Document NEm8Rd5xK565yv0jywD2vVbGg

H 5#*-- FILE ROPY 1+2XZ V tULES AND REGULATIONS DO t t VC Title 2*3--Labor 20 ppm. in order to assess in a more ran/ standard. In a MIAiirijn to the As CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS definitive way wnciber that lei cl of ex posure produces tumors in animals Data reported by Tortelson, Oyen and Rowe (American Industrial Hygiene Associa tion J 22:354-361 (1961)) indicate that exposure to VC at concentrations of 50 sistant Secretary of Labor, received an or about March 14. 1974. (he President of the United Rubber Worker*: Interna tional Union urged the establishment of an emergency temporary standard for VC. During the bearing of Prtvaary 15. Emergency Temporary Standard far ppm failed to induce tumors to rats, 1974, the Industrial Colon DeparcumaL Upoutre to Vinyl Chloride hamsters, rabbits, and dogs. AFL-CIO. and the United Rubber Work 1. Background. Vinyl chloride (chloro- ethene*. Chemical Abstracts Service Registry No. 75015. Is a synthetic chemi cal made by oxyehlorinatioa of ethylene or by fcydrochlorination 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 end a variety of other products. Vinyl chionde has been made commercially in this country since 1939 and present production is in excess of seven billion pounds per year. Vinyl chloride tVC) is a gas at am bient temperature and pressure and is a chlorinated hydrocarbon which has mod erate lirer toxicity. The present standard sets a ceiling value of 500 parts per million <ppro) (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 (NTOSH) 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 NTOSH and a joint inspection of the plant by OSHA. NTOSH, 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 3874), and held on February 15, 1974. 2. Carcinogenicity of VC. Information produced at the bearing demonstrated that exposure of laboratory animals (mostly Sprague-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 di Oncologia, Bologna, Italy, re ported on a senes 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 43-63). 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 la 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 cf 50 ppm. It also appears so far that the total number of tumors, as well as the numbers of angiosarcomas of the er. decrease as the concentrations of VC are reduced to 250 ppm. Finally, 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 arc also reported in 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 liver angiosarcoma tumors were histologically indistinguishable from the angiosarcoma tumors observed in Professor Maltcnl'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 ceiling of 50 ppm for the following reasons: (a) In 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 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; (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 case of VC, Profes sor Maltonl did not observe tumors in his animals at exposure concentrations of 50 ppm. In addition. Torkelson, Oyen. and Rowe found that exposure to con centrations of 50 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 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 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 ers International Union made a 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 Tor the orderly develop ment of relevant information (TR 113. 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 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 Is necessary; we cannot say on the basis 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 danger until a regular rulemaking proceeding in accordance with sections 8 (b) and <c) of the Act . n be concluded. The rea sons for r. 0 vision to establish a celling value of 20 ;pm 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. It may also be that some employers In some plants have fully complied with the interim 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 ppm. This was asserted several times at the hearing, 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 another experiment by Professor Mal- experiments which are under way at this as 229 ppm. Therefore, a regulation is toru is underway involving the exposure time (TR 47. 49, 71-74). considered necessary to provide, immedi of 200 animals to VC at concentrations of 3. Petitions lor an emergency tempo- ately, adequate protection to workers ex- KOAL REGISTE*. VOL 39, NO. 67--FtIDAY. ArtIt S, 1974 ucc 060213 * 1 RULES AND REGULATIONS 13*3 to VC' A too. 'lif * hi -hour, nree- ^ritnix arm?? TianC.sri suggested by ^.-era; partic. parts at the hear.ner tree. iz-'ii-'Kf TR lT8i. has been rejected. Tb Ma.-- h 1974 report of the survey rerea'.ed :.`.at several kinds of work or op erations are of abort duration. Loading or unloading of a tank car may require ipproximaiely IS minutes. The cleaning of a rev* lor may require approximately half an hour. An eight-hour, timeweighted average standard would permit exposure to VC at concentrations of 400 ppm foe ooe hour. Such upward excur sions, several uir.es the $0 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, and because such exposure can occur in the processes of synthesizing or polym erizing i vc or in the handling of VC polymers or copolymers which contain ateorbed VC. this standard applies to aU such processes and to the handling, re acting. manufacturing, processing, re leasing. repackaging, or storage of any of these materials. The monitoring require ments serve two purposes, to trigger into operation a compliance program and to check the effectiveness of the program. Also, engineering controls are favored for compliance, and respirators are intended tWo Vprovide protection until such controls be installed or in cases where such Hon.tools are not feasible. " Aaccordingly, by reason of the foregoing and on the basis of the record of the tearing of February IS. 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 tearing, 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 m excess of 50 ppm is physi cally harmful and carcinogenic; (2) that exposure to VC at concentrations in ex cess of a concentration of SO ppm poses a crave danger to employees; (3) that em ployees are presently exposed to VC at concentrations in excess of 50 ppm; and 4* that the emergency temporary stand ard set out below is necessary to provide immediate protection to employees from such danger. Pursuant to section 6<c) of the Occu pations! Safety and Health Act of 1970, a proceeding will commence shortly In accordance with section 6(b) of the Act, fa which the emergency temporary standard will serve as a proposed rule, together with other subsidiary rules. As ;-v>n as possible a draft environmental impact statement will be filed with the President's Council on Environmental Oiahty. and copies will be provided to itner appropriate Federal agencies for '.heir comments. ^Pursuant to sections S^c) and 8(c) (3) the V/illiaras-Steiger Occupational Safety ar.d Health .Act of 1970 (84 Stat. ItSC. 1563; <29 UJ5.C. 655, 657)), and Secretary of Labor's Order No i36 14) Employee observation at monitor FR R754'. 29 CFR Part 1930 is amended ing. Employees working m an area or by adding thereto a new { :93(V93q to operation whose ambient air Is moni read a.t set forth below In add:':on, pur tored. or their representatives, shall be suant to section 4,b>;2' of the Act -84 given a reasonable opportunity to observe Stat. 1592; (29 US.C. 633''. the stand the personnel monitoring required by ard in the new i I9l0.93q is determined this section. to be more effective than the corre (5) Recordkeeping. The results of all sponding standards now in Subpnrt B of monitoring shall be recorded in writing. Part 1910. in Parts 1915. 1916.1917. 1918. The records shall be retained for at least and 1926 of title 29. Code of Federal Reg 5 years and shall be made available for ulations. and tr. Part 50-204 of Title 41 of Inspection and copying by representa the Code of Federal Regulations. There tives of the Assistant Secretary of Labor fore. these corresponding standards are for Occupational Safety and Health superseded by the new standard in and the Director od the National Insti I l10.93q. tute for Occupational Safety and Health 1. In 29 CFR Part 1910, } 1910.93 Is (KIOSH). amended by deleting from Table 0-1 the <6> Employee accent. Each employee line;...........C Vinyl chloride * 500 and former employee shall have access to * 1300". such records of the results of monitoring 2. Part 1910 of Tide 29 of the Code required by this section as win Indicate of Federal Regulations is amended by his own exposure to airborne concentra adding thereto a new f 191053Q to read tions of vinyl chloride. as follows: (7) Employee notification. Each em 1910.93q Vinyl rliloridr. ployer shall promptly notify any em ployee who has been or is being exposed (a) Scope and application. (1) This to vinyl chloride in concentration* in ex section applies to any area or operation cess of 50 ppm, and shall inform him of in which vinyl chloride (chloroethenei. the corrective action being taken. Chemical Abstract* Service Registry (d> Compliance. (1) Whenever any Number 75015, is manufactured, reacted, monitoring sample reveals vinyl chloride handled, processed, released, repacked, at a concentration in excesa of 50 ppm, or stored. ... or whenever any accident, such as rup (2) This section does not apply to the/ ture of equipment or spillage, indicates handling, storage, or other use of vinyl the likelihood of a greater than usual chloride polymers and copolymers In the! retease of vinyl chloride into the ambient form of fabricated products. -J air, ail employe erpaeed to such con <b> Permissible exposure. The occupa centrations shall be withdrawn to a safe tional environment shall be controlled so area and diall not be permitted to re that no employee is exposed to vinyl enter the work area unless they wear chloride at a concentration in excess either Type C continuous flow or pres of 50 parts per million (ppm) (127.0 sure demand air supplied respirators cr mg/cum'. seif-contained breathing apparatus. <c) Monitoring--(1) Initial monitor (2) Work which may reasonably be ing. As soon as prredhle but not later than expected to release vinyl chloride in con April 22, 1974. every employer of an em centrations in excess of 50 ppm. roch as ployee working In an area or operation in repair, maintenance or cleaning T re which vinyl chloride is manufactured, re actors or other equipment ccntoiimg acted. handled, processed, released, re vinyl chloride, shall be accomplishe-t <*017 packed. or stored shall begin monitoring bj employees wearing Type C continuous the ambient air of the area to determine flow or pressuredemand air supplied res whether it contains vinyl chloride in con pirators or self-contained breathing ap centrations in excess of 50 ppm. paratus. (2) Frequency. Monitoring of a mis, (3) In any case covered by para cient number cf employees so that | representative sample of exposures to vinyl chloride may be determined than be accomplished not less frequently than weekly until aU results for three consecu tive weeks are at or below 50 ppm. There graphs (d> (1) 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 after. monitoring shall be conducted not erational controls appropriate to reduce less frequently than monthly so long as the concentrations of vinyl chloride do not exceed 50 ppm. IT a monitormg 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 monitoring shall be accomplished by col 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 <vniiwn of vinyl chloride which may result from work practices. 3. In 29 CFR Part 1910, S 1910.19 is revised to read as follows; lecting samples by suitable devices worn g 1910,19 Special provision* for air con- by the employee. The samples shall be laminant*. analyzed by gas chromatography or by (a) Asbestos dust. Section 1910.93a any other method which is of equivalent shall apply to the exposure of every em sensitivity. The analytical procedure ployee to asbestos dust in every employ shall be sensitive to 5 ppm of vinyl chlo ment and place of employment covered ride In air with an accuracy of s20 per by $ 1910.12, } 1910.13, } 1910.14, cent for a ten minute air sample. i 1910.15, or S 1910.16, in lieu of any dif- No. C7--PI. I. FEDERAL REGISTER, VOL. 39, NO. 67--FRI0AT, APRIL 5, 1974 ucc 060214 iU4 RULES AND REGULATIONS Itrtr.l rtandard on expofure to asbestos dust amen would otherwire be app;:cafc'.e by n--ue of any of those sections. `S' Vtnyl chloride. Section 1910.930 shaS appl./ to the exposure of every emplot ee to Tiny! chloride in every employ' meat and place of employment covered by i 1910.12. I 1910.13. f 1910.14. 119:0.15. or { 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. r^echre date. These amendments shall become effective on April 5, 1974. (Sect . e. sod S. M Stst. ISM. ISM. ISM <M C3.C. eu. ess. es7>: Secretary of Labor's Order No. 13-71,34 TO 8754.) Signed at Washington, DC- this 2d day of April 1974. Jokjv Stekder. Assistant Secretary of Labor. in Doc.74-7890 riled 4-4-74:8:45 am) Title 32A--National Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS. DEPARTMENT OF THE INTERIOR IOU Import Reg. 1 (Rev. 5). Arndt. 65| OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared in the Pdxxai, Rac ism 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 be held with the Canadian government to determine their export policy. Those discussions have been, concluded. The Canadian govern ment plans to continue to control ex ports along the lines of their present controls for at least through September 1974 at which time the method of con trol may be 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 wifi only be issued iniuahy 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 export policy change to the extent that it is necessary to further modify the affected sections of the Oil Import Regulation to conform to such changes. As stated ir. the preamble to Amend ment *14 the three tier system proposed for making allocations under section 29 did r.ot receive complete acceptance. .Also, me proposed change to section 29 was predicated on a continuation of the Federal mandatory crude allocation pro gram In its present form. The Federal Energv OSice has now proposed changes to that program. For these reason* it has been decided to retain the historical basis for making allocations of Canadian Imports into District* I-IV. The major change is a provision that requires that a person having an allocation of 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 licensing periods referred to above. This amendment also amends section 3 to provide that entries for consumption of Canadian import* by pipeline under a license issued pursuant to these regula tion* may be made until midnight of May 15. following the end of the allo cation period in which the license au thorizing such imports from 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. WltXXAV A. VOCELY. Acting Deputy Assistant Secretary of the Interior. Approved William E. Botox, Deputy Secretary of the Treasury. A new paragraph (f) Is added to sec tion 3 to read as follows: See. 3. Allocation periods. *66 (f) Notwithstanding the provisions of paragraphs (a) and (c) of this section entries for consumption of Canadian :r. ports by p.peline may be made until m* Right of May 15 following expiration i the allocation period in wtuch a been, authorizing such imports from Canac was issued. Section 29 Is amended In Its enttret to read as follows i See. 29. Canadian Import*--DiuiO> I IV# fa) As used In this section, the ten "Canadian Imports" means import* froi Canada of crude oil which baa been pre duced in Canada and wmntjOwA oL which have been derived from crude o or natural gas produced in Canada an which have been transported into th United States by overland means or ove waterways other than ocean waterway: (b> To be eligible for an allocation c imports under this section, a person mu* have in Districts I-IV a facility capabl of processing Canadian import*. (c) The Director shall, in accordant with the terms of paragraph (d)(1) c this section, make allocations for the al location period May I, 1974 throug April 30, 1975 of not to exceed 762.00 average barrels daily of Canadian im porta into Districts I-IV. (d) (1) The Director shall make al locations not subject to license fees o Canadian imports to eligible applicant who received allocations of such Import for the period January 1, 1973 throug.1 December 31, 1973. pursuant to sectio: 23 or from the Oil Import Appeals Boar: under section 21, or from both. Each sue: applicant shall be entitled to an alloca tlon of Canadian imports calculated it accordance with the following formula Sum of each eligible applicant's allocation of Canadian Imports in 1S73 pursuant to lec tion 23 and section 21-expiesied In barrels per day ----^*---------------- Sum of ah allocations of Canadian imports In 1973 pursuant to section 23 and section 31-expreued in barrels per day X 762,000 berreU/day (2) The Director shall issue before or unfinished oQ received in his owt May 1, 1974 to each eligible applicant a facilities. Settlements, credits, monetary license equal to one half of the allocation or accounting adjustments reflecting th calculated pursuant to subparagraph (1) relative values of the oils involved In Um of this paragraph. Such licenses shall ex exchange are permissible. pire on October 31. 1974 unless extended (ii) Canadian Imports which are sok by-the Director. The Director shall Issue to meet the requirements of regulation: before November 1.1974 a second license published by the Federal Energy OGa to each eligible applicant equal to the shall not be subject to the provision' 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 shall expire on tion of Canadian imports under this sec April 30.1975, tion falls to import the total quantity (e) (1) Except as provided for in sub- of Imports specified in the allocation, or paragraph (2) of this paragraph a per If he fails to process all such imports (or son who imports Canadian imports must process ail 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 imports but each person receiving crude oil or unfinished oils in Canadian imports received in exchange for such imports) in his facilities be fore July 1, 1975, or if he fails to meet the requirement of paragraph (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 alter April 30.1975 shall be reduced by the Di the exchange must process the crude oil rector by the amount of Canadian im- FE0E8AI KGISTK, VOl. 39, NO. 67--FRIDAY, APRIl 5, 1974 ucc 060215