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• Record Type: Occupational Exposure to 1,3-Butadiene
• Section: 0
• Title: Intro to 29 CFR Parts 1910, 1915, and 1926, Occupational Exposure to 1,3-Butadiene

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910, 1915 and 1926

[Docket No. H-041]

RIN 1218-AA83

Occupational Exposure to 1,3-Butadiene

AGENCY: Occupational Safety and Health Administration (OSHA), Department of Labor.

ACTION: Final rule. ______________________________________________________________________

SUMMARY: This final standard amends the Occupational Safety and Health Administration's (OSHA) occupational standard that regulates employee exposure to 1,3-Butadiene (BD). The basis for this action is a determination by the Assistant Secretary, based on animal and human data, that OSHA's current permissible exposure limit (PEL) which permits employees to be exposed to BD in concentrations up to 1,000 parts BD per million parts of air (1,000 ppm) as an eight-hour time-weighted average (TWA) does not adequately protect employee health. OSHA's new limits reduce the PEL for BD to an 8-hour TWA of 1 ppm and a short term exposure limit (STEL) of 5 ppm for 15 minutes. An "action level" of 0.5 ppm as an 8-hour TWA is included in the standard as a mechanism for exempting an employer from some administrative burdens, such as employee exposure monitoring and medical surveillance, in instances where the employer can demonstrate that the employee's exposures are consistently at very low levels. In order to reduce exposures and protect employees, OSHA's BD standard includes requirements such as engineering controls, work practices and personal protective equipment, measurement of employee exposures, training, medical surveillance, hazard communication, regulated areas, emergency procedures and recordkeeping.

DATES: The effective date of these amendments is February 3, 1997. Start-up date for engineering controls is November 4, 1998, and for the exposure goal program November 4, 1999. Affected parties do not have to comply with the information collection requirements in Sec. 1910.1051(d) exposure monitoring, Sec. 1910.1051(f) methods of compliance, Sec. 1910.1051(g) exposure goal program, Sec. 1910.1051(h) respiratory protection, Sec. 1910.1051(j) emergency situations, Sec. 1910.1051(k) medical screening and surveillance, Sec. 1910.1051(l) communication of BD hazards to employees; and Sec. 1910.1051(m) recordkeeping until the Department of Labor publishes a Federal Register notice informing the public that OMB has approved these information requirements under the Paperwork Reduction Act of 1995.

Other Dates: Written comments on the paperwork requirements of this final rule must be submitted on or before January 3, 1997.

ADDRESSES: In accordance with 28 U.S.C. 2112(a), the Agency designates the following party to receive petitions for review of this regulation: Associate Solicitor for Occupational Safety and Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. These petitions must be filed no later than the 59th calendar day following promulgation of this regulation; see section 6(f) of the Occupational Safety and Health Act of 1970 (OSH Act), 29 CFR 1911.18(d), and United Mine Workers of America v. Mine Safety and Health Administration, 900 F.2d 384 (D.C. Circ. 1990).

Comments regarding the paperwork burden of this regulation, which are being solicited by the Agency as required by the Paperwork Reduction Act of 1995, are to be submitted to the Docket Office, Docket No. ICR 96-13, U.S. Department of Labor, Room N-2625, 200 Constitution Ave., NW., Washington, DC 20210, telephone (202)219-7894. Written comments limited to 10 pages or less in length may also be transmitted by facsimile to (202) 219-5046.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Cyr, OSHA Office of Public Affairs, United States Department of Labor, Room N-3641, 200 Constitution Avenue, NW., Washington, DC. 20210, Telephone (202) 219-8151. Copies of the referenced information collection request are available for inspection and copying in the Docket Office and will be mailed to persons who request copies by telephoning Vivian Allen at (202) 219-8076. For electronic copies of the 1,3-Butadiene Information Collection Request, contact OSHA's WebPage on Internet at http://www.osh.gov/.

I. Collection of Information; Request for Comment

This final 1,3-Butadiene standard contains information collection requirements that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA95) 44 U.S.C. 3501 et seq. (see also 5 CFR part 1320). PRA95 defines collection of information to mean, "the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public of facts or opinions by or for an agency regardless of form or format." (44 U.S.C. 3502(3)(A)) The title, the need for and proposed use of the information, a summary of the collections of information, description of the respondents, and frequency of response required to implement the required information collection is described below with an estimate of the annual cost and reporting burden (as required by 5 CFR 1320.5(a)(1)(iv) and 1320.8(d)(2)). Included in the estimate is the time for reviewing instructions, gathering and maintaining the data needed, and completing and reviewing the collection of information.

OSHA invites comments on whether the proposed collection of information:

* Ensures that the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

* Estimates the projected burden accurately, including whether the methodology and assumptions used are valid;

* Enhances the quality, utility, and clarity of the information to be collected; and

* Minimizes the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

Title: 1,3-Butadiene, 29 CFR 1910.1051. Description: The final 1,3-Butadiene (BD) Standard is an occupational safety and health standard that will minimize occupational exposure to BD. The standard's information collection requirements are essential components that will protect employees from occupational exposure. The information will be used by employers and employees to implement the protection required by the standard. OSHA will use some of the information to determine compliance with the standard.

Summary of the Collection of Information: The collections of information contained in the standard include the provisions concerning objective data; exposure monitoring records and employee notification of exposure monitoring results; written plans for compliance, respiratory protection, exposure goal, emergency situations; information to the physician; employee medical exams and medical records; respirator fit-testing records; record of training program; employee access to monitoring and medical records; and transfer of records to NIOSH.

Respondents: The respondents are employers whose employees may have occupational exposure to BD above the action level. The main industries affected are 1,3-Butadiene Polymer Production, Monomer purification of 1,3-Butadiene, Stand-Alone Butadiene Terminals, and Crude 1,3-Butadiene Producers.

Frequency of Response: The frequency of monitoring and notification of monitoring results will be dependent on the results of the initial and subsequent monitoring events and the number of different job classifications with BD exposure. The Compliance Plan is required to be established and updated as necessary and reviewed at least annually. The Exposure Goal Program, Respiratory Protection Program, and Emergency Plans are required to be established and updated as necessary. For those using respirators, respirator fit testing is required initially, and at least annually thereafter. The frequency of the medical examinations will be dependent on the number of employees who will be exposed at or above the action level, or in emergency situations. A record of the training program is required to be maintained. Those employers using objective data in lieu of monitoring must maintain records of the objective data relied upon. The employer must maintain exposure monitoring and medical records, which includes information provided to the physician or other licensed health care professional, in accordance with 29 CFR 1910.20. Fit-Test records must be maintained for respirator users until the next fit test is administered.

Total Estimated Cost: First Year $820,388; Second Year $658,949;

and Third and Recurring Years $75,890.

Total Burden Hours: The total burden hours for the first year is estimated to be 8,077; for the second year, the burden is estimated to be 5,342; and for the third and recurring years, the burden is estimated to be 1,587. The Agency has submitted a copy of the information collection request to OMB for its review and approval. Interested parties are requested to send comments regarding this information collection to the OSHA Docket Office, Docket No. ICR 96-13, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW, Washington, DC 20210. Written comments limited to 10 pages or fewer may also be transmitted by facsimile to (202) 219-5046.

Comments submitted in response to this notice will be summarized and included in the request for Office of Management and Budget approval of the final information collection request; they will also become a matter of public record.

Copies of the referenced information collection request are available for inspection and copying in the OSHA Docket Office and will be mailed to persons who request copies by telephoning Vivian Allen at (202) 219-8076. Electronic copies of the 1,3-Butadiene information collection request are available on the OSHA WebPage on the Internet at http://www.osha.gov/.

Federalism

This standard has been reviewed in accordance with Executive Order 12612, 52 FR 41685 (October 30, 1987), regarding Federalism. This Order requires that agencies, to the extent possible, refrain from limiting State policy options, consult with States prior to taking any actions only when there is clear constitutional authority and the presence of a problem of national scope. The Order provides for preemption of State law only if there is a clear Congressional intent for the Agency to do so. Any such preemption is to be limited to the extent possible.

Section 18 of the Occupational Safety and Health Act (OSH Act), expresses Congress' clear intent to preempt State laws with respect to which Federal OSHA has promulgated occupational safety or health standards. Under the OSH Act, a State can avoid preemption only if it submits, and obtains Federal approval of, a plan for the development of such standards and their enforcement. Occupational safety and health standards developed by such State Plan-States must, among other things, be at least as effective in providing safe and healthful employment and places of employment as the Federal standards. Where such standards are applicable to products distributed or used in interstate commerce, they may not unduly burden commerce and must be justified by compelling local conditions. (See section 18(c)(2).) The final BD standard is drafted so that employees in every State will be protected by general, performance-oriented standards. States with occupational safety and health plans approved under section 18 of the OSH Act will be able to develop their own State standards to deal with any special problems which might be encountered in a particular state. Moreover, the performance nature of this standard, of and by itself, allows for flexibility by States and employers to provide as much leeway as possible using alternative compliance.

This final rule of BD addresses a health problem related to occupational exposure to BD which is national in scope.

Those States which have elected to participate under section 18 of the OSH Act would not be preempted by this regulation and will be able to deal with special, local conditions within the framework provided by this performance-oriented standard while ensuring that their standards are at least as effective as the Federal Standard.

State Plans

The 23 States and 2 territories with their own OSHA-approved occupational safety and health plans must adopt a comparable standard within 6 months of the publication of this final standard for occupational exposure to 1,3-butadiene or amend their existing standards if it is not "at least as effective" as the final Federal standard. The states and territories with occupational safety and health state plants are: Alaska, Arizona, California, Connecticut (for State and local government employees only), Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York (for State and local government employees only), North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia, the Virgin Islands, Washington, and Wyoming. Until such time as a State standard is promulgated, Federal OSHA will provide interim enforcement assistance, as appropriate, in these states and territories.

SUPPLEMENTARY INFORMATION:


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