Document 8VgjDxpy2MOyD0dvL3Dw6Qbrm

Yc'Vn R Wbeder MANUFACTURING CHEMISTS ASSOCIATION 1986 CONNECTICUT AVENUE. N.W. WASHINGTON, 0. C. 20009 (202) 483-6126 April 5. 1974 Tos MANAGEMENT CONTACTS OP COMPANIES SUPPORTING THE VINYL CHLORIDE RESEARCH PROGRAM TECHNICAL TASK GROUP ON VINYL CHLORIDE RESEARCH Subject: OSHA Emergency Temporary Standards for Vinvl Chloride Gentlemen: Distributed herewith are the temporary emergency standards for vinyl chloride appearing in the Federal Register for April 5, 1974. Please note that these standards are effective immediately, and will remain in effect until the promulgation of permanent standards pursuant to the provisions of section 6(b) of the Occupational Safety and Health Act. Also note that this standard applies to oc cupational exposures to vinyl chloride from any source whatever, and not just to VC and PVC plants, but that the handling, storage and use of products fabricated from PVC are specifically excluded. The specified occupational hygiene survey and subsequent routine monitoring for vinyl chloride concentrations to assure compliance with the standard are obligatory for all plants with potential vinyl chloride exposures. Sincerely, Secretary Technical Task Group on Vinyl Chloride Research KDJ:mb Attachment cc : Mr. A. W. Barnes D. P. Duffield, M.D. Dr. Tiziano Garlanda 0000166 12342 E. P. Wheeier RULES AND REGULATIONS TUI* 29---Labor 50 ppm, in order to assess in a more rary standard. In a telegram to the As CHAPTER XVH--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. DE PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS definitive way whether that level of ex posure produces tumors in animals. Data reported by Torkelson, Oyea and Rowe (American Industrial Hygiene Associa tion J 22:354-301 (1961)) Indicate that exposure to VC at concentrations of 50 sistant Secretary of Labor, received on or about March 14, 1974. the President of the United Rubber Worker* Interna tional Union urged the establishment of an emergency temporary standard tot VC. During the bearing of February 15, Emeirtncy Temporary Standard for ppm failed to Induce tumors m rate, 1974, the Indtwtriai Union Department, Exposure to Vinyl Chloride hamsters, rabbits, and dog*. AFL-CIO, and tile United Rubber Work 1. Background. Vinyl chlorida (chloroethcDO, Chemical Abstracts Service Registry No. 75018. is a synthetic chemi cal made by oxychlorination 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 500 parts per million (ppm) (29 CFR 1910.93). On January 23.1974, 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 3974), and held on February 15,1974. 2. Carcinogenicity of VC. Information produced at the hearing demonstrated that exposure of laboratory animals (mostly Sprmgue-Dawley rats) to VC by inhalation at and below the current OSHA standard at 500 ppm induced tumor*, including angiosarcomas of the liver. Professor Cesare Maiton), of the Institute dl Oncologic. Bologna. Italy/re 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. (TR 93). Some em ployees of Union Carbide Company and Goodyear Company are also reported hi a post-hearing comment from NIOSH dated March 11. 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 Uver angiosarcoma tumors were 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 ceiling of 500 ppm to a celling of 50 ppm for the following reasons: (a) In light of the evidenoe referred to above including the Maltonl experi ments demonstrating that VC is carcino genic in at 250 ppm. we conclude that VC must be considered carcino genic in man at the same level; <b> Although Professor Maltonl did not induce tumors in his experimental animals at an exposure concentration of 50 ppm, these data do not support the concent 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 esse of VC, Profes sor Maltonl did not observe tumors in his anlmil at exposure concentrations of SO ppm. m addition. Torkelson. Oyen, and Rowe found that exposure to con ers International union mad* a joint petition for an emergency temporary standard for VC (TR 141-149). which was also Joined by the Oil. Chemical and Atomic Workers International Union (TR 37). At the same hearing, several participants urged, ac the other hand, a regular rulemaking proceeding as the most suitable for the orderly develop ment of relevant Information <TR 112, 190). The petition* for -an emergency tem porary standard specified in detail the contents of the standard requested. In substance, the request Is to issue com prehensive fully-developed stawbrd based on the recommendations at the Standards Advisory Committee an Car cinogens submitted to the Assistant Sec retary of Labor an or about August 27. 1973. The recommendations are far- ranging. and cover special categories of operations, signs and labels, medical sur veillance. reporting, etc., lccludtng a per mit system for the use of a carcinogen. We agree that an emergency tempo- rary standard Is necessary; we eanroC say on the basts of the Information developed 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 dsrgrr until a regular rulemaking rroeeedlnc in accordance with sections 6 b) and /c> of the Act can be concluded. The rea sons for a decision to establish a celling value of 50 ppm have already been stated. A decision on other possible, ap propriate provisions Is best :*it; consideration of all relevant data end view* that interested persons may sub mit during the proceeding soon to be initiated. With respect to arguments in opposi tion to Issuance cf an emergency tem ported on a series of experiments on the effect of exposure of rata. mice, end hamsters to VC at concentrations of 10.- 000; 6,000; 2.500; 500: 250: and 50 ppm centrations of SO ppm of VC failed to in duce tumor* in rats, hamster*, rabbits, and dogs. Accordingly, there is insuf ficient evidence st this time to conclude porary standard, the concern anF. efforts of several companies participating at the heanng lor the protection of their em ployees are recognized. It tnrv a!-o be for varying periods of time (TR 43-63*. hat VC at concentrations of 50 ppm or that some employers in some plants have Some of the experiments have been con cluded. and others are still ongoing. The experimental results so far reported ere that tumor* have been observed in groups of animals exposed to VC at con centrations as low as 250 ppm. No tumors 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 Uver. decrease as the concentrations of VC are reduced to 250 ppm. Finally, below poses a grave danger to humans. 'd> The emergency temporary stand ard adopted represents a substantial re duction in the permissible level of expo sure and. in our practical judgment. Is the lowest level that can be complied wit') immediately; and ce> This standard will be In effect for a period of no longer than six month*. dunr-T which time the whole question of possible safe exposure of humans to VC v til be reconsidered more fully and in the light of more information, including fullv complied with the interim controls recommended by NIOSH on Jariuny .rQ, 1974. There is. however, reason to believe that employees are currently bc'ng ex posed to VC at concentrations above 50 ppm. This was asserted ~r'-' vr! times at the healing, and not ser:ti::aly out*- tioned. Moreover, a report, dated Mereh 1974. of a survey by fhestnT o' C.n. of Standards Development, o' several facilities manufacturing V'J and polyvinyl chloride revealed ronceptre.- ttons for some Job classiflc?ti`.;:s as high another experiment by Professor Mai- experiments which are under way at this as 229 ppm. Therefore, a rcrulation l: tonl is underway involving the exposure time (TR 47.49. 71-74). considered necessary to provid \ immedi of 300 TT)l")al` to VC at concentrations of 3. Petitions tor an emergency tempo ately adequate protection to workers ex- f Fractal tfcistn, vot. jv, no. *r__Fttoar. amhl s, ivr RSV 0000167 RULES AND REGULATIONS mt3 posed to VC. Also, the eight-baor.time- Secretary of Labor's Order Ho. 12-71 (38 (4) Employee observation of monitor- weighted avenge standard nigiMhul hr PR 8754). 39 CFR Part 1910 is amended tug. Employees working in an area or several participants at the bearing (see. by adding thereto a new 1191&93q to operation whose ambient air la moni for instance. TR178), has been rejected. read as sat forth below, in addition, pur tored. or their representatives, shall bo The March 1974 report of the survey re suant to section 4(b) (3) of the Act >84 given a reasonable opportunity to observe vealed that several kinds of work ot op Stat. 1593: (39 UB.C. 853)1. the stand the personnel monitoring required by erations are of. short duration. Loading or unloading of a tank car may require ard in the new 11910.93q is determined to be more effective than the corre this section. (5) Recordkeeping. The results of all approximately IS minutes. The cleaning sponding standards now in Subpart B of monitoring shall be recorded in writing. of a reactor may require approximately half on 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 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, Part 1910. In Parts 1915,1918.1917.1918. and 1026 of title 20. 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 11910J3Q. 1. In 39 CFR Part 1910. f 1910.93 IS amended by deleting from Table G-l the line: " C Vinyl chloride 500 1300". 2. Part 1910 of Title 20 of the Code of Federal Regulations Is amended by The records than be retained for at least 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 Safely and Henith (NIOSH). (Si smplDiM* access. ***** employee and former employee shall have a**f e- i such records at the results of monitoring required by this section as will indicate his own exposure to airborne concentra and because such exposure con 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 they materials. The monitoring require ments serve two purposes, to trigger into operation a compliance program and to adding thereto a new 11910.939 to read as follows: 1910.93<I Vinyl chloride. (a> Scope and application. (1) This section applies to any area or operation in which vinyl chloride (chloroethene), Chemical Abstracts Service Registry Number 75015, Is manufactured, reacted, handled, processed, released, repacked, or stored. 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 50 ppm. and shall inform him of the corrective action being taken. (d) Compliance. < l) Whenever any ? monitoring --"rlM reveals vinyl chloride * at a concentration in excess of 59 ppm or whenever any accident, such as rup the effectiveness of the program. (2) This section does not apply to the ture of equipment or spillage, indicate* Also, engineering controls are favored for compliance, and respirators are intended to provide protection until such controls can be installed or in cases where such 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 bearing 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 50 ppm is physi cally harmful and carcinogenic: (3) that exposure to VC at concentrations in ex cess of a concentration of 50 ppm poses a grave danger to employees: (3) that em ployees are presently exposed to VC at concentrations in excess of 50 pptn; and (4) that the emergency temporary stand ard set out below is necessary to provide immediate protection to employees from suth danger. Pursuant to section (** of the Occu pational safety and Health Act cf 1370. a proceeding will commence shortly in accordance with section 0(b) of the Act. In which the emergency temporary standard will serve as a proposed vvJe. together with other subsidiary rules. As soon ns pos-ibJe ,v draft environmental Impact statPmmt will be *Ved with the President's Council on Environmental Quality, and copies will be provided to other appropriate Federal agencies for their comments. Pursuant to sections 8(c) and 8fc) <3> of the Williams-Stciger Occupational handling, storage, or other use of vinyl chloride nolymers 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 excam of 50 parts per million (ppm) (127.0 mg'cum). (c) Monitoring--(11 Initial monitor ing. 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 it manufactured, re acted. handled, processed, released, re packed. or stored shall begin monitoring the ambient rlr of the area to determine whether it contains vinyl chloride m con centration* in excess of 50 ppm. (3> Frequency. Monitoring of a suffi cient number of employees so that a representative sample of exposures to vinyl chloride may be determined shad be accomplished not less frequently thar* 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 cs 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 monii-iinq shall be resumed until all results . or three consecutive weeks are at or beiow 5J ppm >3) Method of monitoring. Personnel monitoring shall be accomplished by collct'fng 5?.mr!cs by suitable devices worn by the employee. The samples .siia>l be analyzed by gas chromatography or by any other method whj'h is of equivalent sensitivity. T.io analytical procedure shall be sensitive to 5 ppm of vinyl chlo the likelihood of a greater than usual release of vinyl chloride into the ambient air. all employees exposed to *u?>. con centrations shall be withdrawn to r. safe area and shall not be permitted t- re enter the work area unless they wear either Type C continuous flaw or pres sure demand air supplied respirator* or self-contained breathing apparatus. (2) Work which may reasonably be .expected to release vinyl chloride In con centrations in excess of 58 pptn. such cs repair, maintenance or cleaning of re actors or other equipment containing vinyl chloride, shall be p-ecomolished only by employees wearing Type C continue"* flow or pressure demand air supplied it pirators or self-contained breathm*: ap paratus. (3) In any case covered by para graphs idMl) or (d)(2) of this section. In addition to providing the requ:r*d respirators, the employer shall exc:r..ne and analyze the source of the excessive concentrations of vinyl chloride in order to determine feasible engineering o- op erational controls appropriate t" rcc' irs the airborne concentration:; to ` e ' crmissable level. Such controls sb.vl be implemented os quickly cs rissiWo >4) Periodic tests shall bo condu.--.rd for equipment leaks and for emiss'o"!s of vinyl chloride which may result f:ca work pra-tices. 3. Ir. 39 CFR Fart 19!* < 1910.19 is revised to read a-, rollers l`>IO.IO Sprrii.l pnm.inm for air rn* Cumnont*. (a> Asbestos i:t`' ^c":cn 1910.93a rimU apply to the expedite cf every r.r. ployce to asbestos dir' In ever* c--: *oy meut and plsco of employe!--1 rovcvctf Safety and Hr'lih Act of 1970 (04 Stnt. ride in air with an accuracy of ~20 per b7 ? 1910.12 4 19J0 13, i 191M4. 1S90, 1599; (29 VS.C. S5S. 657)). and cent for a ten minute air sample. # 2910.15, or | lD'r, :c, tn lieu of nnv dn- Ko. 87--Pt. X- ROilAl ICOim*. VOL 3V, NO. *7--FRIDAY, AMU S. 1V74 RSV 0000168 12344 ferent standard on espoam to asbestos dost which would otherwise be appUcabte by virtue of any of then sections. (b) Vinyl chloride. Section 1910J3q shall apply to the exposure of every em ployee to vinyl chloride hi every employ* meat *d place of employment covered by | 1910.13, t 1910.13. * 1910.14, 11910.15, or i 1910.15, In lleo of any dif ferent standard on exposure to vinyl chloride which would otherwise be ap plicable by virtue of any of those sec* ttons. Effective dale. These amendments hall become effective on April 5, 1974. (Sec*. 4.6. and C. 84 Stat. ISM. ISM. 10M <29 u.ao. ese. see, ear): secretary or Labor's Order No. 12-71, SO PR STM.) Signed at Washington, DC- this 2d day of April 1974. John Stxhsr. Assistant Secretary of Labe-. (PSPOC.74-7800 rued 4-4-74;8;43 am) RULES ANO REGULATIONS ''t room trasm. vol se, no. y--piioay, apui 9, 1*74 RSV 0000169