Document oe13gED269oa5pL2oN3eX490o

123*2 SULES AMD E9ULATtONS THJ* 29--lab* 50 ppm. la order to assets In a more ronr ttaniord. tn a telegram to the As CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR definitive way whether that level of ex panse produces tumors In animals. Data reported by TdrieJsan, Gyen wad Howe' sistant Secretary of Labor, received on or about March 14. 1974, the President of the trotted Rubber Workers Interna FART 1910--OCCUPATIONAL SAFETY A*0 HEALTH STAtitsaROS (AtCricaa Industrial Hygiene Associa tional Union urged the establishment of tion 3 22:354-351 U931 indicate that an ententemy temporary standard fag expemna to VC at concentrations of 9 VC. Caring the bearing of TWtauaiy 15, EmergencyTemporary Standard far pea failed io induce tumors in tabs, 1974. the Industrial Union Department, Ljcposur* to Virr/i Chlorkte hamsters, rabbits, and dogs. AFU-CiO, and the United Rubber Wash- 1. Sactn/rxmnd. Vinyl chloride (chlocc- The employees of the 8, P. Goodrich era International Union made a joint ethene), Chemical Amtracts Service Regtrirr Ko. 7301S. is a synthetic chtrsicAt made by oxythlortnaUen ot ethylene Chemical Company who died from snEicsarccma of the ftvyr had an average exposure of approximately 19 years to petition for an encrgcncy temporary standard for VC <TR 141-148). which was also Joined by the OIL Chemical and or 'ey faydroehlorinaUon of acetylene, it vinyl chloride, at unknown concentra Atomic Worker* international Union is the parent oompeuad of a series of thermoplastic resin polymers and co polymers which are widely used for con tainer*. wrapping tissues, electrical asulaaon, pipe, conduit sad 8 variety -of other products. Vinyl chloride has been made cosomerciaiy in this country feioce 1330 and present production is in excess of seven billion pounds per year. Vinyl chloride (VC) is a gas at sec, blent temperature and pressure and is a chlorinated hydrocarbon which has mod erate liver toxicity. The present standard sets a ceiling value of $99 parts per million <o?m> <2? CFR 131033). On January 22,137*. 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 death# ei several of tt* employees from a rare form of liver cancer may have been occupa tionally related. As a result of this notQ- tation. and after consultation with NTOSH and joint inspection of the &plans by OSHA, NIG!. and the Ken tucky Department of Labor, a fact-Sadtog bearing oh possible hazards Involved with the manufacture and use of both VC and polyvinyl chloride was an nounced on January 30, 1374 (33 FS 3374), and held on February IS, 1974. tions, send variable exposures to other (TR YJ>. At the same hearing, several volatile chemicals. (TH 93). Some em participants urged, on the other hand, s ployees of Union Carbide Company and regular rulemaking proceeding as the Goodyear Company are also reported to most suitable for the orderly develop a post-hearing comment from NTOSH ment of movant information (Tit 112. dated March 11. 1874. to have had ex 180). posure to vinyl chloride and to have died The petitions for an emergency tem from angiosarcoma of the liver. Finally, povary standard specified to detail the autopsies of four deceased employee* re- contents of the standard requested. In Tt&led that liver angiosarcoma tumor* substance, fee request Is to issue a com were histologically tofBstingui&babte prehensive fUHy-developed standard liven the acsJasarcama tumors observed based on the recommendations of the, in Professor Mftltonl's experimental ani . Standards Advisory Commutes car Car mals. It is concluded therefore, that cinogens submitted to the Assistant Sec vinyl chloride is carcinogenic for hu retary of Labor on or shout August 27, mans. 1973. The recommendations are far- T7 therefore conclude that the present ranging, surd cover special categories of standard for VC should be lowered from operations. risns and labels, medical sur- a ceiling of SCO ppm to a ceiling of SO veiOance. reporting, etc- including a per pptn for the following reasons: mit system tor the nse of a carcinogen. (a) In tight *** evidence referred We agree that an emergency teajpo- io above including the Maltonl experi imy standard Isnecessary; we cannot say ments desconsfcratisg that VC is carcino on the baste of the inforasatian developed genic In animals at 259 ppm, we conclude so far that a comprehensive standard, that VC must 2m considered carcino such as the onerequested. is citherxjeces- genic In manat the same level; sary or even desirable, it has been de <b> Although Professor Mattonl did cided to promulgate a standard contain sot induce tumors to his eroerimeatal ing only those essential provisions which animals at an exposure concentration of are deemed necessary to provide protec 30 ppm, these data do not support the tion to employees from grave danger concept that occupational exposure of -until a regular rulemaking proceeding to employees to concentrations of 50 ppm accordance wife sections A <b) and fc) throughout their working lifetime would of tha Act can be concluded. The rea be without detrimental health effects: sons for a decision to establish a cento* ta , C 2. CordnofftmUnts o! VQ. Information fc) The Question whether safe Isvels value of 59 ppm bare already been produced at the hearts# demonstrated that exposure of laboratory animals (mostly Spregue-Dawley rats) to VC by inhalation at and below the current OSHA standard of 5CS) ppm Induced 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 rase of VC, Profes sor Maltoal did not observe tumors In stated. A decision an other posable; ap propriate prorisksns 1$ best made after consideration of ah relevant data and views that Interested perrons may sub mit during, fee proceeding soon to be tumors, including angiosarcomas of the his animals at exposure concentrations Initiated. . liver. Professor Ces&re Msltoni, of the a! 50 ppm. In addition, Tcrkelson, oyen* Wife respect to argument* to opposi Institute dl Oncolcgia, Bologna, Italy, re and Rowe found that exposure to con tion to issuance of an emergency tem ported oh a series of experiments on the centrations of 50 ppm of VC failed to In porary standard, the concern and efforts effect f exposure of rate, ihice. end duce tumors in rats, hamsters, rabbits, c several eompanlrepartklpatiBg et fee hamsters to VC at concentrations of 15.- and-dess.-Accordingly, there is-insuf hearing for the protection of their em 000; 5,000; 2,500: 500; 250; and 59 P>sn ficient evidence at this time to conclude ployees are recognized, it may also be for Varying periods of time (TR 43-C3). that VC at concentrations of 50 ppm or feat some vmployers to some plants have Scant of the experiments have been con below poses a grave danger to humans. fully complied wife the interim controls cluded, and others are still ongoing. The experimental results so far reported are <d> The emergency temporary stand ard adopted represents a substantial re recommended by HIOSH on January 39, 1974. There is, however, reason to believe liK--S' that tumors have been observed tn duction tn the permissible level of expo that employees are currently being ex groups of animals exposed to VC at con sure and. to our practical judgment, is posed to VC at concentrations well above centrations as low as 250 ppm. Ho turner# the lowest level that can be complied 50 ppm. This was asserted several times have been observed in the group of ani with immediately; and at the bearing, and not seriously ques mals exposed to VC at a concentration (e) This standard will be in effect fee tioned. Moreover, a report, dated March of 50 ppm. It also appears so far that a period of no longer than six months, 1974. of a survey by the staff ot the Office the total number of tumors, as well as during which time the whole Question of of standards Development, OSHA. ot the numbers of anglcearooroas of the possible safe exposure ot humans to VC several facilities manufacturing VC and liver, decrease as the concentrations of w*U to reconsidered more fully and to polyvinyl chloride revealed concentra VC are reduced to 230 ppm. Finally, the light of more information, including tions for some job classifications as high another experiment by Professor Mal- experiments which are under way at this as 329 ppm. Therefore, a regulation is tonl is underway Involving the exposure of 300 animals to VC at concentrations of time <TR 47,49,71-74). 3. Petition* fer on merpenty tempo- considered necessary to provide, immedi ately. adequate protection to-woritex* es- retttAi. k&tsres. veu. av. no. *j--asy, -sret.*, mm BFG29563 !i'if -- I ltn.ES AtiO fiEGUWnONS 12&3 '4- r . ' . .. .. . .. , . .. 4 pqsM to YC. Also, the eistot-hottr, time* Secretary of tatonc's Order Ko. 12-71 <39 , <4> plsawe ObKTvotio* of umifor- weighted average atarulaiti suggested by 3t 8754), 29 CYR Part 1910 U amended ton. Erapiroee* woratos to am area ox several pftrtteiP5n*s at the bearing <see. by adding thereto a near 819l0.sto` to ooetaiSaa whose Krahlrrt air i& tnsol- jw instance. TS i78>, baa been rejected. read as set forth below, to addition, pur tcered, or thetr represemtottresi shah be ";f The March 1974 report ot the survey re- suant to section 4<bl (2) of the Act (54 irtreu a reasonable opportunity id bbtervo ,-fi vested that several kinds or work or op* St*t. 1582; (2S trs.c. eS3)>. the Stand the personnel monitoring required by -jg tratitm* are of- short duration. leading ard to the new f I4l05iq is determtoed this section. - ? or unloading of a tank ear nay require to be more circctivo than toe corre ' t5) BccorrfftKpxufir- The retoilts of -all ,3 approximately 15 minutes. Use chairing sponding standards now in Subpart B ot monitoring sliafi be recoided In writto*. l 4 of a reactor may require approsteiatriy Part 1810, in Vtxis. 1915,1S13,1917.1918, The records shall be retained for at least hair an hour. An eight-hour, time- and 192 of title 29. Code of jPtederal Jteg- 5 years and shall be made arailBble for ; weighted average standard would permit olatiorts, and to Fart 50-334 of Title 41 Of Inspection and copying by representa exposure to VC at concentrations of 490 the Code of Federal Regulations. There tives of the Assistant Secretory of Ihbor A . ppm for one hour. Such upward escur- fore. those correspcffidlng standards are for Oongadkma} Safety arid Health 3 - steas, several times too 60 psm heel. can* superseded by toe near standard in and tha Director of th* National Insti 9 A aos fca-oerraHted to occur, ' 1 lelOJBSq. . tute for Occupational S$l$ty and Health | , v; U-,4. 77jc sffirtdard. Tbs standard set out I. In 29 cm Part 1915, } ISIOJM iti adosEK' . - . . - -, 'v i - ' ::snt*ins only the requirements amended by dueling from Tshlc C-l the .(6) Empfopet oceera.- Each r.?Joyco 4 - decayed necessary to provide protectiira 5 jv before the epeldsioa of the ndtarekias Kne: * " * C Vinyl * 1390V-,'. chlo:ri;dev " 500 and former employee shafi have access to #och records of the results of monitoring rh-sig proceeding to 1 commenced shortlyV *. Part 19ltf of Title 29 of to* Code required by this section as wSfi iadkstb !> ureausa exposure to VC to hazardous, of Federal BcguUtiom is amended by his ows wapoeaie to aitborso co&eehtra- -;''-! id because such exposure can occur in 2i V: the processes of synthesirtrg or polyns- r-l; erteiog ot VC. of la the h&ndltog of YG poiyjtaas or eopaJjtate* which coaiein adding thereto a new 5 lSJ09Sa to read as follows:. , 1910.9*| ITnylcMoviic.' - ; , * ttons of ttotI cUcrid* (7) Employs* not*Acatioa. Bath em ployer shall promptly notify any. em ployee who has been or is being exposed It aijKssrtsed YC. tb standard aprttes to all such r*rocesss3 and to'the haadttrsr, re m acting, naHBtfacturfew; precasting. re leasing, repackaging, or ttarageol any cl t;r-: these materials. Th rswattosisg require Ti ? 'i?;-S'-. ments serve two purposes, to trigger into operation. * compiUcra program and to check the e&ecttvenesa of the program. Also, ongtoeestas controts era lavared for I 14 compliance, and respirator* are intended r, to provide protection until soch contrcu3 f oati he istiaued or in cases jtisere such . controls arc a* feasible. - - l Acosrdbigty. Say rrason of tt foregoing j and *a ifcta basis of the record of ties * (iY'Scopt-imt apptketim. 'X1) Thia section applies to. any area or operation to which vton ctoocii* tobioroethene), Chemical Abstracts' Serrke Registry Number 75015, ia manufactured, reacted, bandied, processed, re!eased, repacked, or stored. <2) This section docs not apcJr to the handling, storage, or other use of vinyl chloride ffaiisntts and copoimers in the form of fabricated products. <b> Perrr.ifsibts rpo?vre. The occupa tional eoriror:3ntebail becootnfiied so that no employee is exposed to vinyl chloride at a cocccntnvtioQ In excess to vlsyi chiorsda to ognoratraAsoc# to ex cess.of 50 ppm, sed shsa.ln/nrm him of ihecofctirectforLbe3gts3feirL : . ` <dt CompUoxcr, ll) VYcenerJr'&ny monitorteg ssmete retrels -riayl ehiorido at s concerntrEttna tu yxcere vd 50 ps-m. or whaserer jeay scckfeot, aajch as rup ture of equipment or xpiOacs. indicate* the lilceXSbood oi a greater tiraa -usual reiSftse ot vinyl chloride intoiho Rrnhleht sir. sm etoclorosa etpoeed to such conoentretteQa ihtth be withdrew^ to a ssls area and ebnB nbt-ha panrtfUed to reesstre the work arta txUOss they wear rither Type C cosfitonoas Sow ra- twe*-' -= bearing of. Kobruar7 l3, 1974, with OS S' hi&its, the 'written submissions received ; befora the hearing pursuant to the notice P of the hearing, the post-hearing written submissions by the participants at the u-tj hearing, the March 1974 retort of a fact- finding surrey recommendations recesred from NI03H. and the other data referred ~`A r to herein, it 1$ found (l> that vc at con ^ f i centrations in excess of 50 ppm Is physi i-:- cally harmful and csrwcosenic; <2> that exposure to VC at oaoeatratiot in ex cess of concentretioa of 50 ppm pcera a grave danger to esaDlaytas: <3> that em ployees are presently exposed to VC at ts concentrations in excess of SO PPtn; and <4> that the emergency temporary stand ard net cut below is accessary to provide of 50 parts jgcr.mSHoa <pm> <X2TO mg/casa). (cj ifanifofittff--:(1>. InuUU numitortoy. As soon as nocstobe batcat later than April 22.1974, every fZEjpkxyor of anesapioyee working in an area or operationto which vinyl chloride is manufactured, reaeted, bac&ed. processed, rdeased, repecked. or stored stall bc^ln monitoring toe ambient sir of the area to determine whether it contains vinyl chloride in coaeesotratiocss ip eswess of 80 jurat, t2> rrtqspcy. 54onitorteg of a sofii-' dens mccSer ot eprpioyess so tiikt .a rcorarantatire cample f exposure* to vtoyl chioride may be determined shall bo accomplished cot less fTeqacefS' tbsto weekly vmtii s,U results for Ihras oonsecu* (we demised air supched respirator* or. w^f-ctmtoitied ianratfalag appetratus.' - at wotk. width may resaseaJay be swaocted to rcbwse Tteyl reitorld- in oda- setiUrs.tit>Qs in mess of SO ppm. stnch a* repair. axainteaanc& er dremtog of re- setora or other equipeoaxt eontaiptng" rtoyl chlarid*, airaU iw tccoc&pLUshca coly to employees wearing TrpeC eoaiinuom Sew or pressure demand sirsuppScd tea*' fftraton or arif-oontatacd bacosthing ap- PKShn* ' .-.. . -/ . . . .Vs - <r: - i?i in any case corered by para* graph* <dXl) or fdl<3> of tkda sretioo, to addition to jsorirdfasg toe required' respirators, the employer ahaa examto*. sad asalyxe the rocroe of tow wxoe^dre ccaxiKiSraticau gf -ritxji cfciorfaie tn orator sir is v- ^ '?H;i m hasnedtato protection to empioyera from such denser. . Pureuantto secti<to 6(c) of the Ocnapationsl Safety and Health Act of 1970, a nroccecfiny will comaeiics shortly In accordance with section 60?) of the Act, ia which the emergency temporary standard wifi serve as a proposed rede, together -srith other subsidiary rales. As scon, as possible a draft environments! impact statement wifi be filed with the Frvaident's oouacQ. on Enviroomeatal QnaUty, and copies wtil ba provided to other apprppriato f=bderai agencies for tbeir comments. `Pvrstant to sections 3(c) and 8(c) (S> tire ww^ are st or beiffw S>3 p^a. Ttase- to determine iessfidr paytoegglft* or op* sfter. tacaitsatog be conducted not erafcoasi eontrohi wpbntoriato to reduce' leas frequantiy thaq monthly jo iocaf ** the shtwme ersorentratteos to'tha pert*' toe oaDceUtratimst of vtoyl rhlcaride do missable terci, Such roettois thail be' sank exceed 5d py*a, Xf wnao&itortsg sam- &a^emaried as quitidy as poKtibus- piS rereads vinyl chloride to Coooentra- . iii Ptalodic tests shall be conducted ttons to exccsi ot s& ppm, weekly axxtt- for equipment teaks and for esaistioas' torisg sbli be resumed stnta ail natots of vinyl ettiorkte which may result from' lor three consecutive weeks are ator be- wtwt practices. .- low 50 ppta. , U) Mttfioi of momortop. Ptraonnri monitoring ebaii te eccocxpUsbcti by dqI- 3. hi CFR Part* 1SX0. J ISaoM lsl rerired to read as fofiowa: - ' : `;. V lecttog samples by smtafcte devtoes worn 1915,19 .Speck] jjnrtimu few air twt- by the employee. The sampies shah be , ' tenthiimn, 4 .. analywd by gas chromatography or by. . fa> isbrato* fiuA Sectioo 1919.95a any other method which is of equivalent shatiappiytothaexfwuroof rresyem- sensitivity. The analytical procedure ployae to asijettos dtart to every eragdoy- of the WiQiaras-Stci^ta' OccsipaUonal shah be senaitire to S pgra of vinyl chto* meut and place of employment oerrred Safety ami Health Act of mo m stot. ride hi air with on accuracy of *20 per by ! 1910,12. 11910.13, 119X0.14, J599, 1599; (29 tfJSX?- 655, Rt, and cent for a ten minute air sample. } 1910J5. or i 181046, la Ilea of any dif- r*.. ao.e7-4ra.1---4 nasm hc$te. vot i, ho. sr-riaoAr, Y/tm? BFG29564 S 00 05 Oo imt RU1.ES AND 1I0UIATI0NS temit standard oa espocaie to asbestos Teder*! mandatory cmdaaUoeaUoo pro nutria for ecneumptlon of Canadian Im -dust which would otbmriio be anpli- gram to its present lorn, the Thdetel port* ty plptltoa may he made uattt midi csb?e by virtue of say of those stct&ra*. S&snsx OfSos has now proposed changes night of 2fay 15 toBmrtng expiration of no y*syf chloride. Section 19lC.SS.-j to that program. f'ter toese reasona it ton aSoc&Uco period ha which a license thaa apply to the exposure of every ecs- has been decided to retain the historical authorizing inch toaperts frma Canada ploys to vinyl chloride to every etapter- basts Cot ntvlriox sBocattcct at CeruxCaa vastostwd. awnt sad pises of employment covered fey t 1910.12, I XSiO.13, f 1910.1*, 51810.15, or 11910.18, la Uca of any af ferent standard cm exposure to *le?l chloride which wold otherwise he ap Imports Into District* I-IV. Tb* major change is a prorisloo that requires tost a pereoci bavins an aSoeaitoa ci Canadian Imports must process the e&Ura volume of Canadian import* in his pern .acuity, Section 29 is amended in ite entirely to read as follow*: 8cr. Jfc' Condu Import*--District* I-- JV. .. ' I * plicable by virtue ot any of thoer see- Tim changes to section S3 are drirtiy fa) As need to this section, toe term i Uoaa. Sffectioe date, these amendments shall become eJfecUrs oa April 6, 18*4. tocbakal to nature with the exception ef the Xiceasiaa periods referred to shore. This amendment also amend* section 3 to provide that eniri for cohsrniptkm `"Canadim hnpcrto" mean* imports from | Canada of erode ofl srhlch haa been pro- / dntod In Canada and unfinished ofis & trhlch haws beet derived from crude ofl r (Sees, a, e, sad a, t ea*. ism. ssse, isto { ess. e. #s7>j eesttmi * loton of Canadian Imports tar pipeline under a hecare issued pursuant to these regnla- or natural aas-produced to Canada and which have hero traesportod terto the ^ order Ho. i*-n, SS SfS 875*4 Soas may be made ita mldnlsfct of ' United States fey orariand mean3 cr ore; Signed at TEwhlagtoD, DP., this 2d day of April 1074, iOTOfStsimsa, Asrirtoat Secretory oi 2labor. flf Doc.7*-7t0re *-*-V*;S! kbJ t^a 32A--NStoosI Defense, Appsnfe 3Ssy 15, loijwmg toe tad d 4be ahac&tton period la which too 1fa*o aatceririns rocb Import*Horn Canada was issued. Tfeb fifteen day overt? is neces sity to prevent disruption of pipeline operation* at the rod of each aBocattoa period. Tiiis amendment 5 becomes afflscSro on April 5,1874. waterways other than occ*n wslmwpys. tfe> Tb fee riigltie for an filtocahcm of b* hnpert* rpodsrShis section, a person most hart to DtetrScU I-V a facility capahls of preessstogCtonadlaatoporis. r. let The Bisector sbsS. to aooerdanee -,, with too tones of paragraph (dm> of t- tb*< secrion, mkc allocations for the al- y, ^ toeattori period 3fay l, 1S71 torouch -t cKAinnss x--DFncz of at ro sas, WSttw A. Yoqslt. April SO, 1975 of net to exceed Ts&jGQO r oaf%mssT of the interior Act'dy Dmrfy Astisicnt avwteo barrels dally of Canadian 1st- - - JOB Taport Hag. 1 (B*t. S), Amo. osj S0sr*t$r$ <tf the Interior, port* into Btririctel-XV, p on. s<mr ?& i--on. import fsSSUlAPCWS Approved - Warn* SL Saeow, <d)ll) The Director ehsB make al- pZ< - _ locatiroa d sablsct to licsnre fee* <d - CsmMlaa topori* to applicants ^/CshhsSbb Imports Deputy Secretary of the Trtarurg, who receivedsUocaUpcsof msh Vfw&tU s~ * There appeared to the Jfesaws. B*o* A mar paragraph (D to added to sec rsxst oq February Ji, 1874 (S3 F8-5)SJ> tion 3 to read as fdScsrc: a proposal to arncrid terccsl serttota cf tot the period J*atJAry 1,1S73 tfcivah v ^ DecK&ber 31,1873, pmsmtot to secifca r 21 or frcm tl Oil Dsbcrt Appeals Board ' ,0*1 -cm. K S oo co i BFG29565