Document zoEbOYaM2dajka7OqNLyZ1oV3

VL- oT : Z . O 12342 RULES AND REGULATIONS Title 29--Labor 50 ppm, in order to assess in a more rary standard. In- a telegram to the As CHAPTER XVH--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DE PARTMENT OF LABOR PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS definitive way whether that level of ex posure produces tumors in animals. Data reported by Torkelson, Oyen and Rowe (American Industrial Hygiene Associa tion J 22:354-361 (1961)) Indicate that exposure to VC at concentrations of 50 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, Emergency Temporary Standard for ppm failed to Induce tumors in rats, 1974, the Industrial Union Department, Exposure to Vinyl Chloride hamsters, rabbits, and dogs. AFL-CIO, and the United Rubber Work 1. Background. Vinyl chloride (chloroethene), Chemical Abstracts Service Registry No, 75015, Is a synthetic chemi cal made by oxychlorination of ethylene or by hydrochlorination of acetylene. It is the parent compound of a series of thermoplastic resin polymers and co polymers which are widely used for con tainers, wrapping tissues, electrical in sulation, pipe, conduit and a variety of other products. Vinyl chloride has been made commercially in this country since 1939 and present production Is in excess of seven billion pounds per year. Vinyl chloride (VC) Is a gas at am bient temperature and pressure and Is a chlorinated hydrocarbon which has mod erate liver toxicity. The present standard sets a celling value of 500 parts per million (ppm) (29 CFR 1910.93). On January 22,1974, the Occupational Safety and Health Administration was informed by the National Institute for Occupational Safety and Health (NIOSH) that the B. 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 FR 3874), 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 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 Maltonl experi ments demonstrating that VC is carcino genic In animals at 250 ppm, we conclude that VC must be considered carcino genic in man at the same level; (b) Although Professor Maltonl did not induce tumors in his experimental animals at an exposure concentration of 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; 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 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 celling 2. Carcinogenicity of VC. Information (c) The question whether safe levels value of 50 ppm have already been produced at the hearing demonstrated of exposure to carcinogens exist for hu stated. A decision on other possible, ap that exposure of laboratory animals mans and, if so, what such levels would propriate provisions Is best made after- (mostly Sprague-Dawley rats) to VC by be. Is the subject of continuing scientific consideration of all relevant data and Inhalation at and below the current OSHA standard of 500 ppm induced deliberation. In the case of VC, Profes sor Maltonl did not observe tumors in views that Interested persons may sub mit during the proceeding soon to be tumors, Including angiosarcomas of the his animals at exposure concentrations Initiated. liver. Professor Cesare Maltonl, of the Institute dl Oncologia, Bologna, Italy, re ported on a series of experiments on the effect of exposure of rats, mice, and 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, 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 hamsters to VC at concentrations of 10,- and dogs. Accordingly, there is insuf hearing for the protection of their em 000; 6,000; 2,500 ; 500; 250; and 50 ppm ficient evidence at this time to conclude ployees are recognized. It may also be for varying periods of time (TR 43-63). that VC at concentrations of 50 ppm or that some employers In some plants have Some of the experiments have been con below poses a grave danger to humans. fully complied with 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 NIOSH on January 30, 1974. There is, however, reason to believe^ that tumors have been observed m duction in the permissible level of expo that employees are currently being ex groups of animals exposed to VC at con sure and. In our practical judgment. Is posed to VC at concentrations well above centrations as low as 250 ppm. No tumors the lowest level that can be complied 50 ppm. This was asserted several times have been observed In the group of ani mals exposed to VC at a concentration with immediately; and (e) This standard will be In effect for at the hearing, and not seriously ques 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 of the Office the total number of tumors, as well as during which time the whole question of of Standards Development, OSHA, of the numbers of angiosarcomas of the possible safe exposure of humans to VC several facilities manufacturing VC and liver, decrease as the concentrations of will be reconsidered more fully and In polyvinyl chloride revealed concentra VC are reduced to 250 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 229 ppm. Therefore, a regulation Is tonl is underway involving the exposure time (TR 47. 49, 71-74). considered necessary to provide. Immedi of 300 animals to VC at concentrations of 3. Petitions tor an emergency tempo ately, adequate protection to workers ex- FEDERAL REGISTER, VOL 39, NO. 67--FRIDAY, APRIL 5, 1474 CUSAROSS 02724 RULES AND REGULATIONS 12343 ie J)0sed to VC. Also, the eight-hour, tlme- Secretary of Labor's Order No. 12-71 (36 (4) Employee observation of monitor ed elghted average standard suggested by FB 8754), 29 CFR Part 1910 is amended ing. Employees working in an area or sldi ..feral participants at the hearing (see, by adding thereto a new S 1910.93q to operation whose ambient air is moni erna- for Instance. TR 178), has been rejected. read as set forth below. In addition, pur tored, or their representatives, shall be nt of The March 1974 report of the survey re suant to section 4(b) (2) of the Act (34 given a reasonable opportunity to observe i for veled that several kinds of work or op Stat. 1592; (29 tfJS.C. 653)), the stand the personnel monitoring required by 7 15, erations are of short duration. Loading ard in the new 1910.93q is determined this section. nent, or unloading of a tank car may require to be more effective than the corre (5) Recordkeeping. The results of all ork- approximately 15 minutes. The cleaning sponding standards now in Subpart B of monitoring shall be recorded in writing. ioint of ft reactor may require approximately Part 1910, in Parts 1915, 1916, 1917, 1918, The records shall be retained for at least vary half an hour. An eight-hour, tlme- and 1926 of title 29, Code of Federal Reg 5 years and shall be made available for hlch j ^righted average standard would permit ulations, and in Part 50-204 of Title 41 of inspection and copying by representa 811(1 exposure to VC at concentrations of 400 the Code of Federal Regulations. There tives of the Assistant Secretary of Labor 31011 ! ppm for one hour. Such upward excur fore, these corresponding standards are for Occupational Safety and Health era! sions, several times the 50 ppm level, can superseded by the new standard in and the Director of the National Insti d. a not be permitted to occur. S 1910.93q. tute for Occupational Safety and Health the I The standard. The standard set out 1. In 29 CFR Part 1910, 5 1910.93 is (NIOSH). ,op. below contains only the requirements amended by deleting from Table G-l the (6) Employee access. Each employee 112 defined necessary to provide protection line;........... .... Vinyl chloride * 500 and former employee shall have access to before the conclusion of the rulemaking * 1300". such records of the results of monitoring ra proceeding to be commenced shortly. 2. Part 1910 of Htle 29 of the Code required by this section as will indicate the Because exposure to VC Is hazardous, of Federal Regulations is amended by his own exposure to airborne concentra In and because such exposure can occur in adding thereto a new 1910.93q to read tions of vinyl chloride. m- the processes of synthesizing or polym as follows: (7) Employee 'notification. Each em rd he r- erizing of VC or in the handling of VC polymers or copolymers which contain absorbed VC, this standard applies to all 1910.93q Vinyl chloride. (a) Scope and application. (1) This ployer shall promptly notify any em ployee who has been or is being exposed to vinyl chloride in concentrations in ex c'7, such processes and to the handling, re acting, manufacturing, processing, re section applies to any area or operation in which vinyl chloride (chloroethene). cess of 50 ppm, and shall inform him of the corrective action being taken. rOf leasing, repackaging, or storage of any of these materials. The monitoring require ments serve two purposes, to trigger into Chemical Abstracts Service Registry Number 75015, is manufactured, reacted, handled, processed, released, repacked, (d) Compliance. (1) Whenever any monitoring sample reveals vinyl chloride at a concentration in excess of 50 ppm, operation a compliance program and to check the effectiveness of the program. or stored. (2) This section does not apply to the or whenever any accident, such as rup ture of equipment or spillage, indicates Also, engineering controls are favored for handling, storage, or other use of vinyl the likelihood of a greater than usual UcJoUmlfcpliance, and respirators are intended i Atopptrovide protection until such controls ^aolbe installed or in cases where such " ^Rontitirols are not feasible. Accordingly, by reason of the foregoing and on the basis of the record of the 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 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 hearing of February 15, 1974, with ex of 50 parts per million (ppm) (127.0 sure demand air supplied respirators, or hibits, the written submissions received mg/cum), 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 submissions by the participants at the ing. As soon as possible but not later than April 22, 1974, every employer of an em expected to release vinyl chloride in con 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 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 whether it contains vinyl chloride in con pirators or self-contained breathing ap exposure to VC at concentrations in ex cess of a concentration of 50 ppm poses a centrations in excess of 50 ppm. (2) Frequency. Monitoring of a suffi paratus. (3) m 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 of 50 ppm; and vinyl chloride may be determined shall respirators, the employer shall examine (4) that the emergency temporary stand be accomplished not less 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 chloride in 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, 111 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 Ifieir comments. " Pursuant to sections 6(c) and 8(c) (3) 01 the WUliams-Stelger Occupational 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 rt20 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, 5 1910.19 is revised to read as follows; 1910.19 Special provisions for air con- tamitumts. (a) Asbestos dust. Section 'l910.93a shall apply to the exposure of every em ployee to asbestos dust In every employ ment and place of employment covered by 5 1910.12, 1910.13, 1910.14, Safety and Health Act of 1970 (84 Stat. cent for a ten minute air sample. 1910.15, or 1910.16, in lieu of any dif- 159c. 1599; (29 TLS.C. 655, 657)), and No. 67--Pt. I----- 1 FEDERAL REGISTER, VOL. 39, NO. 67--FRIDAY, APRIL 5, 1974 CUSAROSS 02725 12344 RULES AND REGULATIONS ferent standard on exposure to asbestos dust which would otherwise be appli cable by virtue of any of those sections. (b) Vinyl chloride. Section 1910.93q shall apply to the exposure of every em ployee to vinyl chloride in every employ ment and place of employment covered by $ 1910.12, I 1910.13, 5 1910.14, S 1910.15, or 11910,16, in lieu of any dif ferent standard on exposure to vinyl chloride which would otherwise be ap plicable by virtue of any of those sec tions. Effective date. These amendments shall become effective on April 5, 1974. (Secs. 4, 6, and 8, 84 Stat. 1592, 1596, 1699 (29 U.S.C. 663, 655, 657); Secretary ol Labor's Order No. 13-71,36 FR 8764.) Signed at Washington, DC., this 2d day of April 1974. John Stender, Assistant Secretary of Labor. [FRDOC.74-7890 Filed 4r-t-74;8:4S am] Title 32A--National Defense, Appendix CHAPTER X--OFFICE OF OIL AND GAS, DEPARTMENT OF THE INTERIOR - (Oil Import Reg. 1 (Rev. 6), Arndt. 65] 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-IV. The major change is a provision that requires that a person having an allocation of Canadian imports must process the entire volume of Canadian imports in his own facility. The changes to section 33 are strictly technical in nature with the exception of the licensing periods referred to above. This amendment also amends section 3 to provide that entries for consumption of Canadian imports by pipeline under a license Issued pursuant to these regula tions may be made until midnight of May 15, following the end of the allo cation period in which the license au thorizing such imports from Canada was issued. This fifteen day overlap Is neces sary to prevent disruption of pipeline operations at the end of each allocation period. This amendment 65 becomes effective on April 5,1974. William A, Vogely, Acting Deputy Assistant Secretary of the Interior. entries for consumption of Canadian 1; ports by pipeline may be made until mi night of May 15 following expiration the allocation period in which a licer authorizing such imports from Cana, was issued. Section 29 is amended In its entire to read as follows: Sec. 29. Canadian Imports--Districts 1 IV* (a) As used in this section, the ten "Canadian imports" means imports froi Canada of crude oil which has been pre duced in Canada and unfinished oil which have been derived from crude o. or patural gas produced in Canada am which have been transported into th United States by overland means or ove: waterways other than ocean waterways (b) To be eligible for an allocation oi 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 T, 1974 through April 30, 1975 of not to exceed 762,000 average barrels daily of Canadian im ports into Districts I-IV. OIL IMPORT REG. 1--OIL IMPORT REGULATIONS Canadian Imports There appeared in the Federal Reg ister on February 11, 1974 (39 FR 5193) a proposal to amend several sections of Oil Import Regulation 1 (Revision 5), as amended. Amendment 64 to Oil Import Regulation 1 (Revision 5) made the changes related to the proposed rulemak ing for all sections except for sections 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 (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 of Canadian Imports calculated in accordance with the following formula; 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 Sum of eacb eligible applicant's allocation of Canadian Imports In 1973 pursuant to sec tion 23 and section 21-expressed In barrels per day -------------------------------------------------------------------Sum ol all allocations of Canadian Imports In 1973 pursuant to section 23 and section 2l-expres$ed In barrels per day X 762,000 barrels/day 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 l, 1974 through April 30, 1975, licenses will only be issued initially for one half of the May 1, 1974 through April 30, 1975 al location period and the licenses will only be valid for a six month period unless extended by the Director. This procedure will provide for needed flexibility should the Canadian export policy change to the extent that it is necessary to further modify the affected sections of the 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 (2) The Director shall issue before May 1, 1974 to each eligible applicant a license equal to one half of the allocation calculated pursuant to subparagraph (1) of this paragraph. Such licenses shall ex pire on October 31,1974 unless extended by the Director. The Director shall issue before November 1,1974 a second license to each eligible applicant equal to the remainder of the allocation calculated pursuant to subparagraph (1) of this paragraph. Such licenses shall expire on April 30,1975. (e) (1) Except as provided for in subparagraph (2) of this paragraph a per son who imports Canadian imports must process all such imports in his own facil ity. For tlie purpose of this paragraph, blending by mechanical means does not constitute processing. (2) (i) 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 oil 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. til). 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 he fails to process aU 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 lm- FEDERAl REGISTER, VOL 39, NO. 67^--FRIDAY, APRIL 5, 1974 s CUSAROSS 02726