Document YO4Q3ZnJQ4GqY96ya7eDXZjk

12012 RULES AND REGULATIONS Title 29--Labor 50 ppm, in order to assess in a more rang standard. In a telegram to the As CHAPTER XVI!---OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LAGOH PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS 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 22:35-1-361 (1901)) indicate that exposure to VC at concentrations of 50 sistant Secretary of Labor, received on or about March 14, 1974, the-President of tlie United Rubber Workers Interna tional Union urged the establishment of an emergency temporary standard for VC. During the hearing of February 15, Emergency Temporary Standard for ppm failed to induce tumors in rats, 1974, the Industrial Union Department, Exposure to Vinyl Chloride hamsters, rabbits, and dogs. AFL-CiO, and the United Rubber Work 1. Background, Vinyl chloride (chloroelhcne), Chemical Abstracts Service Registry No. 75015, is a synthetic chemi cal made by oxyehlorination 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 le-ed for con tainers, wrapping tissues, electrical in sulation, pipe, conduit and a variety of 'other products. Vinyl chloride lias been made commercially in tills eor.nl iv since 1939 and present production is in excess of seven billion pounds per year. Vinyl chloride (VC) is a gas at am bient temperature and pressure and is a chlorinated hydrocarbon which hies mod erate liver toxicity. The present standard sets a ceiling value of 500 parts per million (ppm) (23 CFR 1910.53). On January 23, 1971, t.he Occupational Safety and Health Administration was informed by the National Institute for Occupational Stifctv and Health (NIOSH) that the B. P. 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 tins notifi cation. and a;t=r cou.-ultat.on with NIOSH and a joint inspection of the plant by OSKA, NIOSH, and the Ken tucky Department of I.abor, a fact-find ing hearing on possible hazaids involved with the manufacture and use of both VC and polyvinyl chloride was an nounced on January 30. 1574 (30 FR 3874), and held on February 15, 1974, Tlie 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 post-hearing comment from NIQSII 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 Maltoni *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 celling of 50 ppm for the following reasons: (a> In light of the evidence referred to above including the Maltoni experi ments demonstrating that, VC is carcino genic ;n animals at 250 ppm, ve conclude that VC must be considered caiemofcenic 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: 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 rule-making proceeding as the most suitable for the orderly develop ment r-f relevant information (TR 112 150 >. The petitions for an emergency tem porary standard specified in detail the contents o: the standard requested. In substance, the request Is to issue a comprchcr.-ive fully-developed standard based on the recommendations of the Standards Advisory Committee on Car cinogens submitted to the Assistant Sec retary of I.abor 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 f.yrtem for the use of a carcinogen. We re-ree that an emergency tempo rary standard Is necessary; we cannot sax- on -he basis of the information developvi so far that a comprehensive stand?.) d. such ns tlie 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, me 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 2. Carcinogenicity of VC, Information (c) The Question whether safe levels value of 50 ppm have already beer produced at the hearing demonstrated cf exposure to carcinogens exist for hu stated. A decision on other possible, ap that exposure of Jabouunry animals mans and, If so, what such levels would propriate provisions is best made after (mostly Spragne-Cawley 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, Profe.i- views that interested persons may sub OSHA standard of 500 ppm induced scr Maltoni did not observe tumors in mit during the proceeding soon to be tumors, including angiosui comas of the his animals at exposure concentrations initialed. liver. Professor Cesarc Maltoni. or the of 50 ppm. In addition, Torkclson. oyen, With respect to arguments in opposi Institute di Oncologia, Bologna, Italy, re and Rowe found that exposure to con tion to issuance of an emergency tem ported on a series of expeiiments on the centrations of 50 ppm of VC failed tp in porary standard, tlie concern and error: effect of exposure of rats, mice, and duce tumors in rats, hamsters, rabbits, of several companies participating at the hamsters to VC at concentrations of 10,- and dogs. Accordingly, there is insuf henriiu; for the protection of their em 000; 6,000: 2,500; 500; 250; and 50 ppm ficient evidence at this time to conclude ployees are recognized. It may also L? for varying periods of time (TR 43-03). that VC at concentrations of 50 ppm or that some, employers in some plants hate Some Of the experiments have been con below poses a grave danger to humans. fully complied with tlie interim control cluded, and others are still ongoing. The <d) The emergency temporary stand recommended by NIOSH on January 3-'. experimental results so far reported are ard adopted represents a substantial re 1974. Time is. however, reason to believe that tumors have been observed In duction in the permissible level of expo that employees are currently being ex groups of animals exposed to VC at con sure and. in our practical judgment, is posed to VC at concentrations well above centrations as low as 250 pprn. No tumors the lowest level that can be complied 50 ppm. This was asserted several times have been observed in the group of ani with immediately; and at the hearing, and not seriously ques- mals exposed to VC at a concent rat ion ^Teiyaguststandard. will .be.in effect for f tioneci. Moreover, a report, dated March of 50 ppm. It also appears so far that aypenoacoLffioi longer than six months,' 1974, of a survey by the staff of the Oth.cc the total number of tumors, as well as during which time the whole question of of Standards Development, OSHA, of the numbers of angiosarcoma.'; of the possible sate 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 gre reduced to 230 ppm. Finally, the light of more information. Including tions for some job classifications as lurh another experiment by Professor Mal- experiments which me under way at this as 229 ppm. Therefore, a regulation is toni Is underway involving the exposure time (TR 47, 49, 71-74). considered necessary to provide, immedi of 300 animals to VC at concentrations of 3. Feiitions for an emergency tempo- ately, adequate protection to workers cx- fEDERAL REGISTER, VOL. 39, NO. 67--FRIDAY, APRIL 5, 1974 GB--SC 00720A RULES AND REGULATIONS 12313 posed to VC. Also, the eight-hour, time- Secretary of Labor's Order No. 12-71 (33 (4) Employee observation of i; or- weighted average standard suggested hr FR 8754), 29 CFR Part 1010 is amended ing. Employees working ill an or several partiemauts at the hearing 'see, by adding' thereto a new 5 I910.33q to operation whose ambient air is Tboni- for instance, Ti'i 178), lies been rejected. read as set forth below. In. addition, pur tored, or their representatives, shah be The March 1974 report of the survey re suant to section 4(b) (5t> of the Act <84 given a reasonable oppoi i unity to observe vealed that several kinds of work or op Stat. 1592; <29 U.S.C. G53>), the stand the personnel monitoring required by erations are of short duration. Loading ard in the new 5 1910-93q is determined this section. or unloading of a tank car may require to be more cfiective than the corre (5) Recordkeeping. The results of all approximately 15 minutes. The cleaning sponding standards now in Subpart B of monitoring shall be recorded in writing. of a reactor may require approximately Part 1919. in Parts 1915. 1915, 1917. 1913, The records shall be retained for at, ie.-.st half an hour. An eight-hour, time- and 1926 of title 29, Code of Federal Reg 5 years and shall be made available for weighted aver igc standard would permit ulation-., and in Pai t 50-204 of Title 41 of inspection and copying by representa exposure to VC at ci ncentrat-ons of -100 the Cole 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, seveial tunes the 50 ppm level, can superseded by the new standard in and the Director of the National Insti not be permitted to occur. 1910.93q. tute for Occupational Safety and Kealtn 4. The sUnidartl. The standard ret out 1. in 29 CFR Part 1910. 5 1910.93 Ls (NIOSH). below cont,nils only the requirements amended by ocieting from Table G-l the (6) Employee access. Each employee deemed necessary io provide prelection line; "* * ' C Vinyl chloride * * * 500 ancl former employee shall have a to before the coucUr-ion of the rulemaking * * * 1300". such records of the results of men.raring proceeding to he commenced shortly. 2. Part 1910 of Title 29 of the Code required by this section as v.-iii innicr.te Tecau-'G exposure io VC is hazardous, of Federal Regulations is amended by his own exposure to airborne concentra and because such exposure can occur m adding thereto a new 5 )910.33q to read tions of, vinyl chloride. the processes c-f OMithcsrzir.g or polym as follows; " (7) ' Einptbffee' notification. Each em erizing of VC or in me handling of VC 5 19I0.93q Vinyl clilondc. polymers or copolymers which contain ployer shall promptly notify any em ployee who has been or is being expos;c absorbed VC. this standard applies to all (a) Scope and application. (1) This to vinyl chloride in concentrations m ex such processes and to the handling, re section applies to any area or operation cess of 50 ppm, and shall inf or nr him of acting. manufacturing, processing, re in which vinyl chloride fchloroethene), the corrective action being taken. leasing. repackaging, or storage of any of Chemical Abstracts Service Registry (d)Compliance. (1) lVhr;ie"-:r rrv ttic.se mateiials. T he monitoring require Numbt-'. 75015, is manufactured, reacted, monitoring sample reveals ,myi tirlorlae ments serve two pvvpows, to trigger into handled, processed, released, lepacfced, at a concentration in excess o: 55 ppm. operation a compliance program and to or stored. or whenever any accident, such as rup c-hcr!: the cmeetp/ev.e.-is of the program. (2) Tins section does not apply to the ture of equipment or spillage, imkeaia' Also, engineering controls are favored for handling, storage, or other use of vinyl the likelihood of a greater than u.-ua; ror.iphrnce, sun ; p.i'A.ors are intended chloride polymers and copolymers in the release of vinyl chloride into the n.-.-.L'wni: to provide pio. -cii'-n until such control, form of f:.Limited piociucts. air, all employees exposed to s a-aii cu can be ir..-,i.'Tea. or m cases whei-e siren <b> Permissible exposure. The occupa centrations shall be withdrawn to c-ja^e controls are net fa'si hie. tional environment shall be controlled so area and shall not be permitc-p. Accordingly, by re?,;,cm of the foiegoing that no employee is exposed to vinyl enter, the work area ,unless Frey __ and on lb? or. ..p. cl ;oe ivcord of the chloride at r. concentration in excess lllous flow or pres-' hearing of Febiuary lb, 1074, v.v.h ex hibits, the wutten su1'missions received of 50 parts per million (ppm) mg/cum i. (127,0 plrators or iraftis.-' before the hearing pursuant to the notice idpMonitoring--(1) Initial monitor j "'(2) ` Work which 'may reasonably be of the heaiing, the poxt-nearing written ing. As soon as possible but not later than. expected to release vinvl chloride in. con submissions hearing, the by the participants March 1974 report of at the1' a fact- "April'22,T974, every employer of an em ployee voiicing in an area or opera! ion in centrations in excess of 50 ppm such a? repair, maintenance'or cleaning of re finding survey recommendations received which vinyl chloride is manufactured, re actors or other equipment containing from NIO-TII, and the other data referred acted. handled, processed, re'eased, re vinyl chloride, shall be accomplished oniv to herein, it is found tl> that VC at con packed or stored shall begin monitoring by employees wearing Type C coir; uruof; centrations in excess of 50 ppm is physi the ambient air of the area to determine flow or pressure demand airsuppi.ed res cally harmful and catcinogenie: (0) that whether it contains vinyl chloride in con pirators or self-contained hreahnna ap exposure to VC at concentrations in ex centrations in excess of 50 ppm. paratus. cess of n roncen'rauon of 50 ppm poses a (2) Frequence. Monitoring of a suffi (3) In any case covered bv para grave dancer to employees; <3> that em cient number of employees so .that a graphs (d)(1) or (d)(2) of tins ssetion. ployees are pr-seiuly expo-'d to VO at representative sample of cxposiires to ill addition to providing the requiieg coneentmtnns in cxee.s of "0 ppm; and vinyl chlondo may lie determined shall respirators, the employer shall e-xa.mr.e (-4 ) that the emergency temporary stand be accomplished not less freoushtly than and analyze the source of the excessive ard set out below is necessary to provide weekly until all results for three consecu i c lr Jp17 4e ;ih'-orde^. immediate prol.~-cl.Mn to employee: from tive weeks ere at or below 50 ppm. There ----- ---------- Igipryop-, such dancer. after, mentoring shall be conducted not PJgSftife? v Pursuant to section etc) of (he Occu pational Safety and Health Act of 1970, a proceeding will commence shortly in accordance with section Gib) 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 stabineut vail lie filed with the President's Council on Environmental Quality, and copies will be provided to oLher appropriate Federal agencies for their comments. Jess frequently than monthly so long as the concent rations of vmvl chloride do not exceed 50 ppm. If a monitoring sam ple reveals vinyl chloride in concentra tions in excess of 50 >,-pm, weekly moni toring shall ba resumed until all results for three consecutive weeks are at or be low 50 ppm. (3) Method of nwnitorint7. Personnel 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 the perSuch" controls shah be Implemented aTs quickly as po-c-:'. ic. (4) Periodic, tests shall be rondarhad for equipment leaks and for emissions of vinyl chloride which may result, irom work practices. 3. In 29 CFR Part 1910, 5 1310.19 is revised to read as follows; 1910.19 Speriul provi-ioiis fi>r air counuiiinann. (a) Asbestos dust. Section 1910.93a shall apply to (he exposure of eveiy em Pursuant to section;; G(c) and Sic) (3) sensitivity. The analytical procedure ployee to asbestos duct in every employ* of1 tlio \Yd!i?oy,-FMci''er Occupy;lona.1 shall he sensitive to 5 ppm of vinyl chlo meat and place of employment cover^H Safety and Health Act of 1970 (84 Stat. ride in air with an accuracy of -20 per by 5 1910.12, 5 1910.13, 5 1910,1^1 1596, 1599; (29 U.S.C. 055, 057)), and cent for a ten minute air sample. 5 1910.15. or 1910 1C, in lieu of any dil- No. 07 -I't. I- ITDEKAL REGISTER, VOL, 39, NO. 67--FfUDAr, APRIL S, 19/4 GENC 007205 123-14 RULES AND REGULATIONS fercnt standard on exposure to asbestos Federal mandatory crude allocation pro- dust which would otherwise be appli gram hi its present form. The Federal cable by virtue of any of those sections. Energy Office has now proposed changes (b) Vinyl chloride. Section 1910.93q to that program. For these reasons it shall apply to the exposure of every em has been decided to retain the lustorieal ployee to vinyl chloride ill every employ basis for making allocations of Canadian ment and place of employment covered imports into Districts I-IV. The major by 5 1910.12, 1910.13, 5 1910.14, change is a provision that requires that a I 1910.15, or 1910.10, in lieu of any dif person having an allocation of Canadian ferent standard on exposure to vinyl imports must process the entire volume chloride which would otherwise be ap of Canadian imports in ills own facility. plicable by virtue of any of those sec The changes to section 33 are strictly tions. technical in nature with the exception of Effective dale. These amendments shall become effective on April 5, 1974. tlie licensing periods referred to above. This amendment also amends section 3 to provide that entries for consumption (Sees. 4, 0, turn 8, 81 Stat. 1592, 1590, 1690 (20 of Canadian imports by pipeline under a TJ.S.C. GO-?. GB5, G57); Secretary of I-abor's license issued pursuant to these regula Order No. 12-71, 30 Fit 8751.) tions may be made until midnight of Signed at Washington, DC., tills 2d day of April 1974. John SrnNaar, Assistant Secretary of Labor. May 15, following the end of the allo cation period in which the license au thorizing such imports from Canada was issued. This iifteen day overlap is neces sary to prevent disruption of pipeline [FRDoc.74-7890 Filed 4-4-74;8'45 am] operations at the end of each allocation period. Title 32A--National Defense, Appendix Tills amendment 65 becomes effective on April 5,1974. CHARTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR [Oil Import Reg. 1 (Rev. 6), Arndt. 05] William A. Vocely, Acting Deputy Assistant Secretary of the Interior. entries foi consumption of Canadian im ports by pipeline may be made until m:dnignt of May 15 following expiration of the allocation period in which a license authorizing such imports front Canada was issued. Section 29 is amended in its entirety to read as follows: See. 29. Canadian Imports--Districts I- (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 ana which have been transported into the United States by overland means or over waterways other than ocean waterwajs, (b) To be eligible for an allocation o: Imports under this section, a person must have in Districts I-IV a facility capable of processing Canadian imports. (c) The Director shall, in accordance with the terms of paragraph (did) of this section, make allocations for the al location period May 1, 1974 through April 30, 1975 of not to exceed 762,CM! average barrels daily of Canadian im ports into Districts I-IV. OIL IMPORT FTG. I--OIL IMPORT REGULATIONS Canadian Imports There appeared in the ! f.deral Reg ister on February 11, 1574 (."9 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 di.sctusions 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 bo modified significantly. Ac cordingly, interested parties should note that, although sections 29 and 33 are written to provide allocations for tire entire allocation period May 1, 5574 through April 30, 1575, 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 tile Canadian expoi-t 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 in the preamble to Amend ment G4 the three tier system proposed for making allocations under section 29 did not receive complete acceptance. Also, the proposed change to section 29 was predicated on a continuation of the Approved William E. Simon, Deputy Secretary of the Treasury, A new paragraph (f) is added to sec tion 3 to read as follows: .Sec. 3, Allocation periods. ***** (f) Notwithstanding the provisions of paragraphs (a) and (c) of this section (cl) (1) The Director shall make al locations not subject to license ice's o: Canadian imports to eligible anoheams who received allocations of such irricu; for the period January 1, 1973 tr.roueh December 31, 1973, pursuant to r.on 23 or from the Oil Import Appeals Eoard under section 21. or from both. Each v.-,n applicant shall be entitled to an alloca tion of Canadian imports calculated in accordance with the following formula: Sum of each eligible applicant's allocation of Canadian imports in 157? pursuant to sec tion 2? and section 21-expressed In barrels per day Sum of all allocations of Canadian imports in 1973 pursuant to feet ion 23 and section 21-expressed In barrels per day X 7G2,000 barrels/day (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 tl) of this paragraph. Such licenses shall ex pire on October 31, 1974 unless extended by the Director, The Director shall issue before November 1, I9i4 a second license to each eligible applicant equal to the remainder of the allocation calculated pursuant to subparagrapn (1) 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 imiiorts 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) (il Canadian imports may be ex changed on a barrel for barrel basis for other Canadian imiiorts but each person receiving crude oil or unfinished oils in the exchange must process the crude oil or unfinished oil received In his own facilities. Settlements, credits, moneerrv, or accounting adjustments refiectir.:: the relative values of the oils involved m the exchange are permissiole . (ii) Canadian imports which are fold to meet the requirements of reeuiut-.ens published by the Federal Energy O'.:.-; shall not be subject to the provisions of paragraph (e) of this seel ion. (f) If a person who receives an allocation of Canadian imports under Lius sec tion fails to import the total quantity of imports specified in the allocation. c.r if he fails to process all such imports tor 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 te) of tills 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 Jm- ,FEDERAL REGISTER, VOL. 39, WO. 67--FRIDAY, APRIL 5 1974 GENC 007206