Document yb40brb1bGmx3Q2azJdMmVGzr

URL 2 0 5 6 0 pra*o<i UNIROYAL CHEMICAL Divitlon of UNIROYAL. Inc. April 8, 1974 To: B. R. Loach C. H. Kim (4) G. E. Brumbaugh J. R. Douglas (Attached Copy Dr. Fletcher) R. E. Holman C. J. Urbanski G. M- Beatty J. D. Porter R. V. Starkey D. S. Bobeczko R. J. Dowling - EMIC - Naugatuck V. D. Harris - Oxford J. R. Little - Monochem G. A* Anderson -EMIC - Naugatuck From: W. M. Tliff Subject: Emergency Temporary Standard for Exposure to Vinyl Chloride Attached is a copy of Part 1910 - Occupational Safety and Health Standards, Emergency Temporary Standard for Exposure to Vinyl Chloride published in the Federal Register, Volume 39, Number 67 dated Friday, April 5 1974. The effective date of this standard is April 5 1974. Notice also that this standard will be in effect for no longer than six (6) months during which time the question of human exposure to VCM vapor will be given detailed scrutiny by the Department of Labor. WMIrbap Attachment CO- W. M. Iliff INTERCOMPANY CORRESPONDENCE * I l9 s o ? ia n 12312 * RULES AND REGULATIONS Title 29--Labor CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANOAROS Emergency Temporary Standard for Exposure to Vinyl Chloride 1. Background. Vinyl chloride (chlorocthcne), Chemical Abstracts Service Registry No. TSOIS. Is a synthetic chemi cal made by oxychlorlnatton 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 cas at am bient temperature and pressure and is a chlorinated hydrocarbon which has mod erate liver toxicity. The present standard aets 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 Safetv 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 TOSH and a joint Inspection of the .ant 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 et 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 di Oncologia. Eolcgna. Italy, re ported on a series of experiments on the effect of exposure of rats. mice, and hamsters to VC at concentrations of 10.000; 6,000: 2.500: SOO: 250: and 50 ppm for varying periods of time tTR 43-G3). Borne of the cxpciimcnis have been con' eluded, 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 or the liver, decrease ns the ccnccntintions of VC are reduced to 250 ppm. Finally, another experiment by Professor Mal- ml is underway involving the exposure of 300 animals to VC at concentrations of SO ppra. In order to assess In a more definitive way whether that level of ex posure produces tumors in animals. Data reported by Torkelson. O.ven and Rowe (American Industrial Hygiene Associa tion J 22:354-301 <19Gl>) indicate that exposure to VC at concentrations of 50 ppm failed to induce tumors m: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 elated March li. 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 Maltord'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 demonstra! ins that VC is carcino genic in animals a: 250 ppm. wc conclude that VC must be considered carcino genic in man at the same level: Co) 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 cn'ects: (c> The question whether safe levels of exposure to carcinogens exist for hu mans and. if so. v.hat 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. Torkclsou. 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. id) 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 te) Tills standard will be in effect for a period of no lonser 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 this time <TR 47. 19.71-75'. 2. Petitions for cv. emergency fcwipo- 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 OH. 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. Wc 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 promul&ale 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 G <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 30. 1974. There is. however, reason to believe that employees arc currently being ex posed to VC at concentrations well above 50 ppm. This was asserted several tirr.es at the hearing, ar.d 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 attrt polyvinyl chloride revealed concentra tions for some job classifications ns h.rh as 229 ppm. Therefore, a regulation is cor.Mdcvcd neoo'j.try to p-icvicie. immedi ately, adequate protection to workers ox- FCOCRAl KFGtSTIR, VOL 34, NO. 47--fKIOAY, AFK1L 1974 \ t URL 2 0 5 8 2 RULES AND REGULATIONS 123-23 posed to VC. Also, the eight-hour. time- Secretary of Labor's Order No. 12-71 (36 (4) Employee observation of monitor weighted average standard suggested by Pit 8754). 29 CFR Part 1910 is amended ing. Employees working in an area or several participants at the hearing (see. by adding thereto a new $ 1010.93q to operation whose ambient air Is moni tor instance. TR 178). has been rejected. read as set forth below. In addition, pur tored, or their representatives, shall be The March 1974 report of the survey re suant to section 4<b> (2) of the Act <84 given a reasonable opportunity to observe vealed that several kinds ot work or op Stat. 1592: (29 U.S.C. G53>>, the stand the personnel monitoring required by erations arc of short duration. Loading ard in the new 5 iD10.D3q is determined this section. or unloading of a tank car may require to be more effective than the corre (5> Jiccordkecping. The results of all approximately 15 minutes. The cleaning sponding standards now in Subpart B of monitoring shall be recorded in writing. of a reactor may require approximately Part 1910. in Parts 1915. 1916. 1917.1018. The records shall be retained for at least hall an hour. An eight-hour, time- and 1936 of title 29. Code of Federal Reg 5 years and shall bo made available for weighted average standard would permit ulations. and in Part 50-204 of Title 41 of inspection and copying by representa exposure to VC at concentrations of 400 the Code ol Federal Regulations. There tives of the Assistant Secretary of Labor ppm for one hour. Such upward excur fore. these corresponding standards arc for Occupational Safety and Health sions, several times the 50 ppm level, can superseded by the new standard in and tiie Director ot the National Insti not be permitted to occur. ! 1910.93Q. tute for Occupational Safely and Health 4. The standard. The standard set out 1. In 29 CFR Part 1910, 1910.93 Is (NIOSH). below contains only the requirements amended by deleting from Table 0-1 the <6> Employee access. Each employee deemed necessary to provide protection line: " C Vinyl chloride 500 and former employee shall have access to before the conclusion of the rulemaking 1300". such records of the results of monitoring proceeding to be commenced shortly. 2. Part 1910 of Title 29 of the Code required by this section as will indicate Because exposure to VC is hazardous, of Federal Regulations is amended by his own exposure to airborne concentra and because such exposure can occur in adding thereto a new } 1910.93q to read tions of vinyl chloride. the processes of synthesizing or polym as follows: (7) Employee Jiotification. Each em erizing of VC or in the handling of VC | 1910.93f| Vinyl chloride. polymers or copolymers which contain ployer shall promptly notify any em' ployee who has been or is being exposed absorbed VC. this standard applies to all (a> Scope and application. <l) This to vinyl chloride in concentrations in ex such processes and to the handling, re section applies to any area or operation cess of 50 ppm. and shall inform him of acting, manufacturing, processing, re it: which vinyl chloride (chlorocthcne >. the corrective action being taken. leasing. repackaging, or storage of any of Chemical Abstracts Service Registry <d> Compliance. <1> Whenever any these materials. The monitoring require Number 75015, is manufactured, reacted, monitoring sample reveals vinyl chloride ments serve two purposes, to trigger into handled, processed, released, repacked, at a concentration in excess of 50 ppm. operation a compliance program and to or stored. or whenever any accident, such as rap check the effectiveness of the program. <2> This section does not apply to the ture of equipment or spillage, indicates Also, engineering controls are favored for handling, storage, or other use of vinyl the likelihood of e greater than usual compliance, and respirators are intended chloride polymers and copolymers in the release of vinyl chloride into the ambient to provide protection until such controls form of fabricated products. air. all employees exposed to such con can be installed or in cases where such (b) Permissible exposure. The occupa centrations shall be withdrawn to a safe controls are not feasible. Accordingly, by reason of the foregoing tional environment shall be controlled so that no employee is exposed to vinyl area and shall not be permitted to re enter the work area unless they wear and on the basis of the record of the hearing of February 15. 1974. with ex hibits. the written submissions received before the heaving pursuant to the notice of the hearing, the post-hearing written chloride at a concentration In excess of 50 parts per million (ppm) (127.0 mg/eum>, (c) AToniforinp-- (1) Initial monitor ing. As soon as possible but notjater than 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 vinvl chloride in con submissions by the participants at the April 22.1974. every employer of an em centrations in excess of 50 opm. such as hearing, the March 1574 report of a factfinding survey recommendations received ployee working in an area or operation in which vinyl chloride is manufactured, re repair, maintenance or cleaning of re actors or other equipment containing from NIOSH. ar.d 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 SO ppm is physi the ambient air of the area to determine flow or pressure demand air supplied res cally harmful and carcinogenic: (3> that whether it contains vinyl chloride in con pirators or self-contained breathing ap exposure to VC at concentrations in ex centrations in excess of 50 ppm. paratus. cess ol a concentration of 50 ppm poses a (2) Frequency. Monitoring of a suffi <3t la any case covered by para grare danger to employees: <3* that em cient number of employees so that a graphs (d> U> or <d) i2> of this section, ployees ore presently exposed to VC at representative sample of exposures to in addition to providing the required concentrations in excess of 50 ppm: and vinyl chloride may be determined shall (4) that the emergency temporary stand be accomplished not less frequently than ard set out below is necessary to provide weekly until all results for three consecu immediate protection to employees from tive weeks are at or below 50 ppm. There 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 4(b) of the Act. In which the emergency temporary standard will serve as a proposed rule, together with other subsidiary rules. As oon as possible a draft environmental impact statement will be hied with the President's Council on Environmental Quality, and copies will be provided to other appropriate Federal agencies.for their comments. after. monitoring shall be conducted not less frequently than monthly so lot:? as the concentrations of vinyl chloride do not exceed 50 ppm. If a monitoring sam ple reveals vinyl chloride in concentra tions la excess of 50 ppm. weekiv moni toring shall be resumed until all results * for three consecutive weeks are at or be low 50 ppm. <3> 3/cf/iod 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 chromatograph-.- or by nny other method which is of c.-uiv.ilcm Pursuant to sections C(c> and 8<c> (3) sensitivity. The analytical procedure Of the WiUktms-Stcieer Occupational shall be senrilivc to 5 py.n of vinyl chlo 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. t4> 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. | 1910.19 is revised to read as follows: 1010.19 Special prut l.iniiniit>< for air con* (a> Asbestos dust, section 1910.93a sliall apply lo the exposure ot every em ployee to asbestos di:.t in every employ ment and place of employment covered Safety and Health Act of 197*) <54 St.iL ride in air with an accuracy of - 20 per by i 1910.12, 11910.13, 11910.14. 1390, 1599: <79 U.S.C. 435. 457)), and cent for a ten minute Air sample. 11910.15, or f 1910.16, in lieu of nny dif- Ko. 67--1*1.1 FEDsftAt tEGIite*. VOL 39. NO. 67--FXIPAr, APill S, )974 12UI - RULES AND REGULATIONS fercnt standard on exposure lo asbestos dust which would otherwise be appli cable by virtue of any of those sections. (b) Vinyl chloride. Section 1910.93q shall apply lo the exposure of every em ployee to vinyl chloride in every employ ment and place of employment covered by 11910.12. | 1910.13. S 1910.14. 11910.15. or S 1910.10, in lieu of any dif ferent standard on exposure to vinyl chloride which would otherwise be ap plicable by virtue of any of those sec tions. Effective date. These amendments shall become effective on April 5. 1974. (Sect. 4. 6. and 8, 4 Slat. 1592. 1596.1599 (29 U.S.C. 653. 655. 657): Secretory of Labor's Order No. 12-71,30 FR 8764.) , Signed at Washington, DC., this 2d day of April 1974. John Stinder. Assistant Secretory of Labor. |FR Doc.74-7590 Filed 4-4-74:8:43 am] - Title 32A--National Defense. Appendix CHAPTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR |OU Import Peg. 1 (Rev. 5), Arndt. 85] ' OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian imports There appeared in the Federal Reoxstcr on February 11. 1974 (39 FR 5193) 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 Telated 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 lor the entire allocation period May 1. 1974 through April 30.1975. licenses will only be Issued initially lor 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 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 tinder 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 Imports Into Districts I-TV, 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 end of each allocation period. This amendment 65 becomes effective on April 5,1974. William A. Vogely, Acting Deputy Assistant Secretary of 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. Allocation periods. ` (f) Notwithstanding the previsions of paragraphs (a) and (c) of this section Sum of each eligible applicant's allocation of Canadian-imports in 1073 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 23 and section 21>expresscd in barrels 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 tills paragraph. Such licenses shall expire on April 30,1975. <e) (1) Except as provided for in sub 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>ti) Canadian Imports may be ex changed on a barrel for barrel basis for other Canadian imi'orls but each person receiving crude oil or unfinished oils in the exchange must process the crude oil entries for consumption of Canadian im ports by pipeline may be made until mid night of May 25 following expiration of the allocation period in which a license authorizing such imports from Canada was issued. Section 29 is amended In its entirety to read as follows: See. 29. Canadian Import*--Districts 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 an allocation of imports under this section, a person must have In Districts I-IV a facility capable of processing Canadian imports. <c) The Director shall, in accordance with the terms of paragraph <d; (l) of this section, make allocations for the al location period May 1, 1974 through April 30, 1975 of not to exceed 7C2.000 average bArrcls daily of Canadian im ports into Districts I-IV. (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 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 tion ef Canadian imports calculated in accordance with the following formula: X 762.000 toarTeh/day or unfinished oil received in his own facilities. Settlements, credits, monetary, or accounting adjustments reflecting the relative values of the oils involved in the exchange are permissible. (ii) Canadian Imports which are sold to meet the requirements of regulations published by the Federal Energy Office shall not be subject to the provisions of paragraph (c) of tills section. (f) If a person who receives an alloca tion of Canadian imports under this sec tion fails to import the total quantity of imports specified in the allocation, or if he fails 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 fails to meet the requirement of paragraph (e> of this section, then any allocation of Canadian imports for Districts I-IV to which such person may otherwise be entitled lor the first allocation period beginning after April 30,1975 shall be reduced by the Dl- rector by the amount of Canadian im- URL 2 0 5 8 3 fEDEKAt REGISTER. VOL. 39, NO. *7--FRIDAY, APRIL S, 1974