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nz 11 RULES AMD REGULATIONS fncnt r.Lr.r dard on crpo-un: In rv'V<-.:`,o,i Fed; rat nu-nt'a'cry ci'ldo allc-v' v.u m cut: A, f )v cornu:'.,| '.Ion of C.'w'dim ! :: chv.t which would otherwl.c he appli i>s net i.t form. Tr.e >- ' ..l poitAy m.pc'h.s .nay ba ::.rt.!o uir.,1 . cable by virtue of any of tho: lioi.n. Etu-r / Ctike ha.-, now propeted rii-uiL'C.s n'l'.iit Vi May IS fo.luwin,' t'Npirai.. ,i n (b) Vinyt cliloiide, .Section 1910.D5ii to th:\ i>r-,. ti-::i. For there l'i a. mv it the p.lt\cat.ini retrod ta which a h, n u shall apply to the exposure of c,cry em has I et\j deemed to retain the hi .to:leal imti'.oviV.nij such imports f.cm Cmn' i ployee to vinyl chloride In every employ ba -Is ivn\uakinK sitneMioils of C'.in.u::. ii wi.-j 1.-st.Yil. ment hikI place of employ uu:it ('.ocred bv { 1910.111, i 1910.13, 5 1910 14, { 1910.15, or 5 1910.16, In lieu of any un- lmpoil,-: i\:o J'i-.tiicts X-IV. The m.'pr cheat <> 1.4 nVii !>vi:.lon Hint requite.-, tt. .. t pcv.von liaviL:; iut allocation of C.uisui, ,u Feet ion 29 is ttmeuded in Us cntu-i ty io .. .d iA follows: fereut standard on cxpomuc to vin/1 chloride which would otherwise he ap Import; iuus\ process the entire volume of Canadian tyiporis 'n Ids own facipy Si c. 29. iv. yuu.uli.ui Tui(inii,i--Ili.ii,]i'ii 1*. A plicable by virtue of any of those .sec The changcXto section 3,i ..re stnu.y <w) ,1s ti\od in this .'.'c1 .i, th, t tions. technical in nuluic with the exi., pi ion r,f "Crtuatlic.il imports" means import-; ii.'in - Effective date. These amendments shall become effective.on April 5, 1974. tile liccmitu; periods referred to above. This amendment also amends section 3 to pi ovule that chlrics for consumption Canada of ciyde oil which lies Lem rrn- duccd in Canada and unfinished ot's which have lAeiv derived from crude oil (Secs. 4. , nncl 8, 01 Sun. 1502. 1500, 1509 (29 U.S.C. 553, 055, 657j; Secretary ot labor's Order No. 12-71,30 FH 754.) of Canadian importf, by pipeline under a license issued pursuant to tliece rcr.utaVlons may be mad*\until midnight: of or uauirnl gr.Apmiuccd hi C.vmul-i and. which have b^en ten a,pot led into tl-.,: United States ly overland means cr cner Signed at Washington, DC., this 2d May 13, followin'; thA end of the alio- waterways other tlu.n ocean vv.itcr.v'ys day of April 1914. Join* O'XZNTER, Assistant Secretary of Labor. IFR Doc.74-7890 Filed 4-4-74:8:45 am) I---------- cation period in wilted, tiro license au- thnruing such imports fgpni C:uiad;t a ns IsMitd Tnis iiftecn day oVerlcp i:; neces sary to prevent disrupting of pipeline operations at tlie end of each allocation period. This amendment 65 becomes effective on April 5,1974. tb) To be eli.\v.o for au albcvliou ot Imports under this section, a person m-, t have In lJi?`ricts\l-JV a facility : of processing CaiiLduiu Imports. (c) Tne Director shall, in !-,r," With the terms olYparagraph uim) c tills section, make illocations for the al location period ItAiy 1, 1971 thi\,u :i\ William A. Vogely, April 30, 1975 of not to exceed 'MV .3 Acting Deputy Assistant average barrels daily of Canadian im Secretary of the Interior. ports into Districts IVIV. AppAived Wisusu E. Simon, Dipaty Secretary of the Treasury. (d)(1) Tha Director shall make al locations not subject to license fees o Canadian imports (olcllgible npplic-.n.t'. who received alloeatioiis of such hupmi; A newWragranh (f) is added to sec tion 3 to rood as follows: Sec. 3, Allocation periods. for Hie period JaiiuaiV 1. 1913 th:- :u December 31, 1971, pis-suar.t to ~ 23 or fmm the Oil Imp\r5 Appeals ..u.ir, under section 21, or froi A hoth. Each v nh. * * * applicant shall be emitted to an ailvcr. <f) Notwithstanding the provisions of tlon of Canadian impui\s calcul.'.i-.-l i; paragraphs)(a) and (c) of tills section accordance with the following tortn'i'a: Sum of eftciiVcLlgibls applicant's allocation of Canadian hiporta In 1973 pursuant to sec tion 23 and motion 21-cspresscd to bantu per day Gum of all allocation* of Canadian Import* In 1973 pursuant to section 23 and sectiou 31-expressed In barrel* per day X 763,000 barr*ls/rlay (2) The Director shall Issue before or unfinished oil received in his tr May 1, 1974 to eAch eligible applicant a facililvtes. Settlements, credits, monel:, license equal to on? half of the allocation or accounting adjustments re'lecting 1 calculated pursuant to subparagraph <1) relative Values of the oils involved in *. of this paragraph. Such licenses shr.il ex exchmceVrs permissible. pire ou October 31,0974 unless extended (til CaiVodlan imports wlilch arc by the Director, The Director shall Issue to-meet thoi requirements of ii-guh-.ri. before November 1, \974 a second license published bA the Federal Energy Ob. to each eligible applicant equal to the shall not beVsubject to the provbi^. remainder of the allocation calculated of paragraph\(e) of this section. pursuant to subparagraph (1) of this (f) If a person who receives an allc. paragraph. Such licences shall expire on tlon of Canadian, imports under this v April 30,1975. tion fails to import the total qunn (e)(1) Except as presided for in sub of imports specified in the allocation paragraph (2) of this paragraph a per if he falls to proces\ all such imports son who imports Canadian imports must Canadian imports received in exchr. process all such imports ill bis own facil for such imports) ik his facilities ity. For the purpose of t|ils paragraph, fore July 1, 1975, or U he fails to .: blending by mechanical means does not constitute processing. \ (2) (1) Canadian importi, may be ex changed on a barrel for barrel basis for other Canadian imports but each person receiving crude da or unfinished oils In the requirement of paragraph (e) or . section, then any allocation of Car...-: Imports for Districts I-lV to which i person may otherwise be mititled for first allocation period beginning . April 30,1975 shall bo reduced by Hit the exchange must process th^crude oil rector by the amount of Canadian ROttAt UClSTMt vut. MO* 47--f*IOAr> ASUt 9, Itr4 Vcc 093867 ts.- Z' *h-'- J 'a'V ^ - 10 v'.<m, ' i / ' -' rJ Vij yd tA^ ^ Jj_ -,;J'r' fits IsJ slSk\-- -^7 -S* /^~ , UcC 093868 RULES AND REGULATIONS Title 20--labor 50 ppm, in order le r.-sess in a more rary standard. In a telegram to (he As 'HAPirr? XV!!--C',CUPAtlOii;,l. 2/V-TTY ,\.-U FOUM / U.'.gNtS'.T.AflON, CIV in f,'Cl if Of L ACOIi 1910--rccupationai. rarer,' uNJ ULAL7II STANUA-7CS definitive '"ay whether `bat, level rf ex posure produces rurnms in animals. Data reported by 'fork.-Von. Oycn and Itnwe American Industrial liyy.eno Asr.ocia- i.m J 22:331-301 (li.oi)) indicate that exposme to VC at i,meant rations Of 50 sistant fcierte'.'ry of Labor, n.-eiv-d on or about M.wch 1 i. 197-1, the ('rcdrV.u of (tie United Rubb-r Woihciv in'ci na tional Union ur-ed the rstabti hnscut of an emergency temporary Man 1; rd fer VC. During the hearing of Vobni.vy 15, 1 riueigeilcyTcinporary fitonJanl for ppm failed to induce tumors in ram, 1971, the Industrial Union Department. Exposing to Vinyl Chloride hamsters, rabbits, and dogs. AFIi-CIO, and the United Rubber Work 1. Liackoroand. Vinyl clilorlde (chlcro- Tlie employees of the B. F. Goodrich ers International Union made a joint ethene), Chemical Abstract.; Bernce Chemical Company v.ho died from an petition for an emergency temporary Registry No. 7.1013, is a synthetic chf'tni- giosarcoma of the liver had an average standard for VC (Til 14i-l-:a>. which c;'l made by oxyehlorination of ethylene exposure of approximately 19 years to was also joined by the Oil, Chemical and or Ly hidrachlcruiation of r.ieLylene. It vinyl chloride, at unknown concentra Atomic Workers International Union is tlio parent thcrmniJlii'Me compound of u resm polymers reries of r.nd co-. tions, and variable exposures to other volatile chemicals. (TR 93). Some em tTR 37). At the same-hearing, several participants urged, on the other hand, a pt.lymeis v. Vi-Ti ere widely ured for con ployees of Union Carbide Company and regular rulemaking proceeding as the tainers, v.'r, ppiti.i tb sues, clu Incal in sulation, pipe, conduit and a varictv of- Goodyear Company arc also repotted m a post-hearing comment from NIOSH most suitable for the orderly develop ment of relevant Information (Til 112, oUir.r preduet =. Vinyl chloride has been dated March 11. 1971, to have had ex 130). made commercially in this country since 193!) e.u-1 uir.yeut production vs In excess posure to vinyl chloride and to have died horn anginrarccma of the liver. Finally, The petitions for an emergency tem porary standard specified In detail the of seven hiiilon pounds per year. autopsies of four d-'cearod employees re contents of tlie standard rco.uested. In Vinyl chloride t'/C) is a gas at am vealed that liver angiosarcoma, tumm. sub-tineo, the request is to i-suc a com- bient torn; "r.Uuro and pre^'-nre and Is a cli'oniv.Ufii h;,uioeaihon wbl, h I'.rs mod erate liver toxicity. Uve prerent standard sets' a ceiling value of 300 parts per millh'i: v;-Tv,.:) ,23 CTR 1310 33). On Jain ,iy 23. 197'1. the Occupational Safety and IP;.did Adminnirntion was informed by the National Institute for Occupational Safety and iiedth (tvlOStl) that the 13. P. Goodrich Ch-miev.1 Company reported that deaths of several of its employees from v raie form of uver cancer may have been occuuatione.lly relaicd. As a result of this not.fi- eatlon, and after consultation with NIOMlf ant a Jotnl Inspection of the plant by OSTIA, NIOSH, and the Ken tucky Department of Labor, a fact-find ing hearing on possible hazards involved with the manufacture and use of both VtT and polyvinyl chloride was an* pounced on January 30, 1974 (39 Ml 33711. and luld on February 15. 1974. 2, Cnrcinot/eniclt'j of VC. information produced at the hearing demonstrated that exposure of laboratory animals (mostly Gprague-Dawley rats) to VC by inhalation at and below the current OSHA standard of 500 ppm Induced tumors, including angiosarcomas of the liver. Profevor Ccsare Maltoni. of the Inslituto di Oncolcgia, Bologna. Italy, re ported on a scries of experiments on the effect of exposure of rats, mice, and hamsters to VC r.t concentrations of 10,000; 6,000; 2,500; 500; 250; and 50 ppm for varying periods uf time fTll 43-63). Some of the experiments have been con cluded, and others arc Still ongoing. The expelimental results so far reported are that tumors luve. 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 of 50 ppm. It also appears so far that th c\ l r v wr if ti nv , a yap rs were' histologically Indistinguishable from the angiosarcoma tumors observed in Professor Maltom'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 he towered from a ceiling of 500 ppm to a ceiling of 50 ppm for the following reasons: (a) In licht of the evidence referred to above Including the Mai ton! experi ments demonstrating that VC is carcino genic in animals at 250 ppm. we conclude that VC must bo considered carcinog'nic 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 conccn-.vations 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, he. 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, Torkclson, 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, Avring mi: cli time the whole question of orehtnsr. e ful'^-developcd standard based on the recomr.,enda:k,ns of the Standards .advisory Committee on Car cinogens submilled to the Assistant Sec retary of Labor on or about August 27, 1973. The recommendations are f.,r.-anqine, and cover special iato.ories of operations, signs and babels, medical sur veillance, rcnoi ting, etc., including a per mit system for the use of a carcinogen, We neree that an emergency tempo rary standard is necessary; *.ve cannot say on the basis of the information developed so far that a comprehensive standard, sucli as the one requested, is I'lUvr neces sary or even dcUr.ibie. It has been decided to promulgate a standard contain ing only those essential provi.dons which are deemed necessary to provide protec tion to employees from grave danger until a regular rulemaking proceeding in accordance with sections 3 (b) and <c) of the Act cm to concluded. The rea sons for a decision to establish a ceiling value of 50 ppm have already been stated. A decision on oilier purdble, ap propriate provisions Is test made after consideration of .ail 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 U e protection of their em ployees are recognized, it may alto be that, some emitiovtrs In some plants have fully complied with the interim controls recommended by N1QSTI 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 bv the staff of the Office of Standards Development. OS11A, of the numbers of angiosarcomas of the liter, decrease us the concentrations of possible safe exposure of humans to VC will be reconsidered more fully and In several facilities manufacturing VC and polyvinyl chloride revealed concentra VC are reduced u> 25') ppm, nelly, Lhe light of more Information, including tions for some Job classifications as high another experiment by Frofesscr Mul- experiments which are under way at this os 229 ppm. .Therefore, a regulttloa Is tonl 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 for an emergency tempo ately, adequate protection to workers ex- FEDCRAL REGISTER, VOL 39, NO. ST--FRIDAY. APRIl 5, 1974 UCC 093869 KULL:5 AND xt'O'. 71 5 VS'Id to VC. Also. the tight-hour. ttrue- Secretary of Tabor's Order No, 12-71 (3u *4) Em/day.v observation at monitor 'iveithUtl averse standard suggested by Fit 375-1!, 23 CFK thirl 1910 Is amended ing Jiiiiplu.. ecs working m an area cr -/cral participants at the hearing (sec, by adding thereto a new i 19l9.D3q to operation whose ambient air is moni to- instance, i'll 17B>. lias been rejected. read us set forth be In c. In audkion, pur tored. or their representatives, shall be The March 1374 rip-ift of the survey re suant to section i'll! (2i of the Act (84 given a reasonable opportunity to observe vealed that severnt hinds of work or op Stat. If-vi; 129 U.f. C. i',:'3)>. the stand the personnel monitoring required by erations arc ol short duration. Loading ard n tb.e new 5 iPiOPhi is determined this .section, or unloadin': of a (ante car may require to be more effective tlua the corrc- trD llcmndl.repir.g. The rrsulrt of nil approximately 17 minutes. The cleaning ...lonflir, : standard' i in Kuhpart B of montoriiuT shall ha recorded in writing of a reactor may require : ppro.umately Part HI 10. ill Paris AT5. 1315, 13,7. iiT'b T" j-'1'* | l. Gain'd Fr l-r st half an hour. Ait eight-hour, tune- and IP2(1 of title 29, Coin e[ federal Reg 5 years nitiTsTiTill Vo made ava--ioieTbr veighted averare standard would permit ulation;;. and in Part 50-21)4 uf Title 41 of inspection and copying by representa exposure to VC at eoneentrations of *100 the Code of federal Regulations. There tives of the Assistant Secretary of Labor ppm for one hour. Such upward excur fore, there corresponding standards are for Occupational Safety and Health sions, several tnr.M the SO opm level, can superseded hy the new standard in and the Director of the National Insti not be iiermiUcd to occur. S 1910 P3q. tute for Occupational Safety and Health v. The standard. The standard set out 1. In 29 CFR Part 1310. 5 1010.93 Is (NIOSH). l..now contains only the rcquuv.uicpts amend'd by deleting from Table 0-1 the (fii Employee access. Each employee deemed necessary to prondo protection line; " * * C Vinyl chloride * 500 and former employee shall ha; e ecress to )..-Ioro the cjni-in.,iou of the rulemaking * * 1300". such records of the results of monitoring proceeding to to to.nn enced -no* Hy. 2. Part 1910 of Tit'e 23 of the Code ivi uircd by this section as will iiuh ate Tlecaus? cxiKt'.m-c to VC is hazardous, of l-'edcrul Regulations is amended by hi: own cm mure to airborne lonccnlra- and because such exposure can occur in adding thereto a new 4 1910,93q to read tions of vinyl chloride. the processes of synthesizing or polym as follows; (71 Employee notification. Each em erizing of VC or i.a the handling of VC polymers or copolymers which contain absoibed VC. tills standard applies to all such processes and to Uie handling, re 1910.93i| Vinjl fliliirllr, (a) Scape and application. (1) This section applies to any urea or operation ployer shall promptly notify any em ployee who has been or is ben's exposed to vinyl chloride in concentrations m ex cess of 50 ppm, and shall inform him of ading, manufacluring, processing, re in which vinyl chloride (chloroethcne). the corrective action being taken. leasing, repackaging, or storage of any of Chemical Abstracts Service Registry (d) Compliance. (1) Whenever any these materia!.-,. The monitoring require ments serve t.,o purposes, to tugger into Number 75015, is manufactured, reacted, handled, processed, it leased, repacked, monitoring sample reveals ;inyl chloride at a concentration in excess of 50 ppm. operation a e,...\i'Uancc program and to or stored. or whenever any accident, :,ueh as rup check the clfcv Uvtness of Inc program. (2 Tins section docs not apply to the ture of equipment or spillage, indicates Also, engineering controls ere favored lor hr-mlhng, storage, or oilier use of vinyl tlie likelihood of a greater than usual compliance, ;uid respirators arc intended chloride polymers and copolymers in the release of vinyl chloride Into the ambient to provide protection until such controls form of fabricated products, air. oil employees exposed to such con .can be installed or in cases where such i bl Permissible exposure. The occupa centrations shall be withdrawn to n safe controls are not feasible. tional environment ih:Ul tic controlled so area and shall not be permitted to ic- Accordingly, by reason of the foregoing that no employee is exposed to vinyl entcr the work area unless they wear and on the basis of the record of the cliioride at a concentration In excess Cither Type C continuous (low or prrt.- hearing of February 15. 1974, with ex hibits, the writ(cn submissions received of 50 pails per million (ppm) mg 'cum). U27.Q sufe demand trir supplied respirators or sclf-conl lined breathing apparatus. before the hearing pursuant to the notice (c Monitoring--(1) Initial monitor (2) Work which may reasonably lie of the hearing, the post-hearing written ing. As soon as possible but not later than expected to release vinyl chloride in con submissions by the participants at Utc April 22, 1974, every cnv.ilo?6f 01 M\ em- centrations in excess of 50 ppm, such as hearing, the March 1374 report of a fact- olojrfe tt'AHtlhg in an area or operation in repair, maintenance or cleaning of re finding survey recommendations received `which vinyl chloride is ninmiiacturea, re actors or other equipment containing from NIOSH, end the other data referred acted. handled processed, released. Fe- vinyl chloride, shall bo accomplished only to herein, it is found (it that VC at con ' iiiickea. ftr stored shall begin monitoring by employees wearing Type C continuous centration:; hi excess of 50 ppm is physi the ambient air of the urea to determine flow or pressure demand air supplied res cally harmful .and carcinogenic: (2) that exposure to VC*at concentrations in ex whether it contains (mvi chloride in rdltcc'htrations m excess cl id mini. pirators or self-contained breaming ap paratus. cess of u concentration of 50 ppm poses a (2) Frequency. Monitoring of a sulfl- <3> In any case covered by para grave danger to employees; (3> that em clent number of employes so tnaE'a graphs (dMl) or (di (2) of this scr-iou. ployees r.rc presently exposed to VC at rcpreStTltAtlve " sample of exposures to In addition to providing the required concentrations hi excess of 50 ppm; and vinyl cfaforlflS may 775 dSterminea shall respirators, the employer shall examine 44) that the emergency temporary stand ard set out below Is necessary to provide be accomplished not less frequently than weekly until all results lor three consecu- and analyze the source of the excessive concentrations of vinyl chloride in order immediate protection to employees from fiive weeks are at or below bo ppm. There to determine feasible engineering or op such danger. after, monitoring shall be conducted not erational controls-appropriate to reduce Pursuant to section 8(c) of the Occu pational Safety mid Health Act of 1970. a proceeding will commence shortly in accordance with section Gib) of the Act. ta 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 bo provided to other appropriate federal ngcneics for their comments. Pursuant to sections 6(c) and 8(c) <3> the WiMlams-Stelgcr Occupational Safety and Health Act of 1970 (84 stat. less frequently than monthly so long as the concentrations of vinyl chloride do not exceed 50 ppm. If a monitoring sam ' ple reveals vinyl chloride in concentra tions In excess of 50 ppm, weekly moni-, toeing shall be resumed until all results* for three consecutive weeks are at or be low 50 ppm. . . . uj tucinoa cj i.'ioniioriup.^^erjjjjaflj monitoring shall be accomplished lw cni Tccling samples bv suitable devicy wor bv the employee. The samples shall fc " analyzed by gaschromatography or b any other method which is of cqtnvalen sensitivity. The analytical procedur shall be sensitive to 5 ppm of vinyl chlo ride in air with an accuracy of T20 per the airborne concentrations to the permissable level. Such controls shall be Implemented ns quickly as possible. (4) Periodic tests shall be conducted for equipment leaks and for emissions of vinyl cliioride which may result from work practices. 3. In 29 CFR Part 1910, 5 1910.19 Is revised to read as follows: 1910.19 Special prow-ions for sic minniiitauts. (a) Asbestos dust. Section 1910.93a shall apply to the exposure of every em ployee to asbestos dust in every employ ment and place of employment covered by I 1910.12, ! 1910.13. 5 1910.14, 1S96, 1099; (29 UilC. 055, 057)), and cent for a ten minute air sample. 11910.15, or $ 1910.1G, In lieu of any dif- TCW-RAl REGISTER, VOl. 39, NO. i7--fRIDAT, APRIL , 1974 UCC 093870