Document LpNM7Lg17y7Z5n5ON6JNx1Kdz

12:) 12 RULES AND REGULATIONS Title 29--Labor 50 ppm, in order to erar-.-r, in a more CHAPTER XVII--OCCUPATIONAL SAFETY AND MFALTH ADMINISTRATION, DE PARTMENT OF LABOR definitive way whether that level of ex posure products tumors in animals. Data Reported by Torkclson, Oycn and Rowe PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS (American Industrial Hygiene Associa tion J 22:351-361 (1.90D) indicate that exposure to VC at concentrations Of 50 Emergency Temporary Standard for Ppm failed to induce tumois in rats, Exposure to Vinyl Chloride hamsters, iabbit.s, and dogs 1. Background Vinyl chloride (ohlorocthrnet, Chemical Abstracts Service Registry No, T>015, is a synthetic chemi cal made by oxyrhlorination of ethylene or by hydrnrhlorination of acetylene. It is the parent compound of a series of tbermopln.stic 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. Virvl chloride lias been made commercially in this country since 19311 and prc'-f-nt production is In excess of seven billion pounds per year. Vinyl r.hlo ide (VC) Is a gas at am bient temperature and pressure and Is a chlorine ted hydrocarhon which has mod erate liver toxicity. Tlx: present standard sets a ceiling value of 500 parts per million (ppm) (29 CFR 1910.93). On January 22, 1974, the Occupational Safety and Health Administration was informed by the National Institute for Occupational Safety and Health iNIOSIl) that the 11. F. Goodrich Chem ical Company reported that deaths of several of Its employees from a rare form Of liver earner 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 end polyvinyl chloride was an nounced on January 30, 1974 (39 FR 3374), and held on February 15, 1974. 2. CarcinootnU.ity of VC. Information produced at the hearing demonstrated that exposure of laboratory animals Tile employees of the B. F. Goodrich Chemical Company v. ho died from an giosarcoma of the liter had an average exposure of approximately 19 years to vinyl chloilde, at unknown concentra tions, and variable exposures to Other volatile chemicals (TR 93). Some em ployees of Union Carbide Company and Goodyear Company arc also reported in a post-hearing comment from NIOSH dated March 11. 1974, to have had ex posure to vlnjl chloride and to have died from angiosarcoma of tlie liver. Finally, autopsies of four dcreasrd employees re vealed that Iher aiu io'arcotna tumors were histologically indistinguishable from the angiosanoma tumors observed in Professor MahoiTs expefimental ani mals. It Ls eonclud"d therefore, that vinyl chloride is c.ucinogenlc for hu mans. We therefoie 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 rem-ons: (a) In light of ti e rvtdinee referred to above including the Maltoni experi ments demonstrating that VC ls carcino genic in animals at L'.'iO ppm. we conclude that VC must be cm Ulnrd carcino genic in man at the same b vet; (b) Although rrote a.or MoltonI did not induce tumors In his experimental animals at an expomre concentration of 50 ppm. these ti.V.a do not support the concept that occupational exposure of employees to court .Ur.hum" of 50 ppm throughout their wni!:h'.i lift 'ime would be without dcttlim-nud !:> slth effects; (c) The quC'ttou v,i'ether safe levels of exposure to cap hu> r ns exl t for hu mans and. if so. what suf-h lewis would (mostly Sprapne-Pnwley rats) to VC by Inhalation at and below the current be, is the subject of continuing .scientific deliberation. In the rase of V(\ Piofes- OSHA standard of 500 ppin induced sor Maltoni did not otacite tumors in tumors, including angiosarcomas of the ills animals at (\|ki lire conren!Mitions livrr. Professor cesare Malloni, of the of 50 ppm. In add.tu n 1 <V.< 1 on, Oycn, Institute di Oncologia, Bologna, Italy, re and Rowe found tint expo me to con ported on a scries of experiments on the centrations of 50 pp..i of VC failed to in effect of exposure of rats, mice, and duce tumors in rat--, l.nui.Uis, i .titbits, hamsters to VC at concentrations of 10,- and dogs. Accordin'.;!}. theic K insuf 000; 0,000; 2,500; 500; 250; and 50 ppm ficient evidence ai li.;. 'ime to conclude for varying periods of time (TR 43-63). that VC at coi'crntratlm of 50 ppm or Some, of the experiments have been con below poses a n.vc dan,*rr to humans. cluded, and others are still ongoing. The <d) The emergency 'rmpormy stand experimental results so far reported are ard adopted repic.cuts n sub-tantiul le- that tumors have been opened In duction In the per tv. I itde level of expo groups of animals exposed to VC at con sure and, in our p..: tlcal judgment, is centrations as low as 250 ppm. No tumors the lowest level flint cm be complied have been observed in the group of ani with immediately: and mals exposed to VC at a concentration <e> This standard will ho in effect for of 50 ppm. It also appears so far that a period of no loner r than Ux months, the total number of tumors, as well as during which time the whole question of the numbers of angiosarcomas of the possible safe exposure cf humans to VC liver, decrease as the concentrations of will be reconsidered more fully and In VC are reduced to 250 ppm. Finally, the light of mote information, Including another experiment by Professor Mul- experiments wlueh me under way at this toni Is underway Involving the exposure time tTR 47. 49, 71-74). of 300 animals to VC at concentrations of 3, Petitions for mi emergency tempo rary standard. In a telegram to the As sistant Secretary of Labor, rccehcd on Or about March 14. 1974. the President of the United Rubber Woilmis interna tional Union urged the cst-nblbhment 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 made e. Joint petition for an emergency temporary standard for VC (TR 141-143), 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 rcaucsted. In substance, the request is to Issue a com prehensive fully-developed standard based 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 ls necessary; v e cannot say on the basis of the information developed so far that a comprehciv-ive 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 danger until a regular rulemaking proceeding in accordance with sections 6 (b> and (c) of the Act can be concluded. The rea sons for a decision to establish a ceiling value of 50 ppm have already been stated. A decision on other possible, 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. Jt mav also be that some employers in some plants have fully complied with the intei ini controls recommended by NIOSH on January 30, 1974. There is, however, reason to believe that employees are currently being ex posed to VC at concentrations well above 50 pptn. This was asserted seve1 a] times at the hearing, and not seriously ques tioned. Moreover, a report, dated March 1974, of a survey by the stn ff of the Office of Standards Development, OBUA, of several facilities mnnufseUirlng VC and polyvinyl chloride revealed roncentrations for some job elnsslfientlrns as high as 229 ppm. Therefore, a regulation Is considered necessary to provide, Immedi ately, adequate protection to workers ex- FEDERAL REGISTER, VC*. 3, NO. 67--FIIDAV, ARM 5, 1*74 AS I 000017393 RULES AND REGULATIONS mu Dosed to VC. A'-.o, the e'sht-hour, time- weighted aver a m standard suggested by several pailit-ip-nt"- at the hearing (see, for instance, IK HR), baa been rejected. Tlw March 1971 report of the survey re vealed that several kinds of work or op erations me 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, timeweighted average standard would permit exposure to VC at eonreutralions of 400 ppm for one hour. Curb 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 neec.uary to provide protection before tlio coucludon of the rulemaking proceeding to he commenced shortly. Because exposure to VC is ha urdous, and because such exposure can occur m the proeesre- cf synthesising or polym erizing of VC or m the handlin': of VC polymers or copolymers winch contain ab-.orbed VC, this standard applies to all such pnv.-e.v.cs and to the handling, re nding, nmrmfacturing, processing, re leasing repackaging, or storage of any of there nutciials. '1 he monitoring require ments serve two purposes, to trigger into operation a compliance program and to check tbs cfirctivcness of the program. Also, one mooring controls are iavored lor compliance, and respirators are intended to provide protection until such controls can be installed or in cases where sueli tout ruts are not feasible. Ai rordinply, by reason of the foregoing and on the basis of tire record of llie hearing of February 15, 1974, with ex hibits, the written submissions received before tlv' hearing pursuant to tire notice of the hr irina, the post-hearing written sub:;-,i ,piv; Ivy the participants at the tie.i! mg, the Man li 1974 report of a factrmdiu -nr-. t'v re-omtnendal ions received fr-tm NKVM ,ird the oi tier data referred to herein it! found < li that VC at collcrnltatii r. rr, C'Ce-.s of 50 ppm is physi cally harp.; id end ran Ineremc; (2) that tvpo .lire to \ C at r.ir -nitrations in ex ecs ot a e urre.'rnHo.' of 50 ppm poses a grate dm t erm-h-v ,v. ((!< that cmIihifO a.e presently rxpo-ed to VC at conernti at a ns in rxeroi of f,0 ppm; and tfi lint 11emergency temporary stand ard ret nut Ih'Iow is nercs'-ury to provide imineilnh protection to employees irom such d i tiger. I' u.annt to section o<'c> of the Occuritimnl Jlvfct.v and Health Art of 1970, n ptv'tirding will commence shortly in i'-`' Tvimee with section 6(b) of flu: Act, m v.Ill, h the emergency temporary star.daid will scive as n proposed rule, t-'t Cher wltli other subsidiary rule.".. As as |v' idle a diaft environmental M d'-nent will be filed with the !7" ;-leretv. Ce.uueil on Knvisonmental vA-.i.uy, and copies will bo provided to o.i.er a;g ropnatc Federal agencies for u'.r-1 ccaunovds. rarv.mgt to sections 6(c) and 8(c) (3) H tho V. ilibnv'.-iUHger Occupational Efi'fty rind Hcaltii Act of 1970 (84 Stat. 1336, ;1599 (jg u.S.C. C55, 657)), and Secretary of Labor's Order No. 12-71 (30 FR 8754), 29 CPU Part 1910 is amended by adding thereto a new 5 i9lo.93q to read as set forth below. In addition, pur suant to section 4(b)(2) of the Act <84 Stat. 1592; (29 U.S.C, G53)1, live stand ard in the new 51910 93q is determined to be more cifcctive than the corre sponding standards now in Subpart B of Part 1910, in Parts 1915, 191G, 1917,1918, and 1926 of title 29, 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 1910,93q. 1. In 29 CFR Part 1910, S 1910.93 Is amended by deleting from Table G-l the line; "* * C Vinyl chloride * * * 500 * * 1300". 2. Part 1910 of Title 29 of tire Code of Federal Regulations is amended by adding thereto a new 5 1910.93q to read as follows: 1910.93(1 Vinjl chloride. (ft) 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. 12), This 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 exposvrr. Tire 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 (ppm) (127,0 mg Turn). <e> Monitoring--(1) Initial monitor ing. As soon as possible but n< t 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 monitoi ins the ambient air of the area to determine w hrther it contains vinyl i ldoriue in con centrations in excess of 50 ppm. i2> Freuucncy. Monitoring of a sn(Brirnt number of employees so that a representative sample of exposures to vinyl chloride may be determined shall ire accomplished not less trequenUy ) ban weekly until all resulks for three consecu tive weeks are at or below 50 ppm. There after, monitoring shall be conducted hot less frequently than monthly so long as tlie concentrations of vinvl chlmide do not exceed 50 ppm. If a monitoiing sam ple reveals vinyl chloride in concentra tions in excess of 50 ppm, weekly moni toring shall be resumed until all results ior three consecutive weeks are at or be low 50 ppm. (3) Method of monitorina. Personnel monitoring shall be accomplished by col lecting samples by suitable devices worn by the employee. The sample.-! shall be analyzed by gas chiomutogiaphy or by any other method which is oi equivalent sensitivity. The analytical piocedurc shall be sensitive to 5 ppm of vinyl chlo ride in air with an accuracy of j_20 per cent for a ten minute air sample. (4) Employee observation of monitor ing. Employees working hi an area or operation whose ambient air is moni tored, or their representative?, shell be given a reasonable opportunity to observe the personnel monitoring required by this section. (5) Recordkeeping. The results of ail monitoring shall be recorded in writing. The records shall 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 end 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 wilt 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 hi ex cess of'50 ppm, and shall inform him of the corrective action being taken. (d) Compliance. (1) Whenever any monitoring sample reveals vinyl chloride at a concentration In excess of 50 ppm, or whenever any accident, such as 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 n safe area and shall not bo 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 in excess of 50 ppm, such as repair, maintenance or cleaning of re actors or other equipment containing vinyl chloride, shall be nccompb-Vd only by employees wearing Type C coni inuous flow or pressure demand air supplied res pirators or self-contained breathing ap paratus. (3) In any case covered by para graphs (did) or (d)(2) of this section, in addition 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 tire permlssable level. Such controls shall be implemented as quickly as possible, (4) Periodic tests shall be conducted for equipment leaks and for emission.! of vinyl chloride wliich may result from work practices. , 3. In 29 CFR Part 1910, } 1910.19 Is revised to read as follows: 1910.19 Special provisions for nir eon- Intniuaiils, (ft) Asbestos dust. Sort ion 1910,93a shall apply to the exposure of every em ployee to asbestos dust in every employ ment and place of employment covered by S 1910.12, I 1910.13, { 1910.14, i 1910.15, or i 1910.16, in lieu of any dtf- Ho. 07--rt. FEDERAL REGISTER, VOl. 39, NO. 67--FRIDAY, APRIL 5, 1974 AS I 000017394 " '-mss, 123-11 RULES AND REGULATIONS fcrenl standard on exposure to asbestos dust which would otherwise be appli cable by virtue of any of those sections. (b) Vimi chloride. Section 1910.93q shell npply to the exposure of every em ployee to vinyl chloride In every employ ment and place of employment covered by 5 1910,12, S 1910.13, 5 1910,14, S 1910.15, or 5 1910.16, 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 5, 1974. (fiecs. 4, C, Olid 8, B4 Stnt. 1602, 1690, 1699 (29 u S.c, 053, 655, 667); Secretary of Labor's Order No. 12-71, 36 Fit 8764.) Signed at Washington, IX!., tills 2d day of April 1974. John Stender, Assistant Secretary o/ Labor. |Fit Doc.74-7890 Filed 4-4-74;8:45 am] Title 32A--Notional Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS, department of the interior [Oil Import Peg. 1 (Rev. 6), Amdt. 66] OIL IMPORT REG. I--OIL IMPORT REGULATIONS Canadian Imports Thero 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 5) made the changes 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 29 and 33 was deferred until discussions could bo held with the Canadian government to determine their export policy, Thoso discussions have been concluded, Tire Canadian govern ment plans to continue to control ex ports along the lines of their present controls for at lonst through September 1974 at which time the method of contiol may bo 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, 1975, licenses will only be Issued initially for one half of the May 1, 1974 through April 30, 1975 al location period and the licenses will only be valid for a .six month period unless extended by the Director. This procedure will provide for needed flexibility should the Canadian evport ixjjicy change to the extent that It Is necessary to further modify the affected sections of the Oil Import Regulation to conform to such chan geo. As slated In the preamble to Amend ment 61 1 tie three tier system proposed for malting allocations under section 29 did not receive complete acceptance. Also, tlio proposed chnngo 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. For these reasons it has been decided to retain the historical basis for making allocations of Canadian Imports into Distiicts I-IV. The major change is a provision that requires that a person having an alloca tion of Canadian Imports must process the entire volume of Canadian imports In his owui facility. The changes to section 33 are strictly technical in nature with the exception of the licensing periods referred to above. Tills amendment aPo 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 fj om 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. William A. Vogfly, Acting Deputy Assistant Secretary of the Interior. Approved William E. Simon, Deputy Secretary of the Treasury. A new paragraph m is added to sec tion 3 to read as follows: See. 3. Allocation period*. * * (f) Notwithstanding the provisions of paragraphs (a) and (c> of this section Sam of each eligible applicant's allocation of Canadian Imports In K>7,'l pursuant to sec tion 23 and section 21-expressed In barrets per day --------------------- - -...... - -------------------- Sum of all allocations of Var-adlan Imports in 1973 pursuant to section 23 and section 21-exprCssed in barrels per dny (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, 1974 unless extended by the Director. The Director shall Issue before November 1, 1974 a second license to each eligible applicant equal to the remainder of the allocation calculated pursuant to subparagraph (1) of tills paragraph. Such licenses shall expire on April 30,1975, (e)(1) Except ns provided for in subparagraph (2) of this paragraph a per son who Imports Canadian imiwrts must process all such imports In his own facil ity. For the purpose of this paragraph, blending by mechanical means does not constitute processing. (2) (i) Canadian imports may be ex changed on a barrel for barrel basis for other Canadian lnpiortn but each person receiving crude oil or unfinished oils In the exchange must process the crude oil entries for consumption of Cnrrdian Im ports by pipeline may he made until mid night of May 15 following expiration of the allocation period In which a license authorizing such imports from Canada was Issued. Section 29 is amended in its entirety to read as follows: See, 29. Canadian Imports--Districts 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 States by overland menns or over waterways other than ocean waterways. (b) To be eligible for an allocation of imports under this seed ion, a person must have In Districts I-IV a ficllity 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, 1075 of not to exceed 762,000 average barrels dally of Canadian im ports Into Districts I-IV, (d) (I) The 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 l, 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 762,000 barrels/day or unfinished oil received in his own facilities. Settlements, credits, monetary, or accounting adjustments reflecting the relative values of the oils involved in the exchange are permissible. (11) Canadian Imports which are sold to meet the requirements of regulations published by the Federal Energy Office shall not be subject lo the provisions of paragraph (e) of this section. (f) If a person who receives on alloca tion of Canadian imports under this sec tion fails to import the total quantity of imports specified in the allocation, or If he falls to process all such Imports (or Canadian imports received In exchange for such Imports) in his facilities be fore July 1, 1975, or if he falls to meet the requirement of parent aph (e) of this section, 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 by the Di rector by the amount of Canadian lm- FEDERAL REGISTER, VOL. 39, NO, *7--FRIDAY, APRIL 5, 1974 AS I 000017395