Document EdxkXyqB0aby46ne6513rBV8R

12W2 RULES AND REGULATIONS Title 29--Libor CHAPTER XVH--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DC* PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Emergency Temporary Standard for Exposure to Vinyl Chloride 1. Background. Vinyl chloride (chloroethene). Chemical Abstracts Service Registry No. 75015, Is a synthetic chemi cal made by oxychlorlnatlon 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 la In excess of seven billion pounds per year. Vinyl chloride (VC) Is a gas at am bient temperature and pressure and la a chlorinated hydrocarbon which has mod erate liver toxicity. The present standard sets a celling value of 500 parts per million (ppm) (29 CFR 1910J3). 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 pleat by OSHA. NIOSH, and the Ken tucky Department of Labor, a fact-find ing bearing 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), and held on February 15,1974. 2. Carcinogenicity of VC. Information produced at the hearing demonstrated that exposure of laboratory (mostly Spracue-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 series 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 43-03). 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 turnon 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, ss well as the numbers of angiosarcomas of the liver, decrease ss 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 50 ppm. in order to assess In a more definitive way whether that level of ex posure produces tumors In animals. Data reported by Torkelson. Oyen and Rowe (American Industrial Hygiene Associa tion J 23:354-361 (1961)) Indicate that exposure to VC at concentrations of 50 ppm failed to induce tumors in rats, hamsters, rabbits, and dogs. 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 In a poet-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 liver angiosarcoma tumors were histologically indistinguishable from the angiosarcoma tumors observed In Professor Maltonl'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 of 500 ppm to a ceiling of 50 ppm for the following reasons; (a> m light of the evidence referred to above including the Maltonl 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 Maltonl did not Induce tumors in his experimental animals at air exposure concentration of 50 ppm, these data do not support the concept that occupational exposure of employees to cancentraUons of 50 ppm throughout their working lifetime would be without detrimental health effects; (e) 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 case of VC, Profes sor Maltonl did not observe tumors In his at exposure concentrations of 50 ppm. m addition. Torkelaon, Oyen, and Rowe found that exposure to con centrations of 00 ppm of VC failed to in duce tumors In rats, hamsters, rabbits, and dogs. Accordingly, there is Insuf ficient evidence at this time to conclude that VC at concentrations of 50 ppm or below pose* 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 with immediately; and (e) This standard will be in effect for a period of no longer than six months, during which time the whole question of possible safe exposure of humans to VC will be reconsidered more fully and in the light of more information, including experiments which are under way at this time (TR 47,40,71-74). 3. Petitions tor on emergency tempo rary 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 urged the establishment of an emergency temporary standard for VC. During the hearing of February 15, 1974, the Industrial union Department, AFL-CIO, and the United Rubber Work ers International Union mad* * 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, 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 la necessary: we cannot say on the basis of the Information developed so far that a comprehensive standard, such as the one requested, la either neces sary or even desirable. It has been de cided to promulgate a standard contain ing only those essential provisions which are denned necessary to provide protec tion to employees from grave danger until a regular rulemaking proceeding In accordance with sections 8 <b) end (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 passible, ap propriate provisions is best made after consideration of all relevant data and views that interested persons may sub mit during the proceeding soon to be Initiated. With respect to arguments In opposi tion to issuance of an emergency tem porary standard, the concern and efforts of several companies participating at the hearing for the protection of their em ployees are recognized. It may also be that some employers In some plants have fully complied with the Interim controls recommended by NIOSH on January 30, 1074. There Is, however, reason to believe that employees are currently being ex posed to VC at concentrations well above 50 ppm. This was asserted several times at the bearing, and not seriously ques tioned. Moreover, a report, dated March 1974, of a survey by the staff of the Office of Standards Development, OSHA, of several facilities manufacturing VC and polyvinyl chloride revealed concentra tions for some Job classifications as high as 229 ppm. Therefore, a regulation la considered necessary to provide, immedi ately, adequate protection to workers ex- nDBAL RMMSTft, VOL 39, NO. 67--AWAY, ATM 5, 1974 ucc 043358 RULES AND REGULATIONS 12313 posed to VC. Also, the eight-hour, time- Secretary of Labor's Order No. 12-71 (38 (4) Employee observation of monitor weighted average standard suggested Ur FR 8754), 29 CFR Part 1910 la amended ing. Employees working In an area or severe! participants at the hearing (see, by adding thereto a new 91910.93q to operation whose ambient air Is moni for instance. TR118), has been rejected. read as set forth below. In addition, pur tored, or their representatives, shall be The March 1914 report of the survey re suant to section 4(b) (2) of the Act (84 given a reasonable opportunity to observe vealed that several kinds of work or op Stat 1593; (29 UAC. 053)), the stand the personnel monitoring required by erations are of short duration. Loading ard in the new 11910.93q is determined this section. or unloading of a tank car may require to be more effective than the corre (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 Part 1910, in Parts 1915,1910.1917,1918, The records shall bo retained for at least half an hour. An eight-hour, time- and 1938 of title 29, Code of Federal Reg S years and shall be made available for weighted average standard would permit ulations, and In Part 50-204 of Title 41 of Inspection and copying by representa exposure to VC at concentrations of 400 the COde of Federal Regulations. There tives of the Assistant Secretary of Labor ppm for one hour. Such upward excur fore, these corresponding standards are for Occupational Safety and Health sions, several times the 00 ppm level, can superseded by the new standard in and the Director of the National Insti not be permitted to occur. 9 1910.93q. tute for Occupational Safety and Health 4. The standard. The standard set out 1. In 29 CFR Part 1910. 11910.93 la (NIOSH). below contains only the requirement# amended by deleting from Table 0-1 the (6) Employee access. Each employee deemed necessary to provide protection line: " C Vinyl chloride * * 500 and former employee shall have access to before the conclusion'of the rulemaking * 1300". such records of the results of monitoring proceeding to be commenced shortly. 2. Part 1910 of Title 29 of the Code required by this section as will Indicate Because exposure to VC is hazardous, of Federal Regulations is amended by bis own exposure to airborne concentra and because such exposure can occtfr in adding thereto a new 11910.93q to road tions of vinyl chloride. the processes of synthesizing or polym as follows; (7) Employee notification. Each em erizing of VC or m the handling of VC polymers or copolymers which contain 1910.93q Vinyl chloride. ployer shall promptly notify any em ployee who has been or is being exposed absorbed VC, this standard applies to all (a) Scope and application. (1) This to vinyl chloride in concentrations In ex such processes and to the handling, re section applies to any area or operation cess of 50 ppm, and shall Inform him of acting, manufacturing, processing, re in which vinyl chloride (chloroethene), the corrective action being taken. leasing. repackaging, or storage of any of Chemical Abstracts Service Registry (d) Compliance. (1) Whenever any these materials. The monitoring require Number 75015, is manufactured, reacted, monitoring sample reveals vinyl chloride ments serve two purposes, to trigger into handled, processed, released, repacked, at a concentration In excess of 50 ppm, operation a compliance program and to or stored. or whenever any accident, such as rup check the effectiveness of the program. <3> This section does not apply to the ture at equipment or spillage, indicates 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 controls are not feasible. Accordingly, by reason of the foregoing and on the beats of the record of 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 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 safe area and shall not be permitted to re enter the work area unless they wear either Type C continuous flow or pres 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 of 50 parts per mlDion (ppm) (127.0 ms/cum). (c) Monitoring--(1) Initial monitor ing. As soon as possible but not later than April 22, 1074. every employer of an em ployee working in an area or operation In sure demand air supplied respirators or self-contained breathing apparatus. (2) Work which may reasonably be expected to release vinyl chloride in con centrations In excess of 50 ppm, such as repair, maintenance or cleaning of re finding survey recommendations received which vinyl chloride is manufactured, re actors or other equipment containing from NIOSH, and the other data referred acted. handled, processed, released, re vinyl chloride, shall be accomplished only to herein. It Is found (1) that VC at con packed, or stored shall begin monitoring by employees wearing Type C continuous centrations in excess of 50 ppm is physi the ambient air of the area to determine flow or pressure demand air supplied res cally harmful and carcinogenic; (2) that whether it contains vinyl chloride in con pirators or self-contained breathing ap exposure to VC at concentrations la ex centrations in excess at 50 ppm. paratus. cess of a concentration of 50 ppm poses a (2) Frequency. Monitoring of a suffi (3) In any case covered by para grave danger to employees; (3) that em cient number of employees so that a graphs (d) (1) or (d) (2) of this section. ployees are presently exposed to VC at representative sample of exposures to In addition to providing the required concentrations in excess of 50 ppm; ins vinyl chloride may be determined h*n respirators, the employer shall examine (4) that the emergency temporary stand be accomplished not leas frequently than and analyse the source of the excessive ard set out below is necessary to provide weekly until all results far three consecu concentrations of vinyl chloride in order immediate protection to employees from tive weeks are at or below 50 ppm. There to determine feasible engineering or op such danger. after. monitoring shall be conducted not erational controls appropriate to reduce Pursuant to section 8(c) of the Occu pational Safety and Health Act of 1970,a proceeding will commence shortly in accordance with section 8(b) of the Act. in which the emergency temporary standard will serve as a proposed rule, together with other subsidiary rules. As soon as possible a draft environmental Impact statement will be filed with the less frequently then monthly so long as 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 moni toring shall be resumed until all results for three consecutive weeks are at or be low 50 ppm. (3) Method of monitoring. Personnel 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 8(c) (3) of the Winiams-Steigar Occupational monitoring shall be accomplished by col lecting samples by suitable devices worn by the employee. The samples shall be analyzed by gas chromatography or by any other method which Is of equivalent sensitivity. The analytical procedure than be. sensitive to 5 ppm of vinyl chlo Safety and Health Act of 1970 (84 Stat ride In air with an accuracy of 30 per the airborne concentrations to the permissable level. Such controls shall be Implemented as quickly as possible. (4) Periodic tests shall be conducted for equipment leaks and for emissions of vinyl chloride which may result from work practices. 3. In 29 CFR Part 1910, I 1910.19 is revised to read as follows: 8 1910.19 Special provision* for air con taminants. (a) Asbestos dust. Section 1910.93a shall apply to the exposure of every em ployee to asbestos dust in every employ ment and place of employment covered by 11910.12, 11910.13, 11910.14. 1598, 1599; (29 UB.C. 655, 857)), and cent for a ten minute air sample. 11910.15. or i 1910.16, in lieu of any dlf- No. 07--Pt. I ffMKAL MOISTIR, VOL 39, NO. 67--StIDAY, AMIl 5, 1974 ucc 043359 12344 RULES AND REGULATI NS 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 ployes to vinyl chloride In every employ ment and place of employment covered by f 1910.12, 11910.13. 11910.14, 11910.15, or 1191046, 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 amendments shall become effective on April 8, 1974. (Sees. 4. S. and 8, 84 Stat. 1899,1BSS. ISM (90 UA.O. SM. SSS, SS7); Secretary of labor1* Order No. 19-71,36 PB S7B4.) Signed at Washington, DC, this 2d day of April 1974. JoHwSmrosa, Assistant Secretary of Labor. [IB DOC.74-T8M Tiled 4-4-74;S:*8 am] Tide 32A--National Defense, Appendix CHAPTER X--OFFICE OF OIL AND OA3, DEPARTMENT OF THE INTERIOR (OU Import Beg*1 (Bee. S), Arndt. OS] OIL IMPORT RBB. 1--OR. IMPORT REOUUmONS Canadisn Imports There appeared In the Mansi, Rnerarxa on February 11,1974 ( PR 5192) a proposal to amend several sections of OU Import Regulation 1 (Revision 5), as amended. Amendment 64 to Oil impart Regulation 1 (Revision 5) made the chanses related to the proposed rulemak ing tor all sections except tor sections 29 end S3, both of which pertain to Ca nadian imports. Publication at amend ment of sections 29 and 33 was deferred until discussions could be held with the Canadian government to detenuIns their export policy. Those dlsmwslons have been concluded. The Canadian guemummt plans to continue to canted ex ports along the lines at their present controls for at least through September 1974 at which time the method of oontroi may be modified significantly. An* oordlngly, Interested parties should note thaA although sections 39 and 33 ere written to provide allocations for the entire allocation period May l. 1974 through April 30.1975, Moseses will only hid IhqmI tnlHdW for out hilf of tftw May 1, 1974 through April 30, 1975 al location period and the Meanses trill only be valid for a six month period unlam extended by the Director. This procedure trill provide for needed flexibility should the Canadian export policy ehange to tho 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 54 the three tier system proposed for making allocations under section 29 did not receive complete acceptance. Aka tbs proposed ^hhit to section 29 was predicated on a continuation at the Federal mandatory crude allocation pro gram m Its present form. The Federal Energy office has now proposed changes to that program. For these reasons It has been decided to retain the historical basis for making u~..h<-.. of Canadian Import* Into Districts I-IV: The major change Is a provision that requires that a person having an allocation at 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 Mcmsfaig periods referred to above. This amendment i TMmi section 3 to provide that entries for consumption at Canadian Imports by pipeline under a iimm-- <--s pursuant to these regula tions may be made until midnight of May 15, fallowing the end of the allo cation period in which the license au thorizing such Imports from Canada was lssued. Thli fifteen day overlap Is neces sary to prevent disruption of pipeline operations at the end of each allocation period. Hite amendment 65 *"-- effective on April 5,1974. WILLIAM A. Vooxlt, Acting Deprtv Assistant Secretary of the Interior, Approved WILLIAM B. aneow. Deputy Secretary el the Treasury. A new paragraph it) Is added to sec tion s to road as follows: See. 3. ADocaU (f) Notwithstanding the provtekms of paragraphs (a) and (c) of this section entries for consumption of Canadian Im port* 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. flection 29 la amended In Its entirety to road aa follows: See, 39. Canadian Imports--DUtrieu I-- . IV. (a) As used In this section, the term "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 state* by overland means or over waterways oilier than ocean waterways. (b) To be eligible for an allocation of Import* under this soctioo, a person must have In Districts I-IV a faculty 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, 1874 through April 30. 1975 of not to exceed 762,000 avenge barrels dally of Canadian im ports into Districts i-rv. (d) (1) The Director shaX make al locations not subject to license fees of imports to djgibit ippHfuntu who received allocations of such Imports for the period January 1, 1073 through December 31, 1913, pursuant to 23 or from the OU 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: Sum of ma tfiflfrft ippttovit^ itlooMUft at OmimIImi Imports in 1871 pumumn* to mo tion 99 rn motion 91-iipn--<1 m baimU pwdey____________ _________________________ x 789.000 barrels/dsy in 1079 puriuan* to motion 99 and motion 21-esptaalsd in banal* ym day (2) The Director shall tome before or imfiwtthmi ofl received to hte own May 1, 1374 to each nyi*>t applicant a faculties. Settlements, credit*, monetary, llomae equal to ona half of the allocation or accounting adjustments reflecting the pursuant to subparagraph (1) relative values of the oUa Involved to the of this paragraph. Such licenses shall ex --- [mHnlKto pire on October 31.1974 unices extended (U) (TmmMm Impart* which are sold by the Director. The Director shall tesue to meet the requirements of regulations tartars November L1974 a aeoand Ucenee published by the Federal Energy Office to each eligible applicant equal to the shall not be subject to the provisions remainder of the allocation calculated of paragraph ,(e) of this section. pursuant to subparagraph (1) of this (f) If a person who receives an alloca paragraph. Such licenses shaU expire oh tion of Canadian Imports under tbte sec April 30.1975. tion falls to Import the total quantity (e) (1) Except ae provided for in sub of Imports specified to the allocation, or paragraph (3) of this paragraph a per son who Imports Canadian Imports must If he falls to process all such Imports (or Canadian Imports received In exchange procem all such Imports In hisown facil for such Imports) to his facilities be ity. For the purpose of this paragraph, fore July 1, 1975, or If he falls to meet blending by mechanical means does not constitute procesitng. (2) (1) Canadian Imports may be ex changed on a barrel for barrel baste for other Canadian imports but each person reoeivtof crude efl or unfinished oils In the requirement of paragraph (e> of this --rtinn, then any allocation of Canadian Imports for Districts I-IV to which such person may otherwise be entitled for the first allocation period beginning after April 30,1975 shall be reduced bythe Di the exchange must process the erode oQ rector by the amount of Canadian bn* reoMAi Mount, vol a*, no. *y--ruday, amil s, w ucc 043360