Document ggKgp3MBoXop01044bYvK6eJ

INDUSTRIES PPG INDUSTRIES, INC./ONE GATEWAY CENTER/PITTSBURGH, PENNSYLVANIA 15222/AREA 412/ Distribution Department Industrial-Chemical Division April 18, 1974 Further to our Letter of March 20,- 1974 on possible hazards of Vinyl Chloride Manufacturing and use; attached for your information and quidance is a copy of the Emergency Temporary Standard for Exposure to Vinyl Chloride which was printed in the Federal Register on Friday, April 5, 1974. You will note that part 1910,93q Page 12343 covers the monitoring of the ambient air and of employees where Vinyl Chloride is manufactured, reacted, handled, processed, released, repacked or stored Very truly yours, C^Qsl C. K. Dilley, Supervisor Fleet Requisition and Maintenance CKD:avd Attachments cc: Mr. Z. Bell ^Mr. F, J, Trunzo Mr. L. F. Sargert Mr. J. F. Knott Mr. M. Petruccelli ?ECE!VF0 i SL 092394 Mr, T, W. Moseley Regional Sales Manager General American Transportation Co 1310 Investment Plaza Cleveland, Ohio 44114 Mr. W, Blair Jones Senior Sales Representative ACF Industries, Inc. 601 Grant Street Room 600 - Porter Building Pittsburgh, Pennsylvania 15219 Mr. J. Caldwell Lithcote Corporation Ville Platte, Louisiana 16603 Mr. Forrest Qualls Senior Vice President Richmond Tank Car Company. 777 South Park Oak Road Seventh Floor Houston, Texas 77027 Mr. G, C. Rangos Central District Sales Manager Union Tank Car Company One Parkway Center Suite 225 Pittsburgh, Pennsylvania 15220 Mr. C. M. Avery Lithcote Corporation Post Office Box 466 Ville Platte, Louisiana 70586 12342 rules and regulations Title 29--Labor CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Emermney Temporary Standard for Crpoum to Vinyl Chloride 1, Background. Vinyl chloride (chloroethene), Chemical Abstracts Service Registry No. 75015, Is a synthetic chemical made by oxychlorlnatlon 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 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 celling 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. 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 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 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-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 Instltuto dl Oncologia, Bolocna, Italy, re ported on a series of experiments on the effect of exposure of rets, mice, and 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 #nlmals exposed to VC at a concentration of 50 ppm. It also appears so far that the total number of tumors, as well as the numbers of angiosarcomas of the liver, decrease as the concentrations of VC are reduced to 250 ppm. Finally, another experiment by Professor Mai- torn is underway involving the exposure of 300 animals to VC at concentrations of 50 ppm, in order to assess in a more definitive way whether that level of ex posure produces tumors In animals. Data reported by Torkelson. Oycn and Rowe (American Industrial Hygiene Associa tion J 22:354-301 (1961)) 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. (TR 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 of 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 tumors In his experimental animals at an exposure concentration of SO 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 ease of VC, Profes sor Maltonl did not observe tumors in his animals at exposure concentrations of 50 ppm. In addition, Torkelson. Oycn, 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 compiled 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 thLs time (TR 47,49,71-74). 3. Petition* for an emergency tempo rary standard. Tn a telegram to the As sistant Secretary of labor, received on or about March 14. 1374, the President of the United Rubber Workers Interna tional Union urged the establishment of an emergency temporary standard for VC. During the hearing of February 15, 1974, the Industrial Union Deportment, AFL-CIO, and the United Rubber Work ers International Union made a Joint petition for an emergency temporary standard for VC (TR 141-148). which was also Joined by the 0)1, 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 112, 180). The petitions for an emergency tem porary standard specified in detail the contents of the standard requested. In substance, the request Is to issue a 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; vc cannot sny on the basis of the Information developed so far that a comprehensive standard, such as the one renuested. is either neecs- sarv or even desirable. It has beet' de cided to promulgate a standard contain ing only those essential provisions whi'-h are deemed necessary to provide protec tion to employees from grave danger until a regular rulemaking proceeding in accordance with sections 6 (b) ar.J (c) d! the Act can be concluded. The rr.i- sons for a decision to establish a celling 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. Thcic 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. OSHA. 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 provide. Immedi ately, adequate protection to workers ex- FEDtRAl RiCISTiR, VOL 3V, NO. *7--FRIDAY, AFRIl 5, 1974 SL 092396 RULES AND REGULATI NS 12313 posed to VC. Also, the eight-hour, time- weighted average standard suggested by several participants at the hearing (see, lor Instance. TR 178). has been rejected. The March 191* report ol the survey re vealed that several kinds of work or optfatlona are of short duration. Loading or unloading of a tank car may require approximately 15 minutes. The cleaning ct a reactor may require approximately half an hour. An eight-hour, time- weighted average standard would permit exposure to VC at concentrations of 400 ppm for one hour. Such upward excur sions, several times the 50 ppin level, can not be permitted to occur. *. The standard. The standard set out below contains only the requirements deemed necessary to provide protection before the conclusion of the rulemaking proceeding to be commenced shortly. ' - Because exposure to VC Is hazardous, and because such exposure can occur in the processes of synthesizing or polym 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. 1914, 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 of a fact finding survey recommendations received from NIOSH, and the other data referred to herein, It is found (1 > that VC at con centrations 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 t grave danger to employees; (3) that em ployees are presently exposed to VC at y concentrations In excess of 50 ppm; and 5<*> that the emergency temporary stand*ard set out below is necessary to provide Immediate protection to employees from such danger. Pursuant to section 6(c) of the OccuJ patlonal Safety and Health Act of 1970, ig, a proceeding will commence shortly In f5 accordance with section 6(b) 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 statement will be filed with the jn President's Council on Environmental X Quality, and copies will be provided to V Other appropriate Federal agencies for V. their comments. 3* Pursuant to sections 6(c) and 8(c) (3) j^of the Wllllaos-Stelger Occupational -I Safety and Health Act of 1970 (84 Stat. 1598, 1599; (29 VS.C. 655, 657)), and Secretary of Labor's Order No. 12-71 (36 FR 8754). 29 CFR Part 1910 U amended by adding thereto a new 91910.93q to read as set forth below, in addition, pur suant to section 4(b)(2) of the Act (84 Stat. 1592; (29 US.C. 653)), the stand ard In the new 1 1910.93q Is determined to be more effective than the corre sponding standards now in Subpart B of Part 1910, in Parts 1915, 1916, 1917.1918. and 1926 of title 29, Code of Federal Reg ulations, and In Part 50-204 of Title 41 of the Code of Federal Regulations. There fore. these corresponding standards are superseded by the new standard in 11910.93q. 1. In 29 CFR Part 1910. 11910.93 Is amended by deleting from Table 0-1 the line: " * C Vinyl chloride 500 * 1300". 2. Part 1910 of Title 29 of the Code of Federal Regulations Is amended by adding thereto a new 9 1910.93q to read as follows: 1910.93q Vinyl chloride. (a) Scope and application. (1) Tills section applies to any area or operation In which vinyl chloride (chloroethene). Chemical Abstracts Service Registry Number 75015, is manufactured, reacted.handled, processed, released, repacked, or stored. (2) This section does not 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 million (ppm) (127.0 mg/cum). (c) Monitoring--(1) Initial monitor ing. As soon as possible but not later than 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 excess of 50 ppm. (2) Frequency. Monitoring of a suffi cient number of employees so that a representative sample of exposures to vinyl chloride may be determined shall be accomplished not less frequently than weekly until all results for three consecu tive weeks are at or below 50 ppm. There after. monitoring shall be conducted not 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 toring shall be resumed until all results for three consecutive weeks are at or be low 50 ppm. (3) Method of mouitorino. 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 procedure shall be sensitive to 5 ppm of vinyl cliloride In air with an accuracy of 20 per cent for a ten minute air sample. (4) Employee observation ol monitor ing, Employees working In an area or operation whose ambient a.r Is moni tored, or their representatives, shall be given a reasonable opportunity to observe tho personnel monitoring required by this section. (5) Recordkeeping, The results of all monitoring shall be recorded In writing. The records shall be retained for at least 5 years 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 employee and former employee shall have access to such records of the results of monitoring required by this section as will 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 anv 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 con centrations shall be withdrawn to a safe area and shall not be permitted to re enter the work area unless they wear either Tyne C continuous flow or pres sure demand air supplied respirators or self-contained breathing apparatus. (2) Work which may reasonably be expected to release vinyl chloride in con centrations in excess of SO ppm. such as repair, maintenance or cleaning of re actors or other equipment containing vinyl chloride, shall be accomplished only by employees wearing Type C continuous flow or pressure demand air supplied res pirators or self-contained breathing ap paratus. (3) In any case covered hy para graphs (d)(1) or <d) (2) of this section, in addition to providing the required respirators, the employer shall examine and analyze the source of the excessive concentrations of vinyl chloride in order to determine feasible engineering or op erational controls appropriate to reduce the airborne concentrations to the permissable level. Such controls shall be Implemented as quickly as possible. (4) Periodic tests shall be conducted for equipment leaks and for emissions of vinyl chloride wluch may result from work practices. 3. In 29 CFR Part 1910, 9 1910,19 is revised to read as follows: 1910.19 Special pro, i-ioris fur air run* taminanu. (a) Asbestos dust. Section 1910.93a shall apply to the exposure of ever; em ployee to asbestos dust In every employ ment and place of employment covered by 91910.12. 11910.13. 91910.14, { 1910.15, or 9 1910.16, In lieu of any dif- No. 7--pt. I- FEDERAl REGISTER. VOL. 39, NO. *7--FRIDAV, APRIL 5, 1974 SL 092397 i ii )I 1 I i1 i ft t i \ \ ! i .i ; -3 1234-1 fercnt standard on exposure to asbestos dust which would otherwise be appli cable by virtue of any of those sections. (b) Vinyl chloride. Section 1910.93q shall apply to the exposure of every em ployee to vinyl chloride in every employ ment and place of employment covered by 11910.12, 11910.13, 11910.14, 11910.15, or i 1910.16, 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. Effective date. These amendments shall become effective on April 5, 1974. (Secs. 4, . and , S4 Stat. 1503. 159S, 1590 ( 29 U S.C. 053, 555, 657); Secretary of Labor's Order No. 13-71,36 PR 6764.) Signed at Washington, DC., this 2d day of April 1974. JOHN STENDER, Assistant Secretary ot Labor. [PRDoc.74-7890 PUed 4-6-74:8:45 am) Title 32A--National Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR [OU Import Reg. 1 (Rev. 6), Amdt. 651 OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared In the Federal Reg ister on February 11.1974 (39 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 discussions 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 be modified significantly. Ac cordingly. interested parties should note that, although sections 29 and 33 are written to provide allocations for the entire allocation period May 1. 1974 through April 30. 1975, 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 the Canadian export policy change to the extent that It Is necessary to further modify the affected sections of the OU Import Regulation to conform to such changes. As stated in the preamble to Amend ment 64 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 RUIES AND REGUlATk .S Feueral mandatory crude allocation pro gram in `is present form. The Federal Energy Office has now proposed changes to that program. For these reasons It has been decided to retain the historical basis for making allocations of Canadian Imports into Districts I-IV, 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 15. following the end of the allo cation period in which the license au thorizing such imports from Canada was issued. This fifteen day overlap Is neces sary to prevent disruption of pipeline operations at the nd of each allocation period. This amendment 65 becomes effective on April 5.1974. William A. Vocely, Acting Deputy Assistant Secretary ol the Interior. Approved William E. Simon. Deputy Secretary of the Treasury. A new paragraph (f) Is added to sec tion 3 to read as follows; See. 3* Alloration periods. ** (f) Notwithstanding the provisions of paragraphs (a) and (c) of this section Sum of each eligible applicant's allocation of Canadian Imports In 1973 pursuant to sec tion 23 snd section 31-espretsed In barrels per day --------------------------------------------------------------------Bum of all allocations of Canadian Imports In 1973 pursuant to section 23 snd section 21-eipressed in bamla per 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 (1) of this paragraph. Such licenses shall ex pire on October 31.1974 unless extended by the Director. The Director shall issue before November 1,1974 a 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) (1) 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) (1) Canadian Imports may be ex changed on a barrel for barrel basis for other Canadian imports but each person receiving crude oD or unfinished oils In the exchange must process the crude oil s I entries for consumption of Canadian 1m- f ports by pipeline may be made until mid- 1 night of May 15 following expiration ol ' the allocation period In which a license 1 authorizing such imports from Canads 1 was Lssued. I1 t Section 29 Is amended in Its entirety to read as follows: Sre. 29. Canadian Imports--IliMrirla I-- IV. (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 and which have been transported Into the United States by overland means or over waterways other than ocean waterways.! (b) To be eligible for on allocation of Imports under this section, a person must1 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 nl-; location period May 1, 1974 through April 30. 1975 of not to exceed 762.00b. average barrels dally of Canadian im-! ports into Districts I-IV. ; (d>(l> The Director shall make ul-' locations not subject to license f<cs 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 Doan' > under section 21, or from both. Each such : applicant shall bo entitled to an alloc.i tlon of Canadian imports calculated in accordance with the following formula; y. 762,000 barrels/day t 1I I or unfinished oil received in his own - facilities. Settlements, credits, monetary, ( or accounting adjustments reflecting the ` relative values of the oils involved in the i exchange are permissible . -j (11) Canadian Imports which are sold i to meet the requirements of regulations published by the Federal Energy Office j shall not be subject to the provisions I of paragraph (c) of this section. - if) If a person who receives an alloca- 1 tlon of Canadian Imports under this sec- 1 tion fails to Import the total quantity j of imports specified In the allocation, or 1 If he falls to process all such Imports (or j Canadian imports received in exchange 1 for such imports) in his facilities be- : fore July 1. 1975, or if he falls to meet' the requirement of paragraph (e> of this , section, then any allocation of Canadian J imports for Districts I-IV to which such ! person may otherwise be entitled tor the . first allocation period beginning after j April 30,1975 shall be reduced by the Dt- ' rector by the amount of Canadian lm- . FtDEtAl REGISTER. V L 39, NO. 47--FRI0AY, APtll 5, 1974 SL 092398