Document zRoLNzwaNq3azVqZJoL3Zrna

1^12 KULES AND REGULATIONS t-- Title 29--Libor 50 ppm. In order to asms* in a more CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS definitive way Whether that level ol ex posure produces tumors In animals. Data reported by Torkelaon, Oyen and Howe (American Industrial Hygiene Associa tion J 22:354-361 (1961)) Indicate that exposure to VC at concentrations of 50 Emergency Temporary Maadard lor ppm failed to Induce tumors In rats, Exposure to Vinyl Chtqrldi hamsters, rabbits, and dogs. 1. Background. Vinyl chloride (chloro- ethene), Chemical Abstract* Service Rgflstry No. 75015. Is a synthetic chemi cal made by oxychlorination of ethylene or by hydrochlorination at 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 1s In excess of seven billion pounds per year. vinyl chloride (VC) is a gas at am bient temperature and pressure and Is a ^hlc.-inated 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 i .NTOSH) that the B. P. Goodrich Chem ical Company reported that deatha 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 3374), and held on February 15,1974. The employees of the B. F. Goodrich Chemical Company who died from an giosarcoma of the liver had an average exposure of approximately 19 yean 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 Maitool's experimental ani mals. It is concluded therefore, that vinyl chloride la carcinogenic for hu mane. We therefore conclude that the present standard for VC should be lowered from a celling of 500 ppm to a ceiling of 90 ppm for the following reasons: (a> In light of the evidence referred to above Including the Maltonl experi ments demonstrating that VC Is carcino genic In awirwai* 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 animal* at an exposure concentration of 50 ppm. these data do not support the concept that occupational exposure of employees to concentrations of SO ppm throughout their working lifetime would be without detrimental health effects; 2. Carcinogenicity of VC. Information produced at the hearing demonstrated (c) The question whether safe levels of exposure to carcinogens exist for hu that exposure of laboratory 'mostly Sprague-Dawley rats) to VC by innalatlon at and below the current OSHA standard of 500 ppm Induced .tumors, including angiosarcomas of the mans and. if so. what such levels would be, Is the subject of continuing scientific deliberation. In the ease of VC, Profes sor Maltonl did not observe tumors in his animal* at exposure concentrations liver. Professor Cesare Maltonl, of the Institute dl Oncologla, Bologna, Italy, re potted on a series of experiments on the effect of exposure of rats, mice, and hamsters to VC at i inn igMli I hull ot 10.* of 50 ppm. In addition. Torkelaon, 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 000; 6,000; 2,500; 500; JM? and BO nan ficient evidence at this time to conclude lor varying periods of NH <TA 43-03). Seme of the experiment^ have been con that VC at concentrations of 50 ppm or below poses a grave danger to humans. cluded, and others are >UB ongoing. The experimental results so fir reported are (d) The emergency temporary stand ard adopted represents a substantial re that tumors have been observed Ut duction in the permissible level of expo groups of animals exposed to VC at con sure and. in our practical judgment, is centrations as low as 250 ppm. No tumors the lowest level that can be complied have been observed in the group of ani with immediately; and mals exposed to VC at a concentration (e) This standard will be In effect for of SO ppm. It also appears so far that the total number of tumors, as well as a period of no longer than six months, during which time the whole question of the numbers of angiosarcomas of the possible sale exposure of humans to VC liver, decrease as the concentrations of will be reconsidered more fully and in VC are reduced to T50 ppm. Finally, the light of more information. Including another experiment by Professor Mal experiments which are under way at this tonl is underway involving the exposure time (TR 47.49, 71-74). of 300 animals to VC at concentrations of 3. Petition* for on 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 OU. 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. ISO). The petitions for an emergency tem porary standard specified In detail the content! 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 37. 1973. The recommendations are fixranging. 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) end (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, 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 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. *X--FRIDAY, APRIL 5, 1974 OLI 5989 i*> RUIES AND REGULATIONS Sm posed to VC. Also, the eight-hour, time* weighted avenge standard retreated by Secretary of Labor's Order Ho. 13-71 (36 FR 8754), 29 CTR Part 1910 U amended (4) Employee observation o/ monitor ing. Employees werking in an area or at i- sever*! participants at the hearing (Me. {or instance. TR178), has been rejected. by adding thereto a new 119l0.93q to read as set forth below, in addition, pur operation whose ambient air is moni tored. or their representatives, shall be tl sr 5. it. The March 1974 report of the Surrey re vealed that several binds at work or op erations are of short duration Loading or unloading of a tank car may require suant to section 4<b> t3> of the Act (84 Stat. 1592; (29 VS.C. 653>>. the stand ard In the new 11910.93Q is determined to be more e(Tectire than the corre given a reasonable opportunity to observe the personnel monitoring required by this section. ---* (5) Recordkeeping, The results of all approximately 15 minute*. The cleaning of a reactor may require approximately half an hour. An eight-hour, timevretgftted average standard would permit sponding standards now in Subpart B of Part 1910. in Parts 1915, 1916. 1917.1918. and 1926 of title 29. Code of Federal Reg ulations, and In Part 50-204 of Title 41 of 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 exposure to VC at concentrations of 400 the Code of Federal Regulations. There tives of the Assistant Secretary of Labor ppm for one hour. Such upward excur fore.' these corresponding standards are for Occupational Safety and Health sions. several times the 50 ppm level, can not be permitted to occur. superseded by the new standard in 11910.93q. ,. and the Director of the National Insti tute for Occupational Safety and Health 4. The standard. The standard set out 1. In 29 CPU Part 1910. 11910.93 Is (NZOSB). below contains only the requirements amended by deleting from Table 0-1 the (8) Employee access. Each employee deemed necessary to provide protection before the conclusion of the rulemaking line: "* C Vinyl chloride 500 * 1300". and former employee shall have access to such records of the results of monitoring proceeding to be commenced shortly. Because exposure to VC is hazardous, 2. Part 1910 of Title 29 of the Code of Federal Regulations Is amended by required by this section as will indicate his own exposure to airborne concentra- and because such exposure can occur in the processes of synthesising 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 adding thereto a new 11910.93q to read as follows: 8 1910.9Jq Vinyl chloride. (a) Scope and application, a) section applies to any area or oi -TllIJI ClUunde. ' (JJ. Employee notification. Each en layer shaS promptly notify any en- layee who has been or is being exposed % vtnyl chloride to concentrations to ex cess of 50 ppm, and shafMnform hhn of acting. manufacturing, processing, re leasing, repackaging, or storage of any of these materials. The monitoring require in which vinyl chloride (chloroetheneA the --wrtive action bates taken. Chemical Abstracts Service Registry' J8> Compliance (1) Wha Number 75015, Is manufactured, reacted, monllOrtnB limpTe reveals vinyl chloride ments serve two purposes, to trigger into operation a compliance program and to handled, processed, released, repacked, , at a concentration in excess of 50 ppm, or stored. or whenever any accident, such as rup check the eCectivenesa of the program. Also, engineering controls are favored for (2) This section does not apply to the handling, storage, or other use of vinyl ture of equipment or spillage, indicates the likelihood of a 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 can be installed or m cases where such controls are not feasible. Accordingly, by reason of the foregoing form of fabricated products. (b) Permissible exposure. The occupa tional environment shall be controlled so that do employee Is exposed to vinyl 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 and on the basis of the record of the chloride at a concentration In excess either Type C continuous flow or pres hearing of February 15, 1S74, with ex hibits, the written submissions received of 50 parte per million (ppm) mg/cum). (127.0 sure demand air supplied respirators or self-contained breathing apparatus. before the hearing pursuant to the notice (c) Monitoring--(1) Initial monitor (2) Work which may reasonably be of the hearing, the post-hearing written ing. As soon as possible but not later than expected to release vinyl chloride in con submissions by the participants at the April 22, 1974. every employer of an em centrations in excess of 50 ppm. such as hearing, the March 1974 report of a fact ployee working In an area or operation in repair, maintenance or cleaning of re finding survey recommendations received which vinyl chloride is manufactured, re actors or other equipment containing from NIOSh, and the other data refereed acted. handled, processed.'released, re vinyl chloride, shall be accomplished only to herein, it is found (l> 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 whether It contains vinyl chloride in con pirators or self-contained breathing ap exposure to VC at concentrations in ex centrations m excess of 50 ppm. paratus. cess of a concentration of 50 ppm poses a (2) Frequency. Monitoring qL.* suffi (3) In any case covered by para grave danger to employees; (3) that em cient number of empioyee*W"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 of 50 ppm; and vinyl chloride may be determined shall respirators, the employer shall examine (4) that the emergency temporary stand be accomplished not leas frequently than and analyze the source of the excessive ard set out below is necessary to provide weekly until all results for three consecu concentrations of vinyl chionde in oraer immediate protection to employees from tive weeks are at or below 50 ppm. There to determine feasible engineering or op such danger. o. after. monitoring shall be conducted not erational controls appropriate to reduce Pursuant to sectiomm) at the Occu pational Safety and Health Act of 1870, a proceeding will eommeneA shortly In accordance with section ((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 6(c) and 1(c) (3) of the WilUanxs-Stelger Occupational lem frequently than monthly so long as the concentrations of vinyl chloride do not exceed 50 ppm. It a monitoring sam ple reveals vinyl chloride In concentra tions In excess of 50 ppm, weekly moni toring shall be resumed until aU 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 vssyi chlo the airborne concentrations to the permiasable 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 wort practices. 3. In 29 CFR Part 1910, J 1910.19 is revised to read as follows: 8 1910.19 Special provision* 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 Safety and Health Act of 1970 <84 StaL ride In air with an accuracy of *20 per by | 1910.12. { 1910.13, ! 1910.14, 1588. 1589; (28 UB.C. 655. 657)). and cent for a ten minute air sample. 11910.1$, or i 1910.16, to lieu of any dif- No. S7--pt. i- KDEtAl tEOISTEI, VOL 3V. NO. 47--FtfOAr, Aftll S, IV74 OLI 5990 12114 RULES AND REGULATIONS ferent standard on exposure to asbestos dust which would otherwise be applicable by virtue of any of thoae sections. <b) Vinyl chlorite. Section I910.93q shall apply to the exposure of every em ployee to vinyl chloride In every employ ment end place of employment covered by I 1910.12. I 1910.13. | 1910.14, S 1910.15. or i 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 thoae sec tions. Effective date. These amendments shall become effective on April 5, 1974. (Secs 4, 6, and I. S4 8tt. ISM, ISM, IBM (39 CSC. 653. 655, 667); Secretary of labors Order No-13-71.36 TR S7S4.) Signed at Washington, DC., this 2d day of April 1974. John Smnixa. Assistant Secretary of Labor. [PR Doc.74-7890 Piled 4-4-74:9:46 am) This 32A--National Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR [Oil Import Reg. 1 (Rev. S), Arndt. 65) OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared In the FXseiial Rtoister on February 11. 1974 139 FR 5193) a proposal to amend several sections of Oil Import Regulation 1 (Revision 5), as amended. Amendment 64 to Oil Import Regulation 1 (Revision 5) made the changes related to the proposed rulemak ing for all sections except for sections 29 and 33, both of which pertain to Ca nadian imports. Publication of amend ment of sections 29 and 33 was deferred until discuss.ons 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 M-y 1, 1974 through April 30, 1975 al location period and the licenses will only be val.d for a six month period unless extended by the Director. This procedure will provide for needed flexibility should tne 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 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 basts for making allocations of Canadian Imports Into Districts 1-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 la neces sary to prevent disruption of pipeline operations at the end of allocation period. This amendment 65 becomes effective on April 5,1974. William A. Vogilt, 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: Sec. 3. Allocation periods. (f) Notwithstanding the provisions of paragraphs (a) and <c) of this section Sum of oach eligible Applicant'* enooaUon of Canadian import* in 1973 pursuant to Mo tion 33 and etetion 31-eipieeeed In barrels per day Sum ol all allocations of imports In 1973 pursuant to section 93 and section 21-*xpr***d tn barrels per day (2) The Director shall Issue before May l, 1974 to each eligible applicant a license equal to one hall of the allocation calculated pursuant to subparagraph (1) of this paragraph. Such licenses shall ex pire on October 31, 1974 unless extended by the Director. The Director shall Issue before November 1.1974 a second license to each eligible applicant equal to the remainder of the allocation calculated pursuant to subparagraph (1) of this paragraph. Such licenses shall expire on April 30,1975. (e) (1) Except as provided for in subparagraph (2) of this paragraph a per son who imports Canadian imports must process all such Imports In his own facil ity. For the purpose of this paragraph, blending by mechanical means does not constitute processing. (2) (1) Canadian Imports may be ex changed on a barrel for barrel basis for other Canadian Imports but each person receiving crude oil or unfinished oils In the exchange must process the crude oQ entries for consumption of Canadian Im ports by pipeline may be made until mid night of May IS 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. Canadies Imports District* IIV. (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 waterwaya <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)(1) of this section, make allocations for the al location period May 1, 1974 through April 30. 1975 of not to exceed 762.000 average barrels dally of Canadian Im posts 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 OU Import Appeals Board under section 21. or from both. Each such applicant shall be entitled to an alloca tion of Canadian Imports calculated in accordance with the following formula: X 763,000 banels/dsy or unfinished oil received tn his own faculties. Settlements, credits, monetary, or accounting adjustments reflecting the relative values of the oils involved in the exchange are permissible. (11) 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 (e> of this section. (f) If a person who receives an alloca tion of Canadian imports under this sec tion falls to Import the total quantity of imports specified In the allocation, or If be 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 for the first allocation period beginning after April 30.1975 shall be reduced by the Di rector by the amount of Canadian bn- KDEXAL tfOISTTR, V L 34, NO. 47--FRIDAY, AMIL 5, 1974 OLI 5991