Document Z5gZGaa3yvBnQzpZXkQKDDOO

FILE CO SPY r< r' ip*VZ ^-0 5 DO t (KULES ANO REGULATIONS v/c Title 29--Labor CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. DE PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AMO HEALTH STANDARDS Emergency Temporary Standard for Exposure to Vinyl Chloride 1. Background. Vinyl chloride (chloroe'Jiene*. Chemical Abrtracts Service Registry He- TSOli. U a synthetic chemi cal made by oxyehlorinatioo of ethylene or by hydroehlonnatlon of acetylene. It is the parent compound of a aeries of thermoplastic resin polymen and co polymers which are widely used for con tainers, wrapping tissues, electrical in sulation. pipe, conduit and a variety of other products. Vinyl chloride has been made commercially in this country 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 has mod erate liver toxicity. The 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 (NIOSH) 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 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 at both VC end polyvinyl chloride was an nounced on January 30, 1974 (39 FR 3814), and held on February IS. 1974. 2. Carcinogenicity of VC. Information produced at the hearing 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 dl Oncologia. Bologna, Italy, re ported on a series of experiments on the effect of exposure of rats. mice, end 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 in 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 c! 50 ppm. It also appears so far that the total number of tumors, as well as the numbers of angiosarcomas of the Ir.er, decrease as the concentrations of VC are reduced to 250 ppm. Finally, another experiment by Professor Mal- toru is underway involving the exposure of 300 Ani-nmit to VC at concentrations of jw jAjAui. u* w ui defiruviie way a nctber that let el of ex posure produces tumors in animals. Data reported by Tortelaon, Oyen and Rowe American Industrial Hygiene Associa tion J 22:354-361 <19611) indicate that exposure to VC at concentrations of 50 ppm failed to induce tumors in rats, hamsters, rabbits, and dogs. 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. iTR 93). Some em ployees of Union Carbide Company and Goodyear Company are 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 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 ot 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 turnon 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 "(rni 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, them 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 experiments which are under way at this time (TR 47,49,71-74). 3. Petitions for an emergency tempo rary .fcedujJ. M 4 UJF!irxm-io the Astistanr Secretary of Labor, received on or about March 14, 1974, the President of the United Rubber Workers Interna tional Union urged the establishment of an emergency temporary standard for VC. During the hraring of February it, 1974, the Industrial Union Department. APL-CIO. and the United Rubber Wesk ers International Union made a joins 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 for the orderly develop ment of relevant Information (TR 113. 160). The petitions for an emergency tem porary standard specified in detail the contents of the standard requested. In substance, the request is to issue s 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 far ranging. 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 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. 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. CGHA. of several facilities manufacturing VC and polyvinyl chloride revealed' concentra tions for some job classifications as high as 229 ppm. Therefore, a regulation Is considered necessary to protide, immedi ately, adequate protection to workers ex- fgpnai KfGISTEt, VOL 3V. NO. 67--ftlOAT, ASCII S, 1974 ucc 059685  ss fUlfS AffO REGULATIONS 13U3 pr**tf to vc aLvj. 'he n*hi-hour. nme* Secretary of Labor's Order No :;-t; <36 wiguied arerare starve,ard suggested tor PR R7541. 99 Cfi! Part 1910 is imrr.dcd several partic: pants at the hetr;iv isee, by adding thereto a new t .91i'95q to t-yr inna.-e<. TR 17*>, h been reacted. read as set forth below In addition, pur Tbe Mai-h 1974 report of the survey re suant U> section 4*b*<2' of the Act <84 vealed :it*t several kinds of work or op* Stat. 1591; <29 CSC. 653*'. the stand erwuorw ire at short duration. Loading ard m the new I i9lOA3q is determined or unloveme of a tank car mar require to be more eftretire than the corre Approximately 15 minutes. The cleaning sponding standards now ir. Subpart B of of a reactor may require approximately Part 1910. in Parts 1915.1916.1917,1918. talf an hour. An eight-hour, time- and 1926 of title 29. Code of Federal Reg weighted average standard would permit ulations. and in Part 50-204 of Title 41 of exposure to VC at concentrations of 400 the Code of Federal Regulations. There pptn for ooe hour. Such upward excur fore. these corresponding standards are sions. an tral tunes the 50 ppm level, can superseded by the new standard in not be permitted to occur. I 1910 93q. 4- The standard. The standard set out 1. In 29 CFR Part 1910. i 1910.93 Is below oootuns only the requirements amended by deleting from Table O-l the deemed necessary to provide protection line: "* * C Vinyl chloride 500 before the conclusion of the rulemaking * 1300". proceeding to be eommmced shortly. 2. Part 1910 of Title 29 of the Code Because exposure to VC is hazardous, of Federal Regulations Is amended by and because such exposure can occur in adding thereto a new ! 191D.93Q to read the processes of synthesizing or polym as follows: erizing of VC or m the handling of VC polymers or copolymers which contain 9 1910.93q Vinyl rl.loridr. absorbed VC. this standard applies to all 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 to provide protection until such controls can he installed or in cases where such controls are not feasible. Accordingly, by reason of the (pregoing and on the basis of the record of the hr*n( of February 15. 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 fa) Scope and application. <1) This section applies to any area or operation in which vinyl chloride (chloroethene>. Chemical Abstracts Service Registry Number 7501S, is menufsetured. reacted, handled, processed, released, repacked, or stored. (2) This section does nog apply to the handling, storage, or other use of vinyl chloride polymers and copolymers in the form of fabricated products. _ <b> Permissible exposure. The occupa tional environment shall be controlled so that no employee is exposed to vinyl chloride at a concentration In excess of 50 parts per ")" (ppm) (127.0 mg/cum). (c) Monitoring--(1) Initial monitor ing. As soon as pom)hie but not later then April 22. 1974, every employer of an em hearing, the March 1974 report of a fact- ployee working In an area or operation in finding survey recommendations received which vinyl chloride is manufactured, re from NIOSH. end the other data referred to herein, it is found (1 > that VC at con acted. handled, processed, released, re packed. or stored shall begin monitoring centrations m excess of SO ppm is physi the ambient air of the area to determine cally harmful and carcinogenic; (2) that exposure to VC at concentrations in ex whether it contains vinyl chloride In eonoentratlmis lo excess of 50 ppm. cess of a concentration of 50 ppm poses a (2) Freqaeacy. Monitoring of a suffi grave danger to employees; (3) that em ployees are presently expoeed to VC at concentrations in excess of 50 ppm; and <4t that the emergency temporary stand ard set out below is necessary to provide cient number eg employees so that a representative sample of exposures to vinyl rhlorida nay be determined titan be accomplished net lees frequently " weekly until aU results for three oonecu- immediate protection to employees from ttve week* are at or below 50 ppm. There such danger. Pursuant to section 6<e) of the Occu pational Safety and Health Act of 1970, a proceeding will commence shortly In accordance with section 6(b) of the Act, is 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 Environmental Quality, and copies will be provided to other appropriate Federal agencies for their com.~er.ts. Pursuant to sections 6(c) and 8(c) (3> after. monitoring shall be conducted not leas frequently than monthly so long as the concentrations of vinyl chloride do not exceed SO ppm. If a monitoring sam ple reveals vinyl chloride in concentra tion* in excess of 50 ppm, weekly moni toring shall be resumed until an results for three consecutive weeks are at or be low 50 ppm. <3> Method of monitoring. 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 sensitivity. The analytical pzsoaiiirs if the v/iUiaros-Steiger Occupational shall be sensitive to S ppm of vinyl oiV'- Safety and Health Act of 1970 (64 Stat. ride in air with an accuracy of 20 per Use, 1599: (29 UJ5C. 655. 657>>, and cent lor a ten minute air sample. 14> Employee obaerraiion ot monitor ing. Employees working tt an area or operation whose ambient air Is moni tored. or their representatives. shall be gtven a reasonable opportunity to observe the personnel monitoring required by this section. tS Recordkeeping. The results of all monitoring shall be recorded in writing. The records shall be retained for at least 5 yean and shall be made available for Inspection and copying by representa tives of the Assistant Secretary of Labor for Occupational Safety and Health and the Director of the National Insti tute for Occupational Safety and Health (NIOSH). <6* Employee access. Each emptoyee and farmer employee shall have access to such records of the results ot monitoring required by this section as win 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 in 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 prlswie of vinyl chloride into the ambient air, all employees exposed to such con centrations shall be withdrawn to a role area and titan not be permitted to remiter the work area unless they wear either Type C continuous flow or pres sure demand air supplied respirators or self-contained breathing apparatus. (3) 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 ro setoes or other equipment vinyl chloride, shall be accomplished only by employees wearing Type C continuous flow or pressure-demand air supplied respirabors or seif-contained breathing ap paratus. (3) In any case covered by para graphs (d> (1) or <d> (2) of this section, in addition to providing the required respirators, the employer shad examine and analyse the source of the excesve concentrations of vinyl chloride in order to determine feasible engineering or op erational controls appropriate to reduce the airborne concentrations to the permttreble levbL Such controls shall be implemented as quickly as possible. (4) Periodic testa shall be conducted for equipment leaks and for d of vinyl chloride which may result from work practices. 3. In 29 CFR Part 1910, f 1910.19 Is revised to read as follows: S 1910.19 Special pravuiou for air con- taminants. (a) Asbestos dust. Section 1910.93a shall apply to the exposure ot every em ployee to asheitot dust in every employ ment and place of employment covered by } 1910.12. f 1910.13, i 1910.14, 11910.15, or f 1910.16, In lieu of any dif- So. 67--PI. I FEDERAL REGISTER, VOL 3*. NO. 47--FRIDAT, APRIL 5, 1974 ucc 0 12344 KULES AND tEGULATtONS iere~i rundard on exposure to asbestos dust wa*h would otherwise be appli cable try nrbue of any of those sections. <b' Vm-gl chloride. Section I9l0.93q xha3 sppiy to the exposure of every em ployee to txjI chtende la every employ ment end pisee of employment covered by f 1910.12, | 1910.13, 11910.14. i 1910.13. or 11910.10. in lieu of any dif ferent standard on exposure to vinyl ehlorlde which would otherwise be ap plicable by virtue of any of those sec tions. freefire date. These amendments shall become effective on April 5, 1974. (8*cs 4. S. urt S. at Stat. 1693.1596. 1699 (39 use. 963. ett. 657); S*a*tary ot Labor'* Order Ns 13-71. SS nt *764.) Signed at Washington. DC, this 3d day of April 1974. Jon* Srarer*. Assistant Secretary ot lobar, |TO Doc.74-7890 Filed 4-4-74:8:43 sm] Title 32A--National Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR (OU Import Reg. I (ltev. 5). Arndt. <S| OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared In the Fcpixal Rxotsixa on February 11. 1974 <39 FR 51931 a proposal to amend several sections of Oil Import Regulation 1 (Revision 5), as amended. Amendment, 94 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 waa 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 xiong the lines of their present controls for st 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 axe written to provide allocations for the entire allegation period May. 1. 1974 through April 30. 1975, licenses will only be Issued ^ta.ny for one half of the May 1. 1974 through April 30, 1975 al location period and the licenses will only be valid foe a six month period unless extended by the Director. This procedure win 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 Off Import Regulation to conform to such changes. As stated in the preamble to Amend ment 54 the three tier system proposed for Kiihr allocations under section 29 did not receive complete acceptance. Also, the proposed change to section 29 was predicated oo 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 thee reasons it has been occided to retain the historical basis for making allocations of Canadian imports into Districts I-XV. 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 imports by pipeline under a license issued pursuant to these regula tions may be made until midnight of May 13, following the ad of the allo cation period in which the license au thorising such imports from Cscads 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. WiuLut A. Vocrtr. Acting Deputy Assistant Secretary of the Interior. Approved William e. Bzmom, Deputy Secretory of the Treasury, A new paragraph (f) Is added to sec tion 3 to read as follows: Sec. 3* Allocation periods. * ft ft ft ft ill Notwithstanding the provisions of paragraphs (a) and <c) of this section Sum or tacb *UglbX* applicant's allocation of Canadian imports in 1973 pursuant to Mo tion 33 and mcuou 31-xpn**td in barrels pip Hay --- -------Sum of an allomtions of Canadian Imports in 1873 pursuant to ascuon 33 and section 31-sxpruaod In bansis pv 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 (11 of this paragraph. Such licenses shall ex pire on October 31. 1974 unless extended by-the Director. The Director shall issue before November l, 1974 e second license to each eligible applicant equal to the remainder of the allocation calculated pursuant to subparagraph (1) of this paragraph. Such licenses shall expire on April 30,1975. <e) <11 Except as provided for in subparagraph (2) of this paragraph a per son who Imports Canadian imports 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 imports but each person receiving crude oil or unfinished oils in the exchange must process the crude oil entries for consumption of Canadian im port* by pipeline may be maoe unnl 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 aa follows: Sec. 29. Canadian Import* IHairlrti fIV. <a) As used tn this section, the term "Canadian imports" means imports from Cansda of crude oil which has been pro duced in Canada and unflnlihot which have been derived from crude oil or natural gas produced in odi which have been transported into the United States by overland means or over waterways other than ocean waterways. <b) To be eligible for an allocation of 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 (d)(1) of this section, make allocations for the al location period May 1, 1974 through April 30, 1975 of not to exceed 762.000 average barrels daily of Canadian im ports into Districts I-IV. <d> (1) The Director shaH make al locations not subject to license fees of Canadian Imports to eligible applicants who received allocations of such imports for the period January 1, 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 763.000 bsiTSla/day or unfinished off received in his own facilities. Settlements, credits, monetary, or accounting adjustments reflecting the relative values of the offs involved In the exchange ate permissible. til) Canadian Imports which are sold to meet the requirements of regulations published by the Federal Energy Office shall not be subject to the provisions of paragraph (e) of this section. (f) If a person who receives an alloca tion of Canadian imports under this sec tion fails to import the total quantity of imports specified in the allocation, or if he fails to process all such Imports (or Canadian imports received in exchange for such imports) in bis facilities be fore July I. 1975, or if he falls 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 attar April 30,1975 shall be reduced by the De rector by the amount of Canadian lm- FCOEKAl MGISTOL VOL 3V, NO. 67--MI0AY, AMUl 5, 1V74 ucc 059687