Document Mm45Jy185y5MROn0wZZ6Rgzy

, ****** J. * * - - -- -' Titio 20--Labor 50 ppm, ;n order !' "A-s In a mam' ram standard. In a te'egrain to the As r'rlflPTEn XVII--CCCti PAT lOFAI. SAFETY and h-tauii APMir.isTnAnON, utrPARTMtfir OF LACOit TART 19JO--O'ECnrATIDUAL 2A2LTY AND HEALTH tiTAHUARDS . del.li.! i\e wav v. .'."'.Vr rl'./.i furl r f sistant Sarint uy of Labor, r mu l on iw ,ii: i; pirduces tnira.. ; ,n r nimais Dun or about Match I I, 1971, the l'.'* .Idcnt rei.oilcd by I'mla! on, u^cii and Itowo of the Unite:! Itu.ibcr Workci-. Tnt,-: na (Ameiican Indu..trial L;.;'' no Associa tional Union nr'cd the establ: hment cf tion J 22:3a I-fldl (l.'OD ) i'.cm ate chat, an emctgcncy lemporary st. ndeul for cxi.-onuo to VC at r,;,iicntiationJ of 50, VC. During the hearing of February 15, Emerrency Terupartuy r.tsndard for ppm failed to induce tumors in rale, 1374, the Industrial Union Department, Exposure to Vmyl Chloride hauiMvis. raln.il,;, ami den.,!. AFL-CfO, anti the United Rubber Work 1. Background. Vinyl chloride (clfioro- ctheue). Chemical AbetnuTs Service Registry No, 75013, is a synthetic chemi cal made by oxychlorination of ethylene or by hydroehlorination of acetylene. It is the parent compound of a senes of thermoplastic resin polymers and co polymers which are v.idely used lor con tainers, wrapping tissues, electrical in sulation, pipe, conduit and a vane tv of oilier products. Vinyl chloride lias been made commercially in this country since J9J9 and present production is in excess of seven billion pounds per year. Vinyl chloiide (VC> is a. gas at am bient temperature and pressure and Is a chlorinated hydrocarnon winch has mod erate Jivcr toxicity. The present standard acts' a ceiling value of TOO pans per million (ppm) t29 cm 1910,93). On January 22. 1971, the Occupational Safety and health AdmmisUation was informed by the National Institute for Occupational Safety and Health (NTOSK) that the B. F. Goodrich chem ical Company reported that deaths of severapof its employees from, a rare form of liver cancer may have been occupa tionally related. As a result of this notification, and after consultation wjth NfOGII 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 pol>.in>l cliioride was an nounced on January 30. 1974 (39 IB 3S74), and held on February 15, 1974. The employers cf the li. F. Goodrich Chemical company v ho (had from an gle: .treoma of the h'.cr had an average csiiaaic of approximately 19 years to \myl chloude, at unknown comoutrn- tions, and vanaulo exposures to oihi-r vululde chemicals, ('lit 91), Borne cm- plo;.ec.i of Union Carbide Comp,my and Good;., r.r Ccmpanv me ehn reported m a pc: t-heaiiur; comment from 2,'iodif dati d March 11, 19,1. to have had ex posure to \inyl cliioride .and to have died from aiiuinsarcoma of the liver. Finally, autopsies of four dcoen.red employees re vealed-that liver aiifho-arcoma turnc'. were histologically indistmgurtiablc from the angiosarcoma tumors observed in Professor Maltoni'.'-, expei uncntal ani mals. It is eonehuk'd there lore, that vmyl cliioride is carcinogenic for hu mans. VV./ce tinheirefore conclude that the present ^standardd for VC should be lowered from J a ceiling of 500 ppm to a ceiling of 50 v-ppin for the following reasons: (e.) In light of the evidence referred to above including the Maltoni experi ments demonstrating that VC is carcino , genic in animals at 230 ppm, we conclude that VC must be contidored 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 be without detrimental health effects: er.', International Union made a joint petition for an emergency temporary standard for VC (TR 141-l-,'2>, which was iib-o joined by the Oil, Chemical and Atomic Workers International Union (TR 37). At the same-hearing, several participants urged. Oil the other hand, a :i pilar rulemaking proceeding as Hie most .suitable lor the orderly develop ment of relevant Information (TR 112, 160). The petitions for an emerg J'cy tem porary standard specified in detail the contents of the standard requested. In fib-tanco. the request is to 1 sue a comprehc.nsr.e fu."--develcpcd standard based on tlie recnmmend.v.io'n of the Standards Advisory Committee ou Car cinogens submiib'd to the A. sim.rit Sec retary of Labor on or about Aumst 27, 1973. The recommendations are farranging, and rover special cate Tories of operations, signs and labels, medical sur veillance, renoi ting, etc., including a per mit system for the use of a carcinogen. V/c 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 as the one requested, is cither neces sary or even drrirable. It has been de'cidod to promulgate a standard contain ing only those essential provisions which are deemed necessary to provide protec tion to employers from grave danger until a regular rulemaking prorredirg in accordance with sections 0 (b) and (r> of the Act can be concluded. The rea sons for a decision to establish a ceiling 2. Carcinogenicity at VC. Information (c) The question whether safe levels value of 50 ppm have already been produced at the hearing demonstrated of exposure to carcinogens exist for hu stated. A decision on oilier possible, ap that exposure of laboratory animals mans and, If so, what such levels would, propriate provisions is best made after (mostly Spragtie-Dawlcy 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 views that interested persons may sub OSHA standard of 500 ppm Induced sor Maltoni did not observe tumors In mit during tlie proceeding soon to be tumors, including* angiosarcomas of the his animals at exposure concentrations initiated. * liver. Professor Ccsare Maltoni., of the ^f 50 pr>m. In addition, Torkelson, Oycn. With respect to arguments in opposi Institute) di Oncolosia, Bologna. Italy, re and Rowe found that exposure to con tion to issuance of nn emcigcncy tem ported on a series of experiments on the centrations of 50 ppm of VC failed to in porary standard, the concern ,"id efforts effect of exposure of rats, .mice, and duce tumors in rats, hamsters, rabbits, of several companies participatu'g at tho hamsters to VC at concentrations of 10,- and dogs. Accordingly, there is insuf hearing for the protection of their em 090; 6,000; 2,500; 500; 250; and 50 ppin ficient evidence at this time to conclude ployees are recognized. It may also be for varying periods of time ITR 43-63). that VC at concentrations of 50 ppm or that some employers in some plant.; have Some of the experiments have been con below poses a grave danger to humans, fully complied with tlie interim controls cluded, and others are still ongoing. The (d) The emergency temporary stand- recommended by NIOSH on January 30, experimental results so far reported are^ ard adopted represents a substantial rc- 1974. There is, however, reason to believe that tumors have, been observed InJ Auction in the permissible level of expo- that employees are currently being ex groups of animals exposed to VC at con-1 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 was asserted several time3 have been observed in the group of anl-v wlth immediately; and - at the hearing, and not seriously ques mats exposed to VC at a concentration (e) This standard will be In effect for tioned. Moreover, a report, date 1 March of 50 ppin. 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 nvimbers of angiosarcomas of the possible safe exposure of humans to VC several facilities manufacturing VC and liver, decrease as the concentrations of will 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 wliich are under way at this as 229 ppm. .Therefore, a regulation Is toni is underway Involving the exposure time (TR 47, 49, 71-74). O 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- FEDERAl REGISTER, VOL 39, NO. 67--FRIDAY, AfRIl 5, 1974 . l !3/i QCG J.Q97 RULES AND REGULATIONS 1OT3 J[ VC Also, the eight-hour, time- Secretary of Labor'r. Ordr No. 12-71 (36 CA) Employee observation of monitor average standard suggested hy Sr'It C751. 22 CPU. Part 1210 is amended ing. Employees working in an area or ^Ka[prtaiertiicpipaannttss aatt tthhee hheeaarriinngg ((sseeee,, 4fbbyy aaddddiinngg *th' eret'o.....a.....n..c. ...v........1..2..1"0.53q `to~ operation whose ambient air is moni ^BaJailueeee, TH 178), has been rejected., ((rreeaad as set forth below, hi addition, pur tored, or their representatives, shall be' BBPfktrrcchh 11007711 rreeppoorrtt ooff tthhee ssuurrvveeyy rree-- suant to section 4(111 (2) of the Act (34 given a reasonable opportunity to observe led that several hinds of work or op- Stat. lfif/2; (23 UCC. 653)). the stand the personnel monitoring required by nous are of short duration. Loading unloading of a tank car may require iroximately la minutes. The cleaning a reactor may require approximately ard m tire new 5 l.OlORTq is determined this section. to be more Directive than the corre /pi (5) Eccvrdkreving. The results of ail sponding standards now m Suhpait B of (fiyl'.onitoring shall be recorded in writing. Part, 1210, in Parts 1015. IP 16. 1017. 11)16, The records shall he retained for at least if an ubui. An eight-hour, tnne-f and 19-'G of title 99, Ode of Federal Tieg- 5 yc-ars and shall be made available for .ghted average standard would peiniitX ulati ms, and m Part 00-204 of T.tlc 41 of inspection and copying by representa josure to VC at concentrations of 400( the Code of Federal Regulations. Theie- tives of the Assistant Secretary of Labor ,n for one hour. Such upwaid excur-\ foie. those correspond!:!,': standards are for Occupational Safety and Health a?, several tunes the 50 ppm level, can-/superseded by the new standard in and tlie Director of the National Insti t bi permitted to occur, J 1910.93q. tute for Occupational Safety and Health The. standard. Tlie standard ret out 1- In 29 CFR Part 1010. 1910.93 Is law contains oply the requirements cured necessary to provide protection lore the conclusion of the rulemaking seceding to be commenced shoitiy. Because exiKisure to VC is hazardous, id because such exposure can occur in u? processes of synthesizing or jiolym- amended by deleting from Tabic G-1 the line: * C Vinyl chloride * * * D0!\, * * * 1300". 2. Part 1910 of Title 29 of the Code of Federal Regulations is amended hy adding thereto a new j 1910.93q to read as follows: iniiu of VC or in the handling of VC 19 I 0.93if Vinvl chloride. ilymcrs'or copolymers which contain isoibc-d VC. this standard ch processes and to tlie applies to handling, raeIl-l ff (a) Scope and scerc^t1i1on applies to application. any area or (1) This operation (NTOGII), (6) Employee access. Each employee and foi mcr employee shall have access to such records of the results of monitoring required by this section as will indicate lus own exposure to airborne concentra tions of vinyl chloride. (7) Employee notification. Each em ployer shall promptly notify any em ployee who lias been or is being exposed to vinyl chloride in concentrations in ex cess of DO ppm, and shall inform him of ding. manufacturing, processing, re- > / Inch vinyl chloride (chlorocthene), using, repackaging, or storage of any of icse materials. The monitoring lcquivcents serve t.,o purposes, to tugger mto \ eniical Abstract,? Service Registry Number 75015, is manufactured, reacted, handled, processed, released, repacked, 'nation a compliance program and to or slorod. aci: the effectiveness of tiie program. (2i This section docs not apply to the I in. engineering controls are favored lor handling, storage, or oilier use of vinyl cutipliancc, and respirators are intended chloride polymers and copolymers in the v provide protection until such controls form of fabricated products. installed or in cases v.litre such lb) Permissible exposure. Tlie occupa are not feasible. tional environment shall he controlled so ^^Kordingly. by reason of the foregoing tint no employee is exposed to vinyl tlie basis of tlie record of the clUoride at a concentration in excess ^mrr of February 15, 1974, with ex- of 50 parts per million (ppm) (127.0 ilbits, >cfore the thee written hearing psuurbsmuaisnstiotonsthreecneoivteicde^,mg(c'c' uMmmoo).nnuitoorninngg----(ul) Innuintiaail mmoonnuitoorr-- >f llio lies3ms. the post-hearing wrlUcfiJ1"^ ** won as possible but not later than\ ubmissioinnss- hbvy tthhe- pnaarrtliicciinpaannttss aatt UlliieX Apiil 1j74, c\cry employer of an em i'caring. tlie Marcli 1971 report of a fact ployee working in an area or operation in finding survey recommendations received I which vinyl chloride is manufactured, re from NrOSir, and the other data referred acted. handled, processed, released, re to hc-roin. it is found (4) that VC at con-i packed,*hr stored shall begin monitoring ecu Ira lions in excess of 50 ppm is physi-' the ambient air of tiie area to determine cslly harmful and carcinogenic; (2) that whether It contains \ myl chloride in con exposure to VC'at concentrations in ex centrations in excess of 50 ppm. cess of a concentration of 50 ppm poses a nave danger to employees: (3) that em (2) Frequency. Monitoring of a suffi cient number of employees so that, a ployees arc presently exposed to VC at representative sample of exposures to concentrations in excess of DO ppm; and vinyl chloride may be determined shall (4) that the emergency temporary stand be accomplished not less frequently,than ard set out below is necessary to prouv,i--dev, week,y until all results for three cousccu- Immediate protection to employcts frou^*''}' necks Bre or beiow 50 ppm. Thcre- the correct ive action being taken. (d> Compliance. (1) Whenever tiny 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 tiie likelihood of a greater than usual release of vinyl chloride into tlie ambient air, all employees exposed to such con centrations shTiIl be withdrawn to & safe area and shall not be permitted to leciitc-r tiie vcik area tuilccs they wear cither Type C continuous flow or pres sure demand air supplied respirators or self-cont iiued breathing apparatus. (2) Work which may reasonably be expected to release vinyl chloride in con centrations in excess of DO ppm, such as repair, maintenance pr cleaning of re actors or other equipment containing vinyl chloride, shall be accomplished only by employees wearing Type C oontinuous flow or pressure demand air supplied res pirators or self-contained breathing ap paratus. (3) In any case covered by para graphs (d)(1) or id) (2) of this section. In addition to providing the required respirators, the employer shall examine and analyze tlie source of tlie excessive . concentrations of vinyl chloride In order to determine feasible engineering or op such danger. Pursuant to section 6(c) of the Occu pational'Safety and Health Act of 1970, a proceeding will commence shortly In accordance with section C(b> of (he 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 President's Council on rnvironmental Quality, and copies will be provided to appropriate Federal agencies for comm, e,nts. J after, monitoring shall be conducted not erational controls-appropriate to reduce less frequently than monthly so long as the airborne concentrations to the perthe concentrations of vinyl chloride do missable level. Such controls shall be not exceed 50 ppm. if a monitoring sum- implemented ns quickly as possible. pie reveals vinyl chloride in concentra (4) Periodic tests shall be conducted tions in excess of 50 ppm, weekly moni- for equip_m__e_n_t__l_e_a_k__s and for emissions toring shall be resumed until all results' of vinyl chloride wliich may result from for three consecutive weeks are at or below 50 ppm. (3) Method of monitoring. Personnel monitoring shall be accomplished by col work practices. / 3. Tn 29 CPU Part 1910, { 1910.19 Is revised to read as follows: lecting samples by suitable devices worn 1910.19 Special provisions for air eon- hy tiie employee. Tlie samples shall be tumiuant?. analyzed by g is chromatography or by (a) Asbestos dust. Section 1910.93a o% other method which is of equivalent shall apply to the exposure of every em ursuant to sections C(c) and C(c) (3) 1 sensitivity. The analvtical procedure ployee to asbestos dust in every employ Wvthe Y/imams-SUlgcr Occupational 7 shall be sensitive to 5 ppm of vinyl chlo- ment and place of employment covered ^atetelty and Health Act of 1970 (84 Stat, / ride in air with an accuracy of 20 per- liy 1910.12, 1910.13, 1910.14, 159G, 1099; (29 U.S.C. C55, C57>), and( cent fora ten minute air sample. 1910.15, or 1910.16, in lieu of any dif- KDERAl REGISTER, VOt. 39, NO. 67--fRIDAY, APRIl 5, 1974 OCC 1098 123 It - RULES AND Rt'CyLATIONS fcrcnt standard on cxiwsure to asbestos dwt which would otherwise be ppplicable by virtue of any of those sections, <b) Vinyl chloride, .lection 19l0.l5a shall apply to the exposure of every em ployee to vinyl chloride In every employ ment and place of employment cuvcied by { 1910.ll>, 5 1010.13, 5 1010,11, i 1910,15, or 5 1910,10, In lieu of any dif ferent standard on exposure to vinyl chloride which would otherwise be ap plicable by virtue of any of tlio.se sec tions. Effective dete. These amendments shall become effective.on April a, 1074. (Secs. 4. e, and 8, Oi hint. 159.1, 1596. 1599 (29 TJ.SC. C53, C55, C-j7); Secretary ot Labor's Order No. 12-71,3U i'll 5754.1 Signed at Washington, DC., this 2d day of April 1974. Jonn SrENDEn, Assistant Secretary of Labor, I PR Doe.74-7800 Piled 4-4-74; 8:45 am] I----------- Federal mandatory crude allocation pro- entriki for consumption ot Car-xii.-.n hu. grn:\ in ii.s present form. The Trdcrat potts\jy pipeline may be made paid mb:. Eik ; Cairo ''.ns jv,; r-d chances' night tf May 15 following expiration of to pirar.-.a. For th- re iv: runs it the al'Vcation period in which a ia ime liar, Levd-vuied to u-turn ihe hTtniical authorising such imports from Canada ha ;;,s ior';n.i'.;ng a!l:'*'".'iou: of Canadian was issued. impOitr, into Oictilets T-il'. The major change ;s a .provision thrd rcquii es that a person iia 'hi: an allocation of Canadian Imports u\<i\ process the entire volume of Canadian imports in Ills own facility. The ci1 t.;',l.\to s-.cMcu ,j3 are strictly Section 29 is amended in Its entirely to read aw follows: Sec. 29. Canadian Imports--Di.-trieis t-- iv. A (a) As u^xl In this section, the term technical in nature with. Cae eru ption of tlie licr.n-. mg pcAjods referred to above. This anieiifhneijt alio amends section 3 to provide that Li.tries for consumption of Canadian imports by pin, line under a license l.uu'-d puia-ur.ut to there regula tions may be made tuntil midnight of May- 15, loll owing the end of the allo cation peiiod iu'which (ho license authonwin; such imports from Canada was issued. This fifteen day <-,,,rl.-:> Ir, neces sary to prevent disrupting of pipeline operations at the tnd of each allocation period. This amendment 65 becomes effective on April 5,137-1. Wii.t.uu A. Vogely, \ Actiiift Deputy Assistant \ - Secretary of the Interior, "Canadian i.npoiU'' means Imports from Canada of ciyde oil which has been pro duced in Canada and unfinH.-ed cats which have b?cu derived from crude oil or natural gas, produced in .Canada ami which have b^en transported Into the United States bj* overland means cr over waterways other than ocean w.atc: ways. ib) To bo el:A'.b!c for an allocation of imports under tli,s section, a person nm-t have in T.w,,ricts\I-IV a facility capable of processing CanViian import*. * (c) The Director shall, in accordance with tho terms piiparngraph (d)(1) of this scctlor.. make ktlocntion; for the al location period Mlay 1, 1971 through April 30, 1975 of TMt to exceed 733.000 average barrels daily ot Canadian Im ports Into Districts IWXV. Approved Wny.TAM E. Simon, Deputy Secretary of the Treasury. (d) (1) Tlie Director shall make allocattons not subject to license fees of Canadian imports coieligiblc applicants who received allocations of such Imvort- A new (paragraph (I) is added to sec tion 3 to Vend as follows: Sec. 3. A(localion periods. * for the period January 1, 1573 threugu December 31, 1973, pursuant to section . *23 or from the OB-imp^rt Appeals Koaru ' under section 21, or froK both. Each such applicant shall be enMty.,1 to r.r. idhca <f) NotvMthstanding the provisions of tion of Canadian lmpoifs calculated i.r pamgraplis\(a) and (c) of this section accordance with tho following fermu'a. Sum of each yniglMc apnllcp.nt'a allocation of Canadian Imports in 1970 pursuant to sec tion 23 and setUon 21-cxpicsscd in barrels per day A, Sum of all allocations of Canadian imports *ln 1073 pursuant to ccctlou 23 and section 21-exprcsscd lit barrels per day X 763,000 barrels/ilay (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 Cl) of this paragraph, finch licenses shall ex pire on October 31, U 9 74 unless extended by the Director. The Director shall Issue before November 1, *971 a second license to each eligible applicant equal to the remainder of the allocation calculated pursuant to subparagraph <D of this paragraph. Such licenses shall expire on April 30,1975. \. (e)(1) Except as provided for In subparagraph (2) of this paragraph a per son who imports Canadian imports mast 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 import.^ may be ex changed on a barrel for barrel basis for other Canadian imports but each person receiving crude oil or unfinished oils in the exchange must process the crude oil or unfinished on received In his ofacilitiks. Settlements, credits, mor.eta.. or accounting adjustments mlccling t relative Vilucs of the oils involved in t exchangeWc permissible. (II) Calledlan imports wliich are so' to meet theyreauirements of regulate',* published byi the Federal Energy C.`. ` shall not bc\subject to the provUk. of paragraphic) of this section. r (f) It apersor. who receives an a lie,, tion of CanaHiarV imports under this ttion foils to lmwi t the total quen : of Imports specified in the allocation. If he falls to proces\ all such Import s Canadian imports received in exchv; for such Imports) in his facilities fore July 1, 1975, of If he falls to n the requirement of paragraph <e) of t section, then any allocation of Canac Imports for Districts I-IV to which a person may otherwise be entitled (or first allocation peiiod beginning a April 30,1975 shall be reducofi by Hit rector by the amount ot Canadian OCC 1099 FEDERAL REGISTER, VOL 39, NO. 67--rKlDAV. AMU 5, 1*74 ;