____________________________________ THE SOCIETY OF THE PLASTICS ) INDUSTRY, INC., ) ) Petitioner ) ) No. 89-7249 ) (Eleventh Cir.) ) OCCUPATIONAL SAFETY AND HEALTH ) ADMINISTRATION, ) ) Respondent ) ____________________________________) ____________________________________ FIBERGLASS FABRICATION ASSOCIATION, ) ) Petitioner ) ) ) ) No. 89-7250 ) (Eleventh Cir.) OCCUPATIONAL SAFETY AND HEALTH ) ADMINISTRATION, ) ) Respondent ) ____________________________________)
Petitioners Fiberglass Fabrication Association (FFA) and The Society of the Plastics Industry, Inc. (SPI) and respondent Occupational Safety and Health Administration (OSHA), by and through their attorneys, hereby enter into this Agreement.
WHEREAS, the OSHA Air Contaminants standard (29 C.F.R. 1910.1000, promulgated at 54 FR 2332, 2952 (Jan. 19, 1989)), reduced the time-weighted average (TWA) exposure limit for styrene from 100 to 50 parts per million (ppm) and established a short-term exposure limit (STEL) of 100 ppm; and
WHEREAS, FFA, in docket No. 89-7250, and SPI, in Docket No. 89-7429, petitioned for review of that standard on the basis that the styrene limit is not technologically feasible in certain operations, and WHEREAS, OSHA, having previously determined that compliance with the new styrene limits may not be achievable solely with engineering and work practice controls for manual layup and sprayup operations in boat building, has concluded that the same considerations apply to some other operations in the reinforced plastics industry comparable to boat building, NOW, THEREFORE, the parties to this Agreement do hereby agree to the following:
1. OSHA will issue the letter of interpretation to Peter L. de la Cruz, attorney for FFA and SPI, attached hereto as Attachment A. (OSHA will inform its field offices of this interpretation.) 2. FFA and OSHA agree to sign and file with the United States Court of Appeals for the Eleventh Circuit, within five working days of this settlement, an agreement pursuant to Federal Rule of Appellate procedure 42(b) that Docket No. 89-7250 be dismissed with prejudice.
3. SPI agrees to settle part of Docket No. 89-7249 by filing with the United States Court of Appeals for the Eleventh Circuit, within five working days of this settlement, an amended docketing statement stating that SPI will not, pursuant to this Agreement, continue to challenge the OSHA standard for styrene.
4. Each party agrees to bear its own attorney fees, costs and other expenses that have been incurred in connection with these proceedings up to and including the motion to dismiss the petition and amendment to the docketing statement.
Agreed, this 20 day of November, 1989.
________________________________ Charles Gordon Office of the Solicitor U.S. Department of Labor Room 5-4004 200 Constitution Ave., N.W. Washington, DC 20210 Attorney for respondent, Occupational Safety and Health Administration ________________________________ Peter L. de la Cruz Keller & Heckman 1150 17th Street, N.W. Suite 1000 Washington, DC 20036 Attorney for the Fiberglass Fabrication Association and the Society of the Plastics Industry, Inc.