Document 9JdJ3q4y91qwZ6G62JYXVnzQ3

L\S. D'?A?.-n:NT OF LA~0.\ Ccjiipsriomi x:s:y anii Htsiih AJ.mixmcr&fisn VAiHtMCTtLW C C. 1 T 37a /w ^/ Vr.T^v"*' Mr. Raymond 5. Schenck Attorney Air Products and Chemicals* Five Executive Mall 'Swedesfocd r.czd Wayne, Pennsylvania 15087 Inc. Ecz 2 1=75 Ap="c>*^ * 4 ^VV u--v. Dear Mr, Schenck; This is in response to your letter cf June 30, 1S75 to Assistant Secretary John H. Stencer petitioning for the modification of 25 CTR 1510.1017(b)(6), (formerly 29 CFR 1910.53c(b) ( 6) recodified May 2S , 1975)* Exposure to Vinyl Chloride, Occupational Safety and Health Standards. 29 CTK 1910.1017(b)(6) defines a fabricated product as being one which is "mace wholly or partly from polyvinyl chloride, and which does net require further processing at temperatures, and for times, sufficient to cause mass melting of the polyvinyl chloride resulting in the release of vinyl chloride. "* "Release of vinyl chloride" means the release of an amount of vinyl chloride which would likely result in employee exposure at or above the action level without regard tc the use of engineering controls. Products which can be classified as fabricated products are exempt frert the provisions of the vinyl chloride standard. All other products are subject to the recuirecents of the standard. There are no clans presently to formally modify the vinyl chloride standard. Therefore, we hope that the the ateve clarification of the regulation will satisfy your petition request. Should ycu have further questions, please contact me or members of rv staff. Sincerely, AP00051966 L'.S. DJiPARTNiUNT nr LA30R Ccvuf j:v:y 4 ~;nnutf!. washiscttn. u.t ;-*::s at: i : 75 Hr. X. S. 3:oofcman, Manager Research, Davelo:^*n: and Technical Firestone Plastics Company Potcstovn, Pennsylvania 19464 '* Services P-rr-M fit /' *- \ * v . '--V*, .. Ce&r Mr. Sroc-kman: In response to your letter of July 14, 1*75, oeriticr.ihg for modification of the Vinyl Chloride Standard, the following determinations nave beer, mace: 1. 29 era 1920.1Cl?ib)f5) Definitions In reoards to the cefiniton o massive release" in Procre.m Directive *200-35, we agree that the definition. Should be modified. This will b- addressed in c future r,4 reran direc tive. In ail probability the stipulation of 2GO ora will be removed. 2. 29 era 1510.1017 fb JCSJ Definitions The standard defines e fabricated product as being one which is "mace vhoily or partly from polyvinyl *:;2oride, and which does not require further processing at t;.r.."ci5a:s, and for times, sufficient to cause mass melting cf i*.he polyvinyl chloride :ssulzLr,c in the release cf vinyl chloride." Release cf vir.yl chlcrice* means the release cf an amount of vinyl chloride which would iihely result In ctmlsyee expo sure at or asove the action level without record to the use of engineering controls. Products vhic.t can be classified as iearicated products..ore excr.be from :t.j> previsions cf the vir.vi celeries standard. Ml ether procures ere suspect to the requirements cf the s twr.dcrc. I: tr. .k emsiryer uses :: m&r.ufontures a product wijich is net a fs:.* scared mrcriuct, he must initiate monitor imp procedures. If the me.r. i to r ir.q reveals that cne employees are net zxzzz-z to vinyl chloride at cr above the action level, the employers1 operations will be txsmmt from the srovisicr.s : f the stt herd. AP00051967 4 However, if the monitoring reveals exposure at cr above the action level, the employe: must implement the procedures specified ithe standard. 3, 29 era 19101.1017(g)(4)(iii) Respiratory protection Regarding yeur suggestion to add a Type C, Supplied Air Respirator, Pressure Demand type, with full or half face piece to this section: _ .* If an employer can show that a respirator provides equal or greater protection than these specified in the standard, ' he nay be granted an interim order or a variance from the standard, your cemcanv received such an interim order, dated May 30, 1975. A. 29 CFR 1910.1017(k} Medical surveillance There is no CSKA regulation requiring an employee to submit to e medical examination. If the employee refuses any medical examination required to be provided by the employer, the employer shall inform the employee cf the possible health consequences cf such refusal and obtain a signed statement from the employee indicating that the employee understands the risk involved by refusal to be examined. We greatly appreciate your sharing data, experience and knowledge with us. At the present time there are no plans to formally amend c.r modify the vinyl chloride standard, w* hope that the above clarification of the regulation will satisfy the request in your petition. Should you have further questions please do not hesitate to contact US, Ccpr to T. C. Valuer l,V2/75 *s R. Cer.ncily, Jr. J. Cnssicy, Jr, J. leinert F. Hsv V. Arnold N. Wqs t 77. Uo-rd u. A. Far* AP00051968 dk 17 e;s i orl*.S OKPAii MP.N'I i.aihik * 1*.rc i s.iMv .nui I U .ill li V.'iiimk.i n iM uAilHNuTos, nr Hr. R. Wheeler, Jr. Vinyl Chloride Resins Manager Union Carbide Corporation 270.Park Avenue New'York, New York 10017 JRK 0 2 7S Rn iR* Dear Mr. Wheelers This is in response to your joint letter with Mr. John Whittlesey dated June 17, 1975, petitioning for modifi cations of the Exposure to Vinyl Chloride Standard, 29 CPR 1910.1017 (formerly 1910.93 recodified Kay 28, 1975). There are no plans presently to amend the Vinyl Chloride Standard. A revised program directive is contemplated, although we are not certain as to the date it will be available. Please be assured that your comments and suggestions are greatly appreciated and they will be considered fully in the revision of the program directive in the meantime, the following administrative decisions have been made: 1. 29 CTR 1910.1017(a) and (b)(6) Scope and application (2), (3) and (b) Definitions (6) The standard defines a fabricated product as being one which is "made wholly or partly from polyvinyl chloride, and which does not require further processing at temp eratures, and for times, sufficient to cause mass melting of the polyvinyl chloride resulting in the release of vinyl chloride." "Release of vinyl chloride" means the release of an amount of vinyl chloride which would likely result in employee exposure at or above the action level without regard to the use of engineering controls. Products which can be classified as fabricated products are exempt from the provisions of the vinyl chloride standard. All other products are subject to the re quirements of the standard. If the employer uses or manufactures a product which is not a fabricated product, he must initiate monitoring procedures. If the monitoring reveals that the employees are not exposed to vinyl chloride at or above the action level, the employer's operations will be exempt from the 2 provisions i the standard, However, if the monitorino reveals exposure at or above the action level, the employer aust implement the procedures specified in the standard. 2. 23 C7S 2510.2 017(h) Definitions fS). , petition requests that the definition of "emergency* be revised to include specific eaheples, such as fire and explosion. V?e acres that the definition sight veil be expanded to include crannies. Again, this matter will be addressed in a program directive and not ns an bmcnd- sent to the standard. The definition of a "massive release* as being "greater them 100 carts par million (ppm) " found in the current progrea Directive #200-25, will also he addressed ia a revised directive. We agree that the 100 ppm should 'be changed. 3. 23 OF?. 1210.1017(d) Monitor lag 4) - * The intent of paragraph (d)(4) is that tne ertmieytr shall be 95% confident that his .monitoring result is within 25%, 25% or 50% of the actual value depending on the concentration. * Therefore,.ma cap!oyer using a' sathed which has proven vinyl chloride detection accuracy of 25% or less need tahe only onel measuresect regardless of the actual vinyl chloride scnecs: concentration. Is concentration ranees where accura cies of 25% or SG\ are required, the employer need take only ne measurement if the method Accuracy is less than the specified accuracy. With methods of unknown accuracy or having errors greater than the specified occurAry.rccuircnenis, repeated reamufe-- sects arc necessary. In these cases.' one may use tho coefficient of variation (CV) as s parameter to judge whether or not a sampling procedure is adequate to. sect the standard. The CV in percentage units is defined as the standard deviation f the method, times 100, divided by permissible exposure limit.. The required CV of the procedure is obtained by dividing the required accuracy by 1.55 (Z value for 951 confidence). ThcS) for accuracies of 22%, 35% and 50%, method CV values should ho lest than 12.0%, 17,0%, and 25.2* resxaactivcly. AP00051970 3 To repeat,'there are no plans presently to amend the standard but your consents on monitoring will be con sidered in the program directive revision and also is future ruiecaking where monitoring. is a requirement, 4. 25 Cr2 131C.1QI7 (j ) Training. The standard does not specify a level of exposure ta trigg-r training activirics. Section 6(b)(7) of the Occupational Safety and Wealth Act of 1970 provides that csaloytftS shall be apprised of the nature of tho barardour substances with which they cone in contact. The evidence ve have compiled on vinyl chloride has indicated that it is sufficiently hazardous to warrant training f=: all personnel who have any possibility of cosing in contact with vinyl chloride. There is always `the opportunity for accidents to occur ad eoployees should be evens of the possible consequences. There has also been scae indication that stcraga con tainers nay yield high concentrations of vinyl ehlsriss when opened after transporting. 1 Therefore, it is not likely that tho training provision will be wended, "or these operations covered by the Standard, training`is a eccuireaent. 5. 29 C"a 1910.1017(e)r Signs and labels (4) If there are situations whsre the b) ondav* olyv inyl chloride rest be labeled yet contains lees then 0.S ppc residual vinyl chlcridr Bcncaer, the f llotring ' verding nay be used: sLmro ycisrviMy:, csicriti (pvcj conzhzvj: TTJvci a::3c;ts ( 0.5 r?^> O? VTitVl CALORICS. VINTL C"13RI3E IS A CAKCTS-S'JSTTCT ACTJIT. AP000 He hope that the above clarifications will satisfy your petition for ^edification and nisisndacnt of. the vinyl chloride standard. Xs previously stated# . there are no plans presently to formally asend the - standard, There will be an addendus or sodlfica-- ' tion of the ?rcpran Directive }200-35. Should you wish te discuss any setter further do not hesitate to centset zjs or jaeabers of cy staff. Sincerelyt Bar - y/yy te Xosoct^rte Assistant Secret T `for Hejional ?rtc cas r<- - AP00051972