Document Z8bx3Nz9G1XXae3OVjrvxL9m7

3 / cr"? FILE COPY - 4" ' fijCu *MJ BA*,IOMS DO > v= /w . THle 29--Labor ^0 ppm. tn order to assess in a more rary standard, m a ttlUTUorio the As CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION. DE PARTMENT OP LABOR PART 1910--OCCUPATIONAL SAFETY ANO HEALTH STANDARDS OehniLite way wr.cther that Imel of ex posure produce* tumors in animals Data reported by Torkelson. Oyen and Rowe American Industrial Hygiene Associa tion J 22:354-351 (19C1>> indicate that exposure to VC as concentration of 50 sistant Sei-rctary of Labor, received on or about March 14. 1974, (he President of the United Rubber Worker*. Interna tional Union urged the establishment of an emergency temporary standard fer VC. During the hearing of February 15, EiaMMiqrTMipMn Standard for ppm failed to induce tumors in rata, 1974. the Industrial Union Dmitamv upoui* to Vinyl Chloride hamsters, rabbit*, and dogs. AFL-CIO. and the United Rubber Won- 1. Background. Vinyl chloride (ehloro- The employees of the B P. Goodrich era International Union made a joint e'Jiene*. Chemical Ahitract* Service Chemical Company who died from an petition for an emergency temporary Registry So. 75015. Is a synthetic chemi giosarcoma of the liver had an average standard for VC (TR 141-148). which cal made by oxychlorlnation of ethylene exposure of approximately 19 years to was also joined by the Oil. Chemical and or by bydrochlorinetion of acetylene. It vinyl chloride, at unknown concentra Atomic Workers International Union is the parent compound of a series of tions. and variable exposures to other (TR 37). At the same hearing, several thermoplastic resin polymers and co polymers which are widely used for con tainers. wrapping tissues, electrical in volatile chemicals. (TR 93 >. Some em ployees of Union Carbide Company and Goodyear Company are also reported in participants urged, on the other hand, a regular rulemaking proceeding as the most suitable for the orderly develop sulation. pipe, conduit end a variety of a post-hearing comment from NIOSH ment of relevant information (TR 113, other products. Vinyl chloride has been dated March 11. 1974. to have had ex 18ft). made commercially in this country since 1939 end present production Is In excess posure to vinyl chloride and to have died from angiosarcoma of the liver. Finally, The petitions for an emergency tem porary standard specified in detail the of serea billion pounds per year. autopsies of four deceased employees re contents of the standard requested. In Vinyl chloride (VC) is a gas at am vealed that liver angiosarcoma tumors substance, the request is to issue a com bient temperature and pressure and Is a chlorinated hydrocarbon which has mod were histologically indistinguishable from the angiosarcoma tumors observed prehensive fully-developed standard based on the recommendations of the erate lirer toxicity. The present standard in Professor Maltonl's experimental ani Standards Advisory Committee on Car sets a ceiling value of S00 parts per million <ppm) <29 CFR 1910.93). On January 32.1974. the Occupational Safety and Health Administration was informed by the National Institute for Occupa-Jonsl Safety 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 this notillcation. and after consultation with NIOSH and a joint inspection of the plant by OSHA. KIOSH. and the Ken tucky Department of Labor, a fact-find ing bearing on possible hazards involved with the manufacture and use of both VC and polyvinyl chloride was an nounced on January 30, 1974 (39 PR 3874). and held on February 15,1974. 2. Carcinogenicity of VC. Information produced at the hearing demonstrated that exposure of laboratory animals (mostly Sprague-Daa'ley rats) to VC by inhalation at and below the current OSHA standard of 500 ppm induced tumors, including angiosarcomas of the liver. Professor Cesare Maltoni, of the liutituto di Oncologia, Bologna, Italy, re ported on a series of experiments on the effect of exposure of rats, mice,'and mals. It is concluded therefore, that cinogens submitted to the Assistant Sec vinyl chloride is carcinogenic for hu retary of Labor on or about August 27, mans. 1973. The recommendations are far- We therefore conclude thst the present rangtng, and cover special categories of standard for VC should be lowered from operations, signs and labels, medical sur a ceiling of 500 ppm to a ceiling of 50 veillance. reporting, etc., including a per ppm for the following reasons: mit system for the use of a carcinogen. (a) In light at the evidence referred We agree that an emergency tempo to above including the Maltoni experi rary standard Is necessary; we cannot aay ments demonstrating that VC is carcino on the basis of the information developed genic In animals at 250 ppm, we conclude so far that a comprehensive standard, that VC must be considered carcino such as the one requested, la either neces genic in man at the same level: sary or even desirable. It has been de (b) Although Professor Maltoni did cided to promulgate a standard contain not induce tumors in his experimental ing only those essentia] provisions which animals at an exposure concentration of are deemed necessary to provide protec 50 ppm, these data do not support the tion to employees from grave danger concept that occupational exposure of until a regular rulemaking proceeding in employees to concentrations of SO ppm accordance with sections 8 (b> and (c) throughout their working lifetime would of the Act v-n be concluded. The rea be without detrimental health effects; sons for a decision to establish a ceiling <c> The question whether safe levels value of ;0 ppm have already been of exposure to carcinogens exist for hu stated. A decision on other possible, ap mans and. If so. what such levels would propriate-provisions is best made after be. Is the subject of continuing scientific consideration of all relevant data and deliberation. In the case of VC, Proles- * views that Interested persons may sub tor Maltoni did not observe tumors in mit during the proceeding soon to be his animals at exposure concentrations Initiated. of 50 ppm. In addition. Torkelson. Oyen, With respect to arguments In opposi and Rowe found that exposure to con tion to issuance of an emergency tem centrations of 50 ppm of VC failed to in porary standard, the concern and efforts duce tumors in rats, hamsters, rabbits, of several companies participating at the hamsters to VC at concentrations of 10.000: 8,000: 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 and dogs. Accordingly, there 1s Insuf ficient evidence at this tune 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 hearing for the protection of their em ployee* are recognised. 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 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 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 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, 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 the total number of tumors, as well as the numbers of angiosarcomas of the during which time the whole question of possible safe exposure of humans to VC of Standards Development. 06HA. of several facilities manufacturing VC and h'.er, 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 which are under way at this as 229 ppm. Theroloro. 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. Petitions lor an emergency tempo ately, adequate protection to workers ex- FCDAl LEGISTS*. V L 3V. NO. 67--WCAV, AMIL 5, 1474 ucc 060213 > nUES AMO REGULATIONS 12343 v> vc Aiso. `he ghi-bour. tune* Secretary of Labor's Order So 12-71 >36 14) Employee observation 0/ monitor- v-rifiur'l awr*-7 standard suggested by FR XTS41.29 CFR part 1910 is amended ing. Employeta working m an area or wverai 7>*.ruc.?ar.ts at the hear.nc tree. by adding thereto a rex i:Sri*93q to operation whose ambient air is moni fyr i--TR 178>. has been reacted. read ax set forth below la adii* :on, pur tored. or their representatives, shah be The Miu-h i/74 report of the survey re suant to section 4'b>cri of the Act <84 given a reasonable opportunity to obaerre vealed several kinds of work or op- Stat. 1592: (29 TJJS.C. 633*'. the stand the personnel monitoring requhed by ereuont are o! short duration. Loading ard in the new | i9)OA3q is determined this section. or unloading of s tank car may require to be more effective 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 rev-lor mar require approximately Pan 1910. in Parts 1915 1916.1917.1918. The records shall be retained for at least half an hour. An eight-hour, time- and 1926 of title 29. Code of Federal Reg 5 yean and shall be made available for weighted average standard would permit ulations, and in Part 50-204 of Title 41 of Inspection and copying by representa exposure to VC at concentrations of 400 the Code of Federal Regulations. There tives of the Assistant Secretary of Labor ppm for one hour. Ouch upward excur fore, these corresponding standards are for Occupational Safety and Health sions, several tunes the 50 ppm level, can superseded by the new standard in and the Director of the National Insti not be permitted to occur. 1 1910 93q. tute for Occupational Safety and Health 4. The rUndari. The standard set out 1. In 29 CFR Part 1910. 11910.93 U (KIOSH). below contains only the requirements amended by deleting from Table O-l the (61 Employee access. Each employee deemed necessary to provide protection line: * C Vinyl chloride * 500 and former employee shall have access to before the conclusion of the rulemaking * 1300". each records of the results of monitoring proceeding lo be commeeioed shortly. 2. Part 1910 of Title 29 of the Code required by this section as will Indicate Because exposure to VC is hazardous, at Federal Regulations Is amended by his own exposure to airborne concentra and because such exposure can occur In adding thereto a new f 19l053q to read tions of vinyl chloride. the processes of synthesizing or polym as follows: (7) Employee notification. Each em erizing of VC or in the handling of VC polymers or copolymers which contain 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 be installed or in cases where such controls are not feasible. Accordingly, by reason of the foregoing and on the basis of the record of the hearing 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 hearing, the March 1974 report at a fact finding survey recommendations received from JflOSH. and the other data referred to herein, it is found ( 1 > that VC at con centration* in excess of 50 ppm is physi cally harmful and carcinogenic: (2) that exposure to VC at concentrations in ex cess of a concentration of 50 ppm poses a crave danger to employees; (3) that em ployees are presently exposed to VC at concentrations in excess of 50 ppm; and *4i that the emergency temporary stand ard vet out below is necessary to provide S I910.93q Vinyl rliloridr. (a) Scape arid application, til This section applies to any area or operation in which vinyl chloride <chloroethene>. Chemical Abstracts Sendee Registry Number 75015. is manufactured, reacted, handled, processed, released, repacked, or stored. (2) This section does not apply to the/ handling, storage, or ocher use at vinyl! chloride polymers and copolymers In the! form of fabricated products. <b Permissible trporare. The occupa tional environment hii be controlled so that no employee is exposed to vinyl chloride at a concentration In excess of SO parts per mimnn (ppm) (127.0 mg/cum*. (C) Monitoring--(li Initial monitor ing. As soon as possible but not later thn April 22.1974. every employer of an em ployee working In an area or operation in which vinyl chloride is manufactured, re acted. handled, processed, released, re packed, or stored shall begin monitoring the ambient air of the area to determine whether it contains vinyl chloride in con centrations in mw of 50 ppm. (2) frequency. Monitoring of a suffi cient number <* employees ao that a representative sample of exposures to vinyl chloride may be determined hw be accomplished not leas frequently tmui weekly until all results for three oonaecu- ployer shall promptly notify any em ployee who has been or is being exposed to vinyl chloride in concentrations in ac 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 release of vinyl chloride into the ambient air, all employees exposed to such cancentraHons shall be withdrawn to a safe area and shall not be permitted to re enter the work area unless they wear either Type C continuous Sow or pres sure demand air supplied respirators or seif-contained breathing apparatus. (2) Work which may reasonably be expected to release vinyl chloride in 000centrations In excess of SO ppm. uch as repair, maintenance or cleaning ' re actors or other equipment caotnimag vinyl chloride, shall be accomplished only by employees wearing Type C continuous flow or pressure demand air supplied ro- piratore or self-contained breathing ap paratus. (3) In any case covered by para graphs (d> iV or <d> (2) of this section, in addition to providing the required respirators, the employer shall viamine and analyse the source of the excesave concentration of vinyl chloride in order immediate protection to employees from such danger. Pursuant to section 6'c> of the Occu pational Safety and Health Act of 1970, a proceeding wui commence shortly In accordance with section 6(b) of the Act. hi which the emergency temporary standard will serve as a proposed role, together with other subsidiary rules. As stem as possible a draft environmental impact statement will be filed with the President's Council on Environmental Quality. and copies will be provided to o'.rter appropriate Federal agencies for their comments. rnrsua.'.t to sections 6(c) and 8(c) (3) tf the V/illiaras-Steiger Occupational Safety and Health Act of 1970 (84 Stat. tive weeks are at or below 50 ppoA There after, monitoring shall be conducted not lees frequently than monthly so long as the concentrations at vinyl chloride do not exceed 54 ppm. If a monitoring sam ple reveals vinyl chloride in concentra tions in excess of 54 ppm. weekly moni toring shall be resumed until all results for three consecutive weeks are at or be low 50 ppm. (3) Method 0/ monitoring. Personnel monitoring shall be accomplished by col lecting samples by suitable devices worn by the employee. The samples be analysed by gas chromatography or by any other method which is of equivalent sensitivity. The analytical procedure shall be sensitive to 5 ppm of vinyl chlo ride In air with an accuracy of 20 per to determine feasible engineering or op erational controls appropriate to reduce the airborne concentrations to the permissable level. Such controls shall he implemented as quickly ss possible. (4) Periodic tests shall be conducted for equipment leaks and for wwlwfons of vinyl chloride which may result from work practices. 3. In 29 CFR Part 1910. 11910.19 is revised to read as follows: S 1910.19 Special provisions for air am Isminsnts. (a) Asbestos dust. Section 1910.93a shall apply to the exposure of every em ployee to dust In every employ ment and place of employment covered by } 1910.12. 11910.13, I 1910.14, 1-96, 15M: (29 TJ.S C. 655, 657)), and cent for a ten minute air sample. f 1910.15, or 11910.16. in lieu of any dif- So 67--PL I FEDftAl (E ISTEt, VOl. 39, N . 67--F*iOA7, AMU S, 1974 ucc 060214 iy*-4i rules and kegulations lerer.i rtndi:d on exporure to ubtv^i Fedenri r.-.ancaiory crude allocation pro entries for consumption of Canadian in dost va*h wwJd ether-wue be appi*. gram in its present form. The Federal porta by p.pellne may be made unci mx cat> 67 tl--ue of any of those sections. Enerpv Office has now proposed changes night at May 15 following expL-acou < 15' Vr-iyi chloride. Section 19l0.93q *ha3 apply to the exposure of even* em ploy <c to vinyl cblonde la every employ* meat end place of employment covered by f 1920.12. | 1920.13. 11910.14. 11920.15. or < 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 those sec tions. r'echre dale. These amendments shall become effective on April 5. 1974. (8m 4.4. asw 9. 94 Blot. ISM. 19M. ISM (39 use. 453. ess. S7); Swrtsry or labor's Ortsr Ko. 19-71, M Fit 8784.) Signed at Washington. DC, this 2d day of April 1974. Jome stshskr. Assistant Secretary of Labor. [TO Doc74-7eS0 Ned 4-4-74:9:45 un] Title 22A--Nstionsl Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS. DEPARTMENT OF THE INTERIOR (OU Import Ref. I (Her. 5). Amdt. 45] to that program. For these reasons it has been ocoded to mam the historical basis for making allocations of Canadian imports into Districts 1-IV. The major change is a provuimi that requires that a person having an allocation of Canadian imports must process the entire volume of Cansdimn 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 15, following the end of the allo cation period in which the Ucense 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 85 becomes effective on April 5.1974. WlLLUlC A. Vogelt, Acting Deputy Assistant Secretary of the Interior. the allocation period in which a Horn, authoring such imports from Canac was issued. Section 29 la amended In Its cnttiet to read as follows: See. 2IV9.. Canadian Imkp-or--ts--DnerkSa I 'a) As used In this section, the ten "Canadian Import*" means imports froi Canada of crude oil which has been pre duced in Canada and unfinished ol which have been derived from crude o or natural gaa produced In Canada an which have been transported Into tfc United States by overland means or cm 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 imports. (c> The Director shall, in accordanc with the terms of paragraph <dxi> t this section, make allocations for the aJ location period May 1, 1974 throng April 30. 1975 of not to exceed 767,00 average barrels daily of Canadian im port* into Districts I-rV, OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Csnedian Imports There appeared in the Forsal Rkistsx on February 11. 1974 (39 FR 51931 a proposal to amend several sections of Oil Import Regulation 1 (Revision S>, 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 Approved William E. Bcmon. Deputy Secretary of the Treasury. A new paragraph (f> is added to sec tion 3 to read as follows: Sec. 3. Allocation periods. ** g (f) Notwithstanding the provisions of paragraphs (a) and <c) of this section (d)(1) The Director shaD make al locations not subject to Ucense fees o Canadian Imports to eligible applicant who received allocations of such import for the period January 1. 1973 throng: December 31, 1973, pursuant to settlor 23 or from the OU Import Appeals Boa- under section 21. or from both. Each sue! applicant shall be entitled to an alloca tion of Canadian imports calculated h accordance with the foUowing formula 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 plan* to continue to control ex Sum of each eligible applicant's allocation of Canadian imports in 1973 pursuant to tac tion 33 and taction li^qntntC in bancla par day -- -- Stun of ah allomaona of Canadian imports in 1S73 pursuant to taction 33 and aeetion 31-exprtsaed in bartvls par day x 743,000 baiTcla/day 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 S3 are written to provide allocations for the entire allegation period May.l. 1974 through April 30. 1975. licensee will only be issued initially for one half of the May 2. 1974 through April 30. 1975 al location period and the licenses will only be valid for a nx month period unices extended by the Director. This procedure win provide for seeded 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 in the preamble to Amend ment 54 the three tier system proposed lor tr.i'Atr.g allocations under section 29 d:d r.ot receive complete acceptance. Also, the proposed change to section 29 was predicated oq a continuation of the (2) The Director shall Issue before or unfinished ofl received In his owt May 1, 1974 to each eligible applicant a facuities. Settlements, credits, monetary license equal to one half of the allocation or accounting adjustments reflecting th calculated pursuant to subparagraph (13 relative values of the oils involved In th. of this paragraph. Such licenses shall ex exchange are permissible. pire on October 31.1974 unless extended (11) Canadian imports which are sole by-the Director. The Director shall issue to meet the requirement* ot regulation^ before November 1, 1974 a second Ucense published by the Federal Energy Office 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) (l) 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 all such imports In his own facil Canadian imports received in exchange for such imports) in his facilities be 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 fore July 1. 1975. or if be 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 after April 30,1975 shall be reduced by the Di the exchange must process the crude oil rector by the amount of Canadian lm- FtOElAl KEGISTM, VOl. 34, N . 67--FRIDAY, AMIl 5, 1974 ucc 060215