Document j4yQ8yLYaJokknyVQZwaEj22

12342 RULES AND REGULATIONS Title 29--Labor | 50 ppm, in order to assess in a more CHAPTER' .XVII--OCCUPATIONAL SAFETY AtiD HEALTH ADMINISTRATION, DEPARTI.'tNT OF LABOR PART I'.'IO--OCCUPATIONAL SAFETY AND HEALTH STANDARDS ' i I definitive way whether that level of ex posure produces tumors in animals. Data reported by Torkelsofi. Oycn and Rowe (American Industrial Hygiene Associa tion J 22:354-361 (1961D indicate that exposure to VC at concentrations of 50 Emergency Temporary Standard for ppm failed to induce tumors m rats, Exposure to Vinyl Chloride hamster-, rabbits, and docs. 1. Background. Vaj'l chloride (chloroediene). chemical Abstracts Service F.cjisrry No, 75015. is a synthetic chemi cal made by oxychiorination 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 ether products. Vinyl chloride has been made commercially in this country since 1S39 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 clilcrinatcd hydrocarbon s hlch 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 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 Maltoni, of the Institute di Oncologic., Bologna. Italy, repot ted on a series of experiments on the effect of exposure of rats, mice, and hamsters to VC at concentrations of 10.000; 8,000: 2.S00: 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 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, The employees of the B. F. Goodrich Chemical Company who died irom 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 II, 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 ceiling of 50 ppm for the following reasons: (a) In light of the evidence referred to above including the Maltoni experi ments demonstrating that VC is carcino genic in animals at 250 ppm, we conclude that VC must be considered carcino genic in man at the same level; (b) Although Professor Maltoni did not induce tumors in his experimental animals at an exposure concentration of 50 ppm, these data do not support the concept that occupational exposure of employees to concentrations of 50 ppm throughout their working lifetime would be without detrimental health effects; (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 Maltoni did not observe tumors in his animals at exposure concentrations of 50 ppm. In addition. Torkelson, Oven, 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, 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 another experiment by Professor Mal experiments which are under way at this toni is underway involving the exposure time (TR 47.49, 71-74). of 300 animals to VC at concentrations of 3. Petulant for an emergency fempo- rary standard. In a telegram to the As sistant Secretary of Later. rece:v:d on or about March 14. 1974, the Prrriaem of tno United Rubcer Wor..e.-i in.-.-r.,,- tional Union urged the establishment cf an emergency temporary standard for VC. During the hearing of February 15, 1974, the Industrial Union Department, 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 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 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 cn 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, ai>-' propriate provisions is best made after consideration of ell 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 questloned. 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 h considered necessary to provide, immedi ately, adequate protection to workers ex- FEDERAL REGISTER, VOL 39, NO. 67--MIDAr, AMU 3, *974 OLI 4920 e> i c h * * T I 1 t rt*- . i- RULES AND REGULATIONS . ISTTt posed to VC. Abo, the eight-hour. time- ws:ghicd r.vsrr.-; standard suggested by several ezrusi-mam at the heanr.T (see. for instance. TTt 173'. has neon rejected. The March 1574 report of the survey re vealed `hat several kinds of work or op erations are of short deration. Loading or unloading of a tank car may require approximately 13 minutes. The cleaning of a reactor may require approximately half an hour. An eight-hour. timeweighted average standard would permit exposure to VC at concentrations of 400 ppm for one hour. Such upward excur sions. several times the 50 ppm level, can not be permitted to occur, 4, 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 ol 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. Secretary of Labor's Order No. 12-71 (3G F7i S751), 29 CTFt part 1910 is amended by addin? tnereto a new 5 1910.93d to read as set ior'.U brio?:, in addition, pur suant to section 4ib) (2i of the Act (34 Stat. 1592; (2? V.S C. G53'). the stand ard in the new ; I9l0.93q is determined to be more effective than the corre sponding standards now in Subpart B of Part 1910. in Paris 1915, 1916. 1917, 1918, and 192G of title 29. Cade 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 { 1910.93q. 1. In 29 CFR Part 1910, S 1910.93 is amended by deleting from Table G-l the line: "* * * C Vinyl chloride * * * 300 * 1300". 2. Part 1910 of Title 29 of the Code of Federal Regulations is amended by adding thereto a new 11910.93q to read as follows; 1910.93q Vinyl chloride. (a) Scope and application. (1) This 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. (2v This section does not apply to the (4) Employee observation a: me-:.-vin<7. Employees wc ruing in a:, ..rev operation whore ambient air " tored, or their re-prcsenvri.r.v; . v . ; given a reasonable opponun;:;- re. . . the personnel monitoring rt this section. (5) Recordkeeping. The resul zs of all monitoring shall be recorded m writing. Tlie records shall be retained for at le.rst 5 years and shall be made avail-'.,tie for inspection and copying by' veprrvr.iitives 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 tn ex cess of 50 ppm, and shall inform him of the corrective action being taken. - (<f) Compliance, u) "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 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 of a fact finding survey recommendations received 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 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 sate area and shall not be permitted to re enter the work area unless they wear either Type 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 50 ppm. such as repair, maintenance or cleaning of re actors or other equipment containing from NIOSH. and the other data referred acted. handled, processed,'released, re vinyl chloride, shall be accomplished only to herein, it Is found (1) that VC at con packed. or stored shall begin monitoring by employees wearing Type C continuous centrations in excess of 50 ppm is physi the ambient air of the area 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 vinyl chloride in con centrations in excess of 50 ppm. pirators or self-contained breathing ap paratus. cess of a concentration of 50 ppm poses a (2) Frequency. Monitoring of a suffi (3) In any case covered by para grave danger to employees; (3) that em cient number of employees so that a graphs (d) (1) or <d> (2) of this section, ployees are presently exposed to VC at representative sample of exposures to in addition to providing the required concentrations in excess ol 50 ppm: and vinyl chloride may be determined shall respirators, the employer shall examine <4> that the emergency temporary stand ard set out below is necessary to provide be accomplished not less frequently than weekly until all results for three consecu and analyze the source of the excessive concentrations of vinyl chlonde m order immediate protection to employees from tive weeks are at or below 50 ppm. There to determine feasible engineering or op such danger. after. monitoring shall be conducted not erational controls appropriate to reduce Pursuant to section 6 (c) of the Occu pational Safety and Health Act of 1970, a proceeding will commence shortly in 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 President's Council on Environmental Quality, and copies will be provided to other appropriate Federal agencies for their comments. Pursuant to sections fl(c) and 8(e) (3) of the WiUiams-Stelger 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 toring shall be resumed until all 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 procedure shall be sensitive to 5 ppm of vinyl chlo ride in air with an accuracy of *20 per 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 which may result from work practices. 3. In 29 CFR Part 1910. J 1910.19 Is revised to read as follows; 1910,19 Special proviaiont for air con taminants. (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. 51910.13, 5 1913.14, 1596, 1599; (29 U.S.C. 655, 657) >. and cent for a ten minute air sample. i 1910.15, or $ 1910.16. in lieu of any dif- No. 67--Pt. r- FEDERAL REGISTER, VOL 39, NO. 67--FRIDAY, APRIL 5, 1974 OLX 4921 12514 RULES AND REGULATIONS ferer.t standard on exposure to asbestos dust which would otherwise be appllcable by virtue of any of those sections. lb) Vinj/I 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 5 1910.13, 9 1910.13. 9 1910.14, 9 1510.15. or 91910.16. 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 became effective on Apnl 5, 1974. (Sees. 4. , and 8, 84 Stat. 1893. 1888. 1899 (29 U.5.C. 883. 688. 667); Secretary of Labor's Order No. 13-71.36 FR 8764.) Signed at Washington, DC., this 2d day of April 1974. John Stendxr, Assistant Secretary of Labor. [PR Doc.74-7890 Filed 4-4-74:8:48 am) Title 32A--National Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS. DEPARTMENT OF THE INTERIOR . [Oil Import Reg. 1 (Rev. 6), Arndt. 68] OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared In the Federal Rep ute* on February 11, 1974 (39 FR 5193) a proposal to amend several sections of Oil Import Regulation 1 (Revision 5), aa 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 la 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 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 Federal mandatory crude allocation pro gram in its 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 entries for consumption of Canadian im ports by pipeline ma7 be made im,,i m!-inight of May 15 following e::pirz.-.:oa of the allocation period in which a license authorizing such imports from Canada was Issued. imports into Districts I-IV. The major change is a provision that requires that a person having an allocation of Canadian Section 29 is amended in its entirety to read as follows: imports must process the entire volume Sec. 29. Canadian Imports--Dlstricu I-- of Canadian imports in his own facility. IV. . 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 (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 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 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 Issued. This fifteen day overlap is neces have in Districts I-IV a facility capable sary to prevent disruption of pipeline of processing Canadian imports. operations at the end of each allocation period. This amendment 65 becomes effective on April 5.1974. (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 William a, Vooclt, April 30. 1975 of not to exceed 762,000 Acting Deputy Assistant average barrels dally of Canadian im Secretary of the Interior. ports into Districts I-IV. Approved William E. Simon, Deputy Secretary of the Treasury. (d) (1) The Director shall make al locations not subject to license fees of Canadian Imports to eligible applicants who received allocations of such imports A new paragraph (f> Is added to sec tion 3 to read as follows: See, 3. Allocation periods, 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 (f) Notwithstanding the provisions of tion of Canadian Imports caiwiiated in paragraphs (a) and (e) of this section accordance with the following formula: Sum of esch eligible Applicant's Allocation of Canadian Imports la 1973 pursuant to sec tion 23 And section 31-expressed in barrels perdsy Sum at All Allocations of Canadian imports in 1973 pursuant to section 33 and section 21-sxpressed in barrels per dsy X 703,000 bamls/day (2) The Director shall issue before or unfinished oil received in his own . May 1, 1974 to each eligible applicant a facilities. Settlements, credits, monetary, license equal to one half of the allocation or accounting adjustments reflecting the calculated pursuant to subparagraph (1) relative values of the oils involved In the of this paragraph. Such licenses shall ex exchange are permissible pire on October 31. 1974 unless extended Ul) Canadian imports which are sold by the Director. The Director shall issue to meet the requirements of regulations before November 1, 1974 a second license published by the Federal Energy Office to each eligible applicant equal to the shall not be subject to .the provisions - 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 tlon of Canadian imports under this sec April 30,1975. tion falls to Import the total quantity (e) (1) Except as provided for in sub- of imports specified in the allocation, or paragraph (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 oil or unfinished oils In If he falls to process all such Imports (or Canadian Imports received in exchange 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 imports for Districts I-IV to which such person may otherwise be entitled for the first allocation period beginning after April 3Q, 1975 shall be reduced by the Di the exchange must process the crude oQ rector by the amount of Canadian ha- fi-)- rV: t *FEOOAl REGISTEl, VOL 39, NO. 67--FRIDAY, APUl 5, 1974 -e- o.!,-' f` - .v rr . ... . ' f V h ' it OLl 4922 4 12212 RULES AND REGULATIONS Title 29--Labor CHAPTER) XVII--occupational safety AND HEALTH ADMINISTRATION, DE PART?.'ENT OF LABOR PART l1!'10--OCCUPATIONAL SAFETY AND HEALTH STANDARDS Emergency Temporary Standard for Exposure to Vinyl Chloride 1. Background. Vinyl chloride (ch'oroethene), Chemical Abstracts Service Registry No. 75015. is a synthetic chemi cal made by oxychlorinaiion 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 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. 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 FR 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 Institute di Oncologia, Bologna, Italy, re pot ted on a series of experiments on the effect of exposure of rats, mice, and hamsters to VC at concentrations of 10,000: 5,000; 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 of so 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 Mal tonl 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 22:354-361 (1961)) indicate that exposure to VC at concentrations of 50 ppm failed to Induce tumors in rats, hamsters, rabbits, and dogs. The cmpicyccs 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 ceiling of 50 ppm for the following reasons: (a) In light of the evidence referred to above Including the Maltoni experi ments demonstrating that VC is carcino genic 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 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 animals 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, 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 sale exposure of humans to VC will be reconsidered more fully snd 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 standard. In a telegram to the As sistant 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 hearing of February 15. 1974, the Industrial Union Department, 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 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 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 farranging. 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 8 (b) and (c) of the Act can be concluded. The rea 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 3D, 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, 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- FEDERAL REGISTER, VOL 39, NO. 67--FRIDAY, AFRIt J, 1974 _ 01*1 4923 RULES AND REGULATIONS 12333 posed to VC, Also, the eight-hour, tlmewcigiited average standard suggested by several particlnants at the hearing (see, for instance. Til 173), has been rejected. The March 1974 report of the survey re vealed `hat several kinds of wort or op erations are of short duration. Loading or unloading of a tank car may require approximately 15 minutes. The cleaning of a reactor may require approximately halt an hour. An eight-hour, timeweighted overage standard would permit exposure to VC at concentrations of 400 ppm for one hour. Such upward excur sions. several times the 50 ppm level, can not be permitted to occur. 4, The standard. The standard set out below contains only the requirements deemed necessary to provide protection before the conclusion of the rulemating 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, 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 of a fact finding survey recommendations received from NTOSH, 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 grave danger to employees; (3) that em ployees are presently exposed to VC at concentrations in excess of 50 ppm; and (4) 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 Occu pational Safety and Health Act of 1970, a proceeding will commence shortly in 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 President's Council on Environmental Quality, and copies will be provided to other appropriate Federal agencies lor their comments. Pursuant to sections 6(0 and 8(0 (3) of the willlams-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1596, 1599; (29 UJ3.C. 655. 657)). and Secretary of Labor's Order No. 12-71 <3G Fit 8751). 29 CFF. Port 1910 is amended by adding thereto a new S 1910,93q to read as set forth below. In addition, pur suant to section 4*b)<2) of the Act (84 Stat. 1592; (29 u.s,c. G53)>, the stand ard in the new 5 1910.93q is determined to be more effective than the corre sponding standards now in Subpart B of Part 1910. in Parts 1915, 1918. 1917, 1918, and 192G of title 29, Code of Federal Reg ulations. and m Part 50-204 of Title 41 of the Code of Federal Regulations. There fore,' these corresponding standards are superseded by the new standard in 1910.93q. . 1. In 29 CFR Fart 1910. 5 1910.93 Is amended by deleting from Table G-l the line:............... Vinyl chloride * * * 500 * * 1300". 2. Part 1910 of Title 29 of the Code of Federal Regulations is amended by addins thereto a new i 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 vmyl chloride (chloroethene), Chemical Abstracts Service RegistryNumber 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 SO 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 Ghloride 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 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 procedure shall be sensitive to 5 ppm of vinyl chlo ride in air with an accuracy of 20 per cent for a ten minute air sample. (4) Employee observation or nnv.foring. Employees working in an area or operation whose ambient air is moni tored, or their representatives, sha-1 be given a reasonable opportunity to obs.rve the 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 os 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 to 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 to 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 Type 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 to con centrations to excess of 50 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 by para graphs (dHl) or (d)(2) of this section, to addition to providing the required respirators, the employer shall examine and analyze the source of the excessive concentrations of vinyl chlonae m 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 which may result from work practices. 3. In 29 CFR Part 1910. 5 1910.19 Is revised to read as follows: . 1910.19 Special provisions tor air cantaminants* (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. M910.13. ! 1910.14. 11910.15, or 3 1910.16. In lieu of any dif- No. 87--Ft. I- FEDERAL REGISTER, VOL 39, NO. 67--FRIDAY, APRIl S, 1974 OLI 4924 12344 RULES AND REGULATIONS ferer.t standard on exposure to asbestos dost which would otherwise be appli cable by virtue of any of those sections. (by-Vinyl chloride. Section 1910.93d shall -pply to the exposure ot every em ployee to vinyl chloride in every employ ment and place of employment covered by 5 1910.13, 5 1910.13. 1910.14, 5 1910.15, or 5 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. (Sea. 4. S. end B. 84 Stst. 1S93, 1898,1599 (29 U.S.C. 653. 655, 657): Secretary of Labor's Order No. 19-71,36 FR 8754.) Signed at Washington, DC., this 2d day of April 1974. John Stsndii, Assistant Secretary of Labor. [PH Doc.74-7890 Filed 4-4-74:8:45 am] Title 32A--National Defanse, Appendix CHAPTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR [OU import Reg. 1 (Rev. 6), Amdt. 65] 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). aa amended. Amendment 64 to OU Import Regulation I (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 I, 1974 through April 30. 1975. licenses will only be issued initially for one half of the May 1, 1974 through AprU 30. 1975 al location period and the licenses will only be valid for 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 Oil Import Regulation to conform to such changes. As stated in the preamble to Amend ment 64 the- three tier system proposed for making allocation under section 29 did not receive complete acceptance. Also, the proposed change to section 29 was predicated on a continuation of the Federal mandatory crude allocation pro entries for consumption of Canadian im gram in its present form. The Federal ports by pipeline may be made unul mid Energy Office has now proposed changes night of May 15 following expiration of to that program. For these reasons it the allocation period In which a license has been decided to retain the historical authorizing such imports from Canada basis for making allocations of Canadian was issued. ; L- imports Into Districts I-IV, The major change is a provision that requires that a person having an allocation of Canadian Sectlon 29 is amended In its entirety to read as follows: - Imports must process the entire volume See. 29. Canadian Import*--Districts I-- of Canadian imports in his own facility. IV. . 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 end of each allocation period. This amendment 65 becomes effective on April 5,1974. (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 an allocation of imports under this section, a person must have in Districts I-IV a facility capable of processing Canadian imports, u (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 William a. Vocelt. Actino Deputy Assistant Secretary ot the Interior. April 30. 1975 of not to exceed 762.000 average barrels dally of Canadian im ports into Districts I-IV. Approved William E. Simon. Deputy Secretary of the Treasury. (d) (1) The Director shall m>q ol. locations not subject to license fees of Canadian imports to eligible applicants who received allocations of such imports A new paragraph <f> Is added to sec tion 3 to read as follows: Sec. 3. Allocation periods. for the period January 1. 1973 through December 31, 1973. pursuant to section 23 or from the OU Import Appeals Board under section 21, or from both. Each such applicant shall be entitled to an alloca (f) Notwithstanding the provisions of tion of Canadian imports calculated In paragraphs (a) and (c) of this section accordance with the following formula: - Sum of emeu eligible applicant's allocation of Canadian Imports In 1973 pursuant to sec tion 23 and section 21-expressed in barrels per day Sum of all allocations of Canadian imports In 1973 pursuant to section 33 and section 31-expressed In barrels per day X 763.000 bail*la/day (2) The Director shall issue before or unfinished oil received In his own May 1. 1974 to each eligible applicant a facilities. Settlements, credits, monetary, license equal to one half of the aUocation or accounting adjustments reflecting the calculated pursuant to subparagraph (1) relative values of the oils involved In the of this paragraph. Such licenses shall ex exchange are permissible. . ' pire on October 31. 1974 unless extended (11) Canadian Imports which are sold by the Director. The Director shall issue to meet the requirements of regulations before November 1, 1974 a second license published by the Federal Energy Office to each eligible applicant equal to the shall not be subject, to .the provisions 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 AprU 30.1975. tion falls to import the total quantity (e) (1) Except as provided for In sub- of imports specified In the allocation, or paragraph (2) of this paragraph a per son who imports Canadian Imports must If he falls to process all such imports (or Canadian imports received In exchange process all such Imports In his own facu for such Imports) In his faculties be lty. For the purpose of this paragraph, fore July 1, 1975. or if he falls to meet blending by mechanical means does not the requirement of paragraph (e) of this constitute processing. section, then any allocation of Canadian (2) (1) Canadian imports may be ex changed on a barrel for barrel basis for other Canadian Imports but each person Imports for Districts I-IV to which such person may otherwise be entitled for the first allocation period beginning after receiving crude oU or unfinished oils In April 30.1975 shaU be reduced by the Di the exchange must process the crude oU rector by the amount ot Canadian lm- FEDERAL REGISTER, VOL 39, NO. 67--FRIDAY, APRIL 5, 1974 OLI 4925