.19 Spcviul provision* for air con taminants. (a) Asbestos dust. Section 1913.93a sluill apply to the exposure of every em ployee to asbestos dust in every employ ment and place of employment covered by I 1910.12, 5 1910.13. $ 1910.14. i 1910.15, or | 1910.16, la lieu of any dlf- No. 87--Pt. I- FEDERAL REGISTER, VOL 39, NO. 67--FRIDAY. APRIL 5, 1974 AP00035199 12311 forent atand.iT&t'dn exposure to asbestos, dust which would otherwise be appiicable by virtue of nr.y of thove sections. fb) Vinyl chloride. Section 191Q.93ci shall apply to the exposure of every em ployee to vinyl chloride in every employ ment and place of employment covered by l 1910.12. | 1910.13. I 1910.14, S 1910.15, or 5 1910.16. in licit of any dif ferent standard on exposure to vinyl chloride which would othenviso be ap plicable by virtue of any of those sec tions. Elective date. These amendments shall become effective on April 6, 1974. (Sees. 4. . and 8, 84 Stat. 1592. 1506.1699 (29 U.S.C. 653. 655. 6571; Secretary of Labor's Order No. 12-71,36 FR 6754.) Signed at Washington, DC., this 2d day of April 1974. John Sttnoer, Assistant Secretary of Labor. 1TO Doc.74-760C Piled 4-4-74:8:45 onij t **W *t\- AP00035200 . 12342 RULES AND REGULATIONS hcH\Hay^~ 1 Titl* 29--Libor 50 ppm. in order to assess In a store CHAPTER XVH--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OP LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS definitive way whether that level of ex posure produces tumors in animals. Data reported by Torkelscn. Oyen and Rowe (American Industrial Hygiene Associa tion J 22:354-361 (13611) indicate that exposure to vc at concentrations of 50 Emergen ey Tam porary Standard for ppm failed to induce tumors in rats, 1 Exposure to Vinyl Chloride hamsters, rabbits, and dogs. 1. Background. Vinyl chloride (chlorc- -- The employees of the B. F. Goodrich eihcne), Chemical Abstract* Service Chemical Company who died from an I Registry No. 75015. is a synthetic cbeml- giosarcoma of the liver had an average cal made by oxychlorination of ethylene Ior by hydrochlorlnation of acetylene. It is the parent compound of a series of thermoplastic resin polymen 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 exposure or approximately 18 years to vinyl chloride, at unknown concentra tions. and variable exposures to other volatile chemicals. (TR 93). Some em ployees of Union Carbide Company and Goodyear Company are also reported In a post-hearing comment from NIOSH dated March 11, 1974. to have had ex made commercially in this country since 1339 and present production is In excess posure to vinyl chloride and to have died from angiosarcoma of the liver. Finally, of seven billion, pounds per year. autopsies of four deceased employees re i I Vinyl chloride (VC) is a gas at amblent temperature and pressure and Is a chlorinated hydrocarbon which has mod vealed that liver angiosarcoma tumors were histologically lndlsttngulsliable from the angiosarcoma tumors observed erate liver toxicity. The present standard sets a celling value of 500 parts per million (ppm) (29 CFR 1910.63). Is Professor Maltoni's experimental ani mals. It is concluded therefore, that vinyl chloride is carcinogenic for hu 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. F. 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 mans. We therefore conclude that the present standard for VC should be lowered from a ceiling of 500 ppm to a ceiling of 50 ppm for the following reasons: (a> In light of the evidence referred to above including the Maltoni experi ments demonstrating that VC Is carcino genic in animals at 250 ppm, we conclude that VC must be considered carcino genic in man at the same level: (b) Although Professor Maltoni did not induce tumors in his experimental animals at an exposure concentration of 50 ppm, these data do not support the concept' that occupational exposure of employees to concentrations of 50 ppm throughout their working lifetime would 3814), and held on February 15.1974. be without detrimental health effects; 2. Carcinogenicity of VC. Information (ci The question whether safe levels produced at the hearing demonstrated of exposure to carcinogens exist for hu that exposure of laboratory animals mans and. if so. what such levels would (mostly sprague-D&wiey rats) to vc by be. is the subject of continuing scientific lnnalatiou at and below the current deliberation. In the case of VC, Profes G3KA standard of 500 ppm induced sor Maltoni did not observe tumors in tumors, including angiosarcomas of the his snlmals at exposure concentrations liver. Professor Cesare Maltoni, of the of 53 ppm. In. addition. Torkelson. oyen. Institute dl Oncologia. Bologna. Italy, re and Rowe found that exposure to con ported on a series of experiments on the centrations of 50 pp:n of VC failed to in eftect of exposure of rate, mice, and duce tumors in. rats, hamsters, rabbits, hamsters to VC at concentrations of 10,- and hops. Accordingly, there is insuf 000; 6,000; 2.500; fiCOffiSO; and 50 ppm ficient evidence at this time to conclude for varying periods of^me (TR 43-03). that VC at concentrations of 50 n;im or Some of the expcrtmetJBjiave been con below poses a grave danger to humans. cluded. tnd others arCTSSl ongoing. The t.a.i The emergency temporary stand experimental results sdqaS* reported are ard adopted represents a substantial re thnt tumors have been Observed In duction in the permissible level of expo groups of animals exposed to VC at con sure s.r.a,. in our practical judgment. is centrations as tow as C50 ppm. No turners the lowest level tnar can be complied have been observed in the group of ani with immediately; end mals exposed to VC at a concentration id This standard will be in effect for of 60 ppm. It also appears so tar that a period ol no longer than six months, ihe total number of tumors. as well as during waich time the whole question ot the numbers of angiosarcomas of the possible safe exposure of humans to VC liver, decrease as the concentrations of will be reconsidered more fully and tiv VC axe reduced to 250 ppm. Finally, the ll;:hs of more information, including another experiment by Professor Mol experiments which are under way at tins ten! Is underway Involving the exposure time <TR 47, 49.71-74). of 300 animals to VC at concentrations of 3. Petitions for an emergency fempo- rerjr standard. In a telegram to the As sistant Secretary of Labor, received on or about March 14, 1974, the President of the United Rubber Workers Interna tional Union weed me establishment of an emergency temporary standard for VC. During the hearing of February 15, 1674. me Industrial Unicn Department, AFL-CIO. and the United Rubber Work-, era International Union made a joint Petition, for an emergency temporary standard for VC (TR 141-148), which, was also Joined by the Oil, Chemical and Atomic Workers international Union (TR 37), At the same hearing, several participants urged, on the other hand, a regular rulemaking proceeding as the most suitable for the orderly develop ment of relevant information (TR 112, 180). The petitions for an emergency 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 baaed 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 are farranging. and cover special categories of operations, dans and labels, medical sur veillance, reporting, etc., Including* 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 developed so far that a comprehensive standard. such ns the one requested. Is either necessary or even desirable. It has been de- elded to promulgate a standard containlng only those essential provisions which are aeemea necessary to provide protectlon to employees from crave danger until a regular rulemaking proceeding: In. accordance with sections 6 (b> and (c) of the Act can be concluded. The teasons for a decision to establish a ceiling value of 50 ppm have already been stated. A decision on oilier possible, ap propriate provisions lx bast made after consideration of all relevant data and news that interested persons may sub mit during the proceeding soon to be initiated. with respect to arguments in opposi tion to Issuance ol an emergency tem porary standard, the concern end efforts of several companies participating at the hearing lor the protection of their em ploye*? are recovniaed. It may aJso b i.rcat some emp.'o"ers in some plants have lully complied with the interim controls recommended by NIOSH on January 30. 1074. There is. however, reason to believe that employees ais currency being ex ited to VC at ccnrthtraticsis well above 3D ppm. This waa asserted several times at tue hearing, ar.d net seriously ques tioned. Moreover, a report, doted March 1974. of a Liu-vey by the sin!.' of the Office cf Standard* Development. OSHA. of several facilities manufacturing VC and polyvinyl eltioriac revealed concentra tions for some Job classifications os hlsh as 2-9 ppm. Therefore, a regulation Is considered necessary to proviae, immedi ately. adequate protection to workers ex- ? i f f f | ; i ( \ < FEDEXAl IEOISTEK, VOL 39. NO. 67--FRIDAT. AriUt 5, 1*7* AP00035201 RUISS 4-M3 aSGUWNQNS 12S13 wpichted overage standard rr,;,-:?v-id tv for . "v.va. Tr. its.*. ':.i3 cur. ;* *. ::d! The March 1574 report of the iur-.-.v re vs;::'.' - li'-J-t several kinds o: ;`-r '*r*era-.;..s uve c* snore 'duraA-in. Lea_.:::f or u:;',rcf a tar.'*. c-:.r ~?v t'w.vo jipproxunitsiy la minutes. i---2 c.v-iia.'.r half .vt hour, .'in c:-,-r.t-;.our, sn-v -r.vrrl ::ir.-- the 51 pan level. r:-u- bc-'o-.- c~.:.~: ckiv .- v v;.:'. s.rno*ui'ft :> L'C l-"*.* and ?va---'Vt? o'" m the^rocs.s-M ci urr r; ?:'::> als>o.*d?- VC. thi3 standard rockrs to a"l such rrci-.*r53 ana cj tne li-maiim. re- ac:ir.-r. manufacturing. pro reding. rc- isa-sir.?. ru?.wk;:.clr.g. or s:ora*s o.r ar.v of these materials. The mcnkoimg reijuire- tr.en- serve `.to purposes. to trigger into operation a compliance program and to check the effectiveness of the program. Also, engineering controls are favored for comvkaree, and respirators are ntended to provide protection until such controls can l > installed or in cruses where such controls arc not feasible. Accordingly. i>y reason of the foregoing and c:i the basis of the record of the heard:? of February 15. 1974. with ex hibit.;, the written submissions received before the hearing pursuant to the notice of the hearing, the post-heann? written submissions by the participants at the hearing. the March 1971 report of a fact finding survey recommendations received from :rr05H, ar.d the other data referred to herein, It U found U) that VC at con centrations in excess of 50 ppm is pliyst- cally harmful and csCrcinocenic: cl) that exposure to VC at concentrations in ex- cer.i f'i a concentration cf SE> ohm po.-.?3 a grave co employees: (O that em ployee; are nresentiy exposed to VC at concentrations In excess of 50 ppm; and `i) th.\c the emergency temporary stand ard .?*. out i'tio'7 jj-nessary:fyprex7da Unmc-a.ate procectlof^H^topfeees from Purv.: > sootl-1 fthe Occ.t- patSufsty and drapjfiTAct of 1570. aecort. ar.cs with section iJibi of the Act. at T-mrh r'-,o emergency resisoriry star.'.ari m::i serve as n prope-ned rule. tojctiur v/>tli cihor subsidiary ruin. a.; P-* : CriMrii oa T;uiror.n^v...-.t 3c :r`.:_rT L..a::'j Cri:r ;ro. 12-71 <36 mS7Mi. M cr?. p.'.rt loiois amended bv ':iry--y a r-:-1.' 1 M-MU-q to ra t:-,-:, ;;r i b -in pur- -ur.ns fo r-x-hon 4;h>.'5> of the Act 134 nr.4 m the r.c.7 S is oecernutted iaonams s.an-srO-? now in Sutler; S of -- *? r * v *\ u'. ' Vv.,v"`.a'. Q* ^ ' ''fli RAy. TlVie 41 of i.'.w wh_,2 v'.. _'.l;er3j Re;ui:i::a:u. There^ .'a '"'Trarryrnc.r.v are by the r.?v j'andard in .. .r. err. ?aft IvaO, i .jj.vi is r tr.ev.dti u- ttnr-.? from Title Q-l the l::.?: * C Vtuyi chloride * * 350 2. r-. :i:o cf Title 73 cf the Code of P.rr.:'.a::o:is is antmesd b7 .? lt?reto a :;-rv * 13i0.3-<a to road rs lollijivs: 5 1910.l)Ji Vinyl elsJoritlf. c.' 3i.op? ani -~^'r.ca'irjr.. Hi This section ai>piios to an*.' area or operation in which vinyl chloride ichloroeshenei, Chemical Ahstmcas Service Registry h'umber 73013, is manufactured, reacted, handled, processed, released, repacked, or stored. i2> Thla section does not apply to the handling, storage, or ocher use of vinyl chloride polymers and copolymers in the form ot fabricated products. i bi Ptrminible exposure. The occupa tional envirousienc shall be controlled so that no employee la exposed to vinyl chloride at a concentration in excess of SO parts per million (ppaw (127.0 mg cum) <cj Momtorina--il> Initial monitor- in.?- As soon as possible but not later than April 22.1974, every employer of an em ployes working in an area or operation in which vinyl chloride is maaufac cured, re acted. handled, procaaicd. released, re packed. or stored si: Ul beam monitoring the ambient a:r of the area to determine whether it eonfntns vmvi chloride In con centrations In. excess Of 30 ppm. (0> Frcwencv. r-fonitoring of a suffi cient funbar of employees so that a TeuvesentaUve of exposures to vinyl chloride mar be determined shall be accomplished no: ies freTuently than wrciiiy until all r.thha for three consecu tive weeks are at or oeiow 50 ppm. There after. monitorir.T rhr.'J be conducted not las* fred-enclr than monthly so long as the concentrations of vir.7l clilorlds do nos exceed 53 nym. I! a monitoring sam ple rove.ua vinyl ciiionde in concentra- tions In excers of 30 ppm. weekly moni toring shall be renutaed Until nil result* Tor three consecutive weeits are at or be low o i-pm. " '--i 'V v...........o-fr-v. ? r.-.e:-...-, *. ::a 11-.> .a'csinyiisiied by coll-jctmc Jiii'.aie; hy * .table de":r?r. warn i-l) t,inljy} objeruofiort of ir.oir.tor- ir.7. Zr'.yi-'..- ac.r> working in an are.v or o-. :.-.u r.'.iose ambient air is n-.tr.i- '.trel. or choir representatives, shall be crivrn ?. roc.oonable opporturaty to oh.-erve Hu p::v-n:::i nitrucoring requirad by tn.is section. '.s' The results of all R-.orJ;or`.Tvr -.'Oil be recorded in wrfT.c. T:.' b? retained fo: u; 5 years -cr.d be made avj;l:V.: .`or in.rr:r:sn. rr.:I copying by repr: . .*.- tlves of tiie APSiscr.nt Secretary o: b-nr for Ccc*.:p;.-..5nai Safety and mi ih- i2-ir':t;r cf tha WatloncI 2.. i- f::e far c:;.; lat.anai Safety* and H.'. l`h t:TCS3>. i *3' zosess. Each ear.:;: y.-e and fornior cmolo'-'ee shall have accc.* to such rerc-raa c: the results of m?r.. :a:r.t required by tins section as will indicate his e--n eusosure to airborne concentra tion; cf I chiavide. (7> Ep'pvcc voiiflcatton. Eacii em ployer shall promptly notify any em ployee who has been or Is being exposed to vinyl ch.ior.de in concentrations ax- cess of 50 ppm. and shall inform of the corrective action being taken. 'd) Compliance. (13 Whenever ar.v monitoring sample reveals vinyl chloride at a concentration in. excess otSO ?".m. or whenever any accident, such as rup ture of equipment or spillage, .in-iicr.'.as the likelihood of a greater than, ua'ial release of vinyl chloride into thefambisnt air. all employees exposed to such con centrations shall be withdrawn to a safe area and shall not be 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> V/orK which may reasonably be expected to release vinyl chloride in con centrations in excess of 50 ppnr. such as repair, maintenance or cleaning of re actors or other equipment containing vinyl chloride, shall be accomplished only by employees wealing Type C continuous flow or pressure demand air supplied res pirators or seif-contained breathing ap paratus. >3) In any case covered by para graphs id) il) or id><2> of this secticn. in addition to providing tire re?-;:rri respirators, the employer shall examine and analyze the source of the excessive concentrations cf vinyl chloride in otii-ir to determine feasible engineering or cr- erattonal controls appropriate to reives the airborne concentrations to the ncr- mUsable level. SU.-h controls shall be intplomentri ;'-s quickly as pos.;.!.:?. '4) Periodic tests shall be concur:;i for equipment leaks and for eauvions of vinyl chloride which may result from work practices. Z. Tn 22 C7P- Part 1913. ? IDio.ia :. rertitd to rr-'.i n.; follows: l'MO.lO >r>.:ci;il prvUioi* for ;r *'>n- or i'v *o' .-tivi'a. i'-ii. Section *" *' . . --.i. s'.-_w. . * s-ii'-jfiUru c.i : - J-3-C. Cl'. ..ltd . ,i..r_ ~j .\r.: e of emolotnisiit ,* ; ;-y I l^ty.ia, 1 1310.13. ! I. '. 2 1319.1j, or } 1910.15, in lieu e: .- ?;o. or--rt. i- FEOZJAt *S015T5. VOL. OJ, NO. h7--!0AY. *PWt 3. 19?* AP0003520Z - .af 12314 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.S2q shall apply to the exposure of every em ployee to vinyl chloride In every employ ment and place of employment covered by t 1910.12. f 1910.13. $ 1910.1*. ? 1910.15, or i 1910.10, in ueu 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 amendments shall become effective on April S. 197*. (Secs. *, e, and 1.8* Slat. 1693.1699.1699 (30 O.S.C. 8S3, ess, 657): Secretary et Labor'* Order No. 13-71, S3 PH 8764.) Signed at Washington. DC., this 2d day of April 197*. Johh Srhsek. Assistant Secretary of Labor. [re Doc.7*-7B90 Filed 4-t-7t; 8:45 am] Title 32A--National Defense. Appendix CHAPTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR [OU Import Reg. 1 (Rev. 6), Arndt. 681 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 1 (Revision 5), as amended. Amendment 64 to Oil Import Regulation 1 (Revision 51 made the ch&naes 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 39 end 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. licenses will only be issued initially for one half of the May 1. 1874 through April 30. 1975 al location period and the licenses will only bo 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 lor 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. Itor these reasons it has been acclded to'retaln the historical basis for mating allocations ol Canadian imports into Districts I-IV. The major change is a provision that requires that a person having an allocation of Canadian imporcs 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 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. WrLUAW A. Vocelt, Acting Deputy Assistant Secretary of the Interior. Approved William E. Sxscoir. Deputy Secretary of the Treasury. A new paragraph (f) is a4ded 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 or Canadian imports in 1973 purruaat to sec tion 23 and section si-exprtmd la barrels per day Stun of all allocations ol Canadian imports in 1913 pursuant to section 33 and section 2i-xpr*M6d in barrel* 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. IS74 unless extenusd by the Director. The Director shall Issue before.November 1, 1974 a second license to each eligible acpiicant equal to the remainder of the allocation calculated pursuant to subparagraph (1) of this paragraph. Such licenses shall expire on April 20.1975. <e> i!' Except as provided for in subparagraph (2) of this paragraph a pri son who imports Canadian imports must process ah such imports in his own facil ity. For the purpose of this paragraph, blending by mechanical means docs no: constitute processing. <2)cl> Canadian imports may be en chanted on a barrel for barrel basis 1? other Canadian imports but each perton 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 midlumi of May 15 following expiration of u.e allocation period in which a license authorizing such imports from Canada was Issued. Section 29 is amended in Its entirety to read a* follows: Sec. 29. Canadian Import*--District* I* IV. (a) As used in this section, the term `Canadian imports" means imports from Canada of crude oil which h been pro duced in Canada and unfinished ofis which have been derived from crude oil or natural gas produced in Canada and which have been transported into the United States by overl&iid means or over waterways other than ocean, waterways. <b) To be eligible for an allocation of' imports under this section, a person must hare in Districts I-IV a facility capable of processing Canadian imports. (c) The Director shall, in accordance with the terms of paragraph (d)(1) of this section, make allocations for the al location period May 1. 1974 through April 30, 1975 of not to exceed 762.006 average barrels daily of Canadian im port* into Districts I-IV. (d) (1) Hie 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: X 763,000 barrels/dsy or unfinished oil received in his own facilities. Settlements, creoits. monetary, or accounting adjustments rejecting the relative values or the ou involved in the exchange are permissible. >'Ii) Canadian imports which are sold to meet the requirements of regulations puclisned by the Federal Energy Office m:1! not be subject to the provisions ol paragraph 'e' of this section. 1: > If a person wr.o receives an alloca- l::n c: Canaoian inmorts uacer this secxi'-.:-. (ails to mror: the total quantity c: imports specified m the allocation, or ii its falls to process nil such imports (or Canadian imports received is exchange icr such impart--' :ti h:s faculties be fore July 1. 1J75. or if he fads to meet t.vt requirement of paragraph <ej of this re-.:.:ii. then anv a..cca::on ci Canadian :s for Districts I-IV to which such may otherwise be entitled for the hr;, allocation period beginning after April 33.1875 be reduced by the Di rector by the amount of Canaoian lm-- C C f i i % l it K0ERAL 8EOISTER. VOL. 39, NO. 67--MM DAY, AMfl 5, 1974 AP00035203