Document QgEDY94Ej76krN2ZzQ8Jgmj15

CHEMICALS GROUP Fiv* Extcutiv* Mail. Swadctford Road, VVayna, Pa. 19087' June 30, 1975 JUL7 1975 T. BARR Honorable John Stender U.S. Department o Labor Occupational Safety and Health Administration 1726 M Street N.W. Washington, D.C* 20210 JUL 18 1975 n. H. WHEELED JR. Re: Petition for Amendment of 29 CRF Section 1910.1017 Dear Mr. Stender: Pursuant to 29 CFR Section 1905.3, Air Products and ' Chemicals,. Inc. ("APCI") hereby petitions for an amendment to the definition- of "fabricated product" as set forth at 29 CFR Section 1910:1017(b)6. Other petitions fob an amend ment to the definition of "fabricated product" have been submitted by Dow Chemical U.S.A. and Union Carbide Corporation. The purpose of this proposed amendment is to expand the scope of the fabricated products exemption as it applies to certain resins and compounds (homopolymers or copolymers of vinyl chloride) which contain residual vinyl chloride mon omer at levels so low that fabricator and transportati n employees working with such low residual level product would not be exposed to concentrations of vinyl chloride in excess of the action level of .5 ppm 8-hour TWA. Proposed Amendment It is specifically requested that 29 CFR Section 1910.1017 (b) 6 be amended to read as follows: "(6) 'Fabricated product' means a product made wholly or partly from polyvinyl chloride (i) which does not require further processing at temperatures, and for times sufficient to cause UCC 010207 cr/ii "ftoc6ic2i <// C/temicat- Honorable John Stender June 30, 1975 Page 2 mass melting of the polyvinyl chloride resulting in the release of vinyl chloride to the workplace atmosphere In excess of the action level; or (ii) which does not contain more than *0050 weight percent (50 ppm) of residual vinyl chloride Rational for the Proposed Amendment The vinyl chloride standard (29 CFR Section 1910.1017) is complex, difficult to administer,- and--contains many burdensome requirements'on employers. It requires the use of sophisticated and expensive monitoring and analytical * equipment. These burdens are particularly oppressive to small businesses which manufacture fabricated products from polyvinyl chloride. Subsection (d) of the existing standard requires each establishment to carry out a program of initial monitoring and measurement to determine if employee exposure to vinyl 'chloride monomer ("VCM") is in excess of the "action.level." As shown in the attached exhibits covering a wide range of materials and a large variety of fabricating establishments, the residual vinyl chloride content of the polyvinyl chloride being processed can be well above 50 ppm without there being any employee exposure in excess of the action level. Currently, if a fabricator is processing material containing less than 50 ppm residual VCM, he must neverthe less cari^ out the program of initial monitoring. Although this is a needless and burdensome exercise at this residual level, the burden is not thereafter lifted. Further monitoring is required "whenever there has been a production, process or control change, or the employer has any other reason to suspect that any employee may be exposed in excess of the action level." Accordingly, a fabricator might have to remonitor whenever it changes its supplier of resin, the grade of UCC 010208 77& ant/ C/ltn/cO&- Honorable John Stender June 30, 1975 Page 3 resin, the time or temperature of melting,, its ventilating equipment etc. \ It is submitted that so long as the residual level of VCM in the resin is less than 50 ppm (this could be certified by the resin producer) neither the initial nor the subsequent program of monitoring is necessary or appropriate. Accord* ingly, fabricators processing material containing less than 50 ppm residual VCM exclusively would be relieved of the burdens of the standard. The requested redefinition of "fabricated product" would also serve to simplify the transportation and export of resins and compounds falling within the new definition. Petitioner is currently encountering resistance on the part of foreign purchasers of its PVC resins and compounds because of the warning lables required by 29 CFR Section 1910.1017(1)4. It is submitted that such labels are un necessary for polyvinyl chloride containing low residual levels of VCM. Government regulations in such foreign countries generally do require such labelling, and foreign purchasers in such countries are alarmed. Although it ~is clear that OSHA has no authority to require such labels on contaners of PVC after they have left the United States, OSHA does have the authority to require such labels so long as the product is in the United States and subject to handling by United States workers. It is impractical to remove the warning labels after the product has left the United States. The proposed amendment to the definition of "fabricated product" .would serve to obviate the necessity of warning labels on containers of polyvinyl chloride containing low residual VCM. In addition to granting relief as aforesaid, the redef inition of "fabricated product" would serve as an incentive to polyvinyl chloride producers to manufacture product containing less than 50 ppm residual VCM. Data in Support of the Proposed Amendment The data in the attached table provide the basis for this Petition. These data represent those monitoring UCC 010209 Honorable John Stenddr June 30, 1975 Page 4 results taken at fabricators' plants in recent months where the residual VCM level of the raw materials was known. Petitioner has many other monitoring results in which the residual VCM level of the material was not measured (but which from operating experience we believe to be in the same range) that confirm these findings. All results below 0.01 ppm for the 8-hour TWA have been reported as N.D. (Not Detectable) because of the demonstrat d sensitivity of the carbon absorption method published by NIOSH. Differences in reported results in this range are not sig nificant. ^ We believe that these data justify the requested amendment to the.definition of "fabricated product," and solicit your serious consideration. We will be glad to discuss this further with your staff if you so desire. Very truly yours. AIR PRODUCTS AND CHEMICALS, INC. RHS*swc Raymond H. Schenck Attorney UCC 010210 Date Apr. IS, 1975 Apr. W, 197S Apr. 13, 1975 Apr. 10, 1975 Apr. B, 197S Mir. 20, 1975 * Mar. 11, 1975 Mar. A. 1975 PAWtiwmns n-rumis rotrrsun to vim nurauro I-Ibur tm By Tl Suggested HIOSlI Method Type of Operation Filn Extrusion Injection Molding Pipe Extrusion ' Record Pressing Material Used . Coepomd (kngxxnl Resin VCM Content - PM 1.5 2.3 221 * Coepoimd 1)5 Filn Manufacture Extruder Injection Molding Injection Molding Goapouid Compound Resin Ccnpouad Coepound ltt.O 29.3 20.2 66 157 Job Function Extruder Operator Molding Operator Inspector Mixer Operator Extruder Operator - A Foreman Extnxler Operator - B F-xtruder Operator - C Extnxler Operator - 0 Extruder Operator - E Mold Operator - A Mold Operator - D Mold Operator - C Flexible Film Operator Scrap Orinder Extmdcr Operator Vacuus Forming Extruder Operator - A Extruder Operator - B Scrap Grinder - Blender Operator Operator II-Hr TWA ND HD 0.03 0.49 (1.02 HD 0.04 0.02 0.05 0.01 HD ND Nil 0.02 0.19 ND HD ND ND 0.0J ND 0.01 0.01 010212 Feb. 25, 1975 Feb. S, 1975 . Feb. 4, 1975 Feb. 3, 197S Jan. 23, 1975 .Jan. 22 1975 Jan. 1S-17, 1975 Type of Oooration Flla Extrusion Record Molding .5- FABRICATORS nVUWlXS EXTOSIIRD TO VINYL QUHRIIC Material Used Cagxxnd Conpomd VtM Content - >W 27 36 Injection Molding Filat Extrusion Cove Molding Compound Coapoirul Resin B.7 7.9 12.B Flexible Profile Resin IS. 9 Shoe Soles Resin 14.9 Job Function Extruder Operator Hinder Packer Mold Operator - A Mold Operator - B Flexible Disk Operator Scrap Grinder Maiding Operator Extruder Operator - A Extruder Operator - B Conpoumlcr - A Conpoiitdcr - B Compounder - C Extruder Operator Inspector Hopper Loader Extnalcr Operator - A Extruder Operator - B Mixer Operator - A Mixer Operator - B Blend Conveyor Operator Mixer Operator - A Holding Operator - A Molding Operator - B Mixer Operator - B Molding Operator - A Molding Operator - B Grinder Operator B-Hr TWA NO ND NF> ND 0.03 0.08 ND ND ND ND ND ND KD ND 0.04 ND ND 0.09 0.10 ND 0.15 ND ND 0.34 ND 0.29 0.14 ucc 1 1 --* Jta. 15-17, IMS (cant'd) Jan. IS, 21, 197S An. 10-16, 1975 An. 10, 1975 Jan.' 7, 1975 Dec. 17, 1974 FABRICATORS DtPLCWIirS EXIOSURE 70 VINYL ailflRIlJR Tfm of Oicratlon 1 ( : . t* ^ Flexible Gospouid Flexible Profile Extrusion Injection Maiding Injection Molding ClUtian' * * tkterlnl Used * * % -. * ,i ** Resin 4 Resin Gbcpoutd Ovpottvi ONfXMtd KM Content - MM * 4*.J 2.2, 36.4 $ 103 Job Function i. f - Mold Operator - C Mold Operator - 0 belch itan - A Mixer Operator - C Mold Operator - H Neigh Man - 8 Mold Operator - F Mold Operator - G Foreman . Mixer Rafter Extruder Helper Extruder Operator - A Extruder Operator - R Mixer Operator Hopper Operator Extruder Operator - C Extruder Operator - D Riser Operator Molding Operator . Operator Helper Operator - A Operator - R Operator - C Operator - 0 Operator - E _ - * r. * 'p 0 l-Hr TWA - MD HD 0.46 0.01 0.03 KD 0.01 M> 0.01 0.04 0.02 0.02 0.01 o'. 02 MD 0.41 0.05 0.02 0.02 0.04 HD HD' HD HD HD KD KD HD lo fa s executive mall SWEDESFORD ROAD WAYNE, PA. 19087 PHONE: 215-687-6150 from tha dsk of JOHN T. BARR JUL 18 1875 1-H WHEEIEK, JR. ucc 010214