97-33027. Methylene Chloride; Partial Stay  

  • [Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
    [Rules and Regulations]
    [Pages 66275-66277]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-33027]
    
    
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    DEPARTMENT OF LABOR
    
    Occupational Safety and Health Administration
    
    29 CFR Part 1910
    
    RIN 1218-AA95
    
    
    Methylene Chloride; Partial Stay
    
    AGENCY: Occupational Safety and Health Administration (OSHA), 
    Department of Labor.
    
    ACTION: Final rule; partial stay of start-up dates for compliance.
    
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    SUMMARY: The Occupational Safety and Health Administration (OSHA) has 
    received a motion for reconsideration of certain provisions of its 
    standard regulating occupational exposure to methylene chloride, 62 FR 
    1494 (Jan. 10, 1997). The motion, filed jointly by the International 
    Union, United Automobile, Aerospace and Agricultural Implement Workers 
    of America, UAW; the Halogenated Solvents Industry Alliance, Inc., and 
    others, requests, among other things, extensions of the current start-
    up dates for installation of engineering controls and use of 
    respiratory protection for certain employers. It also requests an 
    interim stay of those compliance dates pending OSHA's ruling on the 
    motion for reconsideration.
        OSHA has preliminarily evaluated the motion for reconsideration 
    and, based on that evaluation, finds good cause to grant in part the 
    movants' request for an interim stay of the start-up dates. 
    Accordingly, for those employers subject to the motion who would 
    otherwise need to use respiratory protection or install engineering 
    controls on or before April 10, 1998, OSHA is hereby delaying until 
    August 31, 1998 the requirement to use respiratory protection to 
    achieve the 8-hour TWA PEL, and to December 10, 1998 the requirement to 
    achieve the 8-hour TWA PEL and the STEL through engineering controls.
    
    DATES: The effective date of this partial stay is December 18, 1997. 
    Under the stay, the start-up date for certain employers to use 
    respiratory protection to achieve the 8-hour TWA PEL is August 31, 
    1998, and the start-up date for certain employers to install 
    engineering controls is December 10, 1998.
    
    FOR FURTHER INFORMATION CONTACT:
    Bonnie Friedman, Director, OSHA Office of Public Affairs, U.S. 
    Department of Labor, Room N3647, 200 Constitution Avenue, NW, 
    Washington, DC 20210, telephone (202) 219-8151.
    
    SUPPLEMENTARY INFORMATION: OSHA published a new methylene chloride (MC) 
    standard on January 10, 1997 (62 FR 1494). The standard establishes an 
    8-hour time-weighted-average permissible exposure limit (8-hour TWA 
    PEL) for MC of 25 per million (ppm). It also sets a short term exposure 
    limit (STEL) of 125 ppm averaged over a 15 minute period. Employers 
    must achieve the 8-hour TWA PEL and the STEL, to the extent feasible, 
    by engineering and work practice controls. If such controls are unable 
    to achieve the exposure limits, and during the time they are being 
    implemented, employers must use respirators to protect employees 
    against excessive MC exposure.
        The methylene chloride standard establishes different start-up 
    dates for employers in different size categories. It requires 
    compliance with the engineering control requirement by April 10, 2000 
    for employers with fewer than 20 employees; April 10, 1999 for 
    polyurethane foam manufacturers with 20 to 99 employees; and April 10, 
    1998 for all other employers. As originally published, compliance with 
    the requirement for respiratory protection was required by April 10, 
    1998 for employers with fewer than 20 employees; January 5, 1998 for 
    polyurethane foam manufacturers with 20 to 99 employees; and October 7, 
    1997 for all other employers. OSHA subsequently extended certain start-
    up dates, including the requirement for all other employers to use 
    respiratory protection, to December 21, 1997. (62 FR 54382, Oct. 20, 
    1997).
        On November 24, 1997, OSHA received a joint motion for 
    reconsideration of certain aspects of the standard from the 
    International Union, United Automobile, Aerospace and Agricultural 
    Implement Workers of America, UAW; the Halogenated Solvents Industry 
    Alliance, Inc.; Benco Sales, Inc.; Brock Woodcraft; Masters Magic 
    Products, Inc.; Bassco Foam, Inc; and Tupelo Foam Sales, Inc. Among 
    other things, the movants ask that the compliance dates for 
    installation of engineering controls and use of respiratory protection 
    to achieve the 8-hour TWA PEL be extended for employers who use 
    methylene chloride in certain specific applications. Those applications 
    are polyurethane foam
    
    [[Page 66276]]
    
    manufacturing; foam fabrication; furniture refinishing; general 
    aviation aircraft stripping; formulation of products containing 
    methylene chloride; boat building and repair; recreational vehicle 
    manufacture; van conversion; upholstery; and use of methylene chloride 
    in construction work for restoration and preservation of buildings, 
    painting and paint removal, cabinet making and/or floor refinishing and 
    resurfacing.
        The motion for reconsideration requests that the standard's current 
    final engineering control start-up date of April 10, 2000, which is now 
    limited to employers with fewer than 20 employees, also apply to 
    employers in the specified application groups with 20-49 employees and 
    foam fabricators with 20-149 employees. According to the parties, 
    employers in these size categories, like those with fewer than 20 
    employees, have limited resources with which to develop and implement 
    engineering controls and will be able to use those resources more 
    efficiently if given sufficient time to develop and install effective 
    controls and to take advantage of compliance assistance that OSHA plans 
    to offer. The motion requests shorter extensions of the engineering 
    control dates for larger employers in these application groups. The 
    parties further request that respirator use to achieve the 8-hour TWA 
    PEL not be required before the engineering control start-up dates for 
    the employers covered by the motion. The parties assert that it would 
    better protect workers to enable these employers to concentrate their 
    resources on implementation of effective engineering controls rather 
    than divert part of those resources to interim respiratory protection 
    that would no longer be needed once full compliance with the 8-hour TWA 
    PEL and STEL is achieved by engineering controls. Unlike for most 
    substances, inexpensive respirators do not protect against MC 
    exposures. Thus, the extensions of start-up dates the parties seek are 
    designed to allow employers to allocate their resources effectively in 
    developing permanent engineering solutions that will reduce worker MC 
    exposures to below the 8-hour TWA PEL and STEL.
        OSHA generally agrees that worker protection against MC exposure 
    will best be achieved if employers develop and install effective 
    engineering controls as soon as practicable. The agency recognizes that 
    employers require a reasonable amount of time to develop and install 
    such controls. OSHA's preliminary evaluation of the motion for 
    reconsideration indicates that the parties have provided good cause for 
    the extensions they seek. However, the agency intends to further 
    evaluate the motion and to ask for public comment on it.
        In their motion, the parties ask that OSHA temporarily stay the 
    start-up dates for which they request extensions until OSHA takes final 
    action on the motion. OSHA finds good cause to grant in part the 
    movants' request for an interim stay in order to avoid the need for 
    employers to meet start-up dates that would no longer apply if the 
    motion is granted. At present, certain start-up dates that would be 
    extended if the motion is granted take effect on or before April 10, 
    1998. These include: December 21, 1997 for employers with 20 or more 
    employees (except polyurethane foam manufacturers with 20-99 employees) 
    to use respiratory protection to achieve the 8-hour TWA PEL; January 5, 
    1998 for polyurethane foam manufacturers with 20-99 employees to use 
    respiratory protection to achieve the 8-hour TWA PEL; April 10, 1999 
    for employers with fewer than 20 employees to use respiratory 
    protection to achieve the 8-hour TWA PEL; and April 10, 1998 for 
    employers with 20 or more employees (except polyurethane foam 
    manufacturers with 20-99 employees) to install engineering controls to 
    achieve the 8-hour TWA PEL and STEL. The only start-up dates scheduled 
    to take effect on or after April 10, 1998 are: April 10, 1999 for 
    polyurethane foam manufacturers with 20-99 employees to use engineering 
    controls to achieve the 8-hour TWA PEL and STEL; and April 10, 2000 for 
    employers with fewer than 20 employees to use engineering controls to 
    achieve the 8-hour TWA PEL and STEL.
        OSHA recognizes that employers should receive a reasonable amount 
    of notice before the start-up dates for installation of engineering 
    controls and use of respirators take effect. Accordingly, to assure 
    that employers who would receive extensions of the start-up dates if 
    the motion is granted have sufficient notice, OSHA concludes it is 
    appropriate to extend the start-up dates that would otherwise take 
    effect on or before April 10, 1998. Accordingly, the agency is (1) 
    extending the start-up date for all employers subject to the motion to 
    use respiratory protection to achieve the 8-hour TWA PEL to August 31, 
    1998; and (2) extending the start-up for employers with 20 or more 
    employees (except polyurethane foam manufacturers with 20-99 employees) 
    to install engineering controls to achieve the 8-hour TWA PEL and STEL 
    to December 10, 1998. To further assure that employers are afforded a 
    reasonable amount of notice of the date by which they must comply with 
    these provisions, OSHA may further extend these start-up dates if a 
    final ruling on the joint motion is not issued sufficiently far in 
    advance of the August 31, 1998 start-up date for use of respiratory 
    protection to achieve the 8-hour TWA PEL that is being established by 
    this partial stay.
        The parties request extensions of compliance deadlines only for 
    installation of engineering controls and for use of respiratory 
    protection to meet the 8-hour TWA PEL. As their motion points out, 
    employees exposed to methylene chloride will still receive important 
    protection from other provisions of the standard even if their motion 
    is granted. Thus, during the period covered by this partial stay, 
    employers will, by the start-up dates currently established by the 
    standard be required to achieve the STEL (by either engineering 
    controls or respiratory protection, at their option), implement all 
    feasible work practice controls to reduce methylene chloride exposures, 
    and comply with all other provisions of the MC standard that are not 
    being stayed. Moreover, all employers must achieve the prior limits 
    specified in 29 CFR 1910.1000 Table Z-2 with feasible engineering 
    controls until the new exposure limits take effect.
        OSHA further finds that there is good cause to issue this stay 
    without notice and public comment because following such procedures 
    would be impractical, unnecessary or contrary to the public interest in 
    this case.
        Authority and Signature: This document was prepared under the 
    direction of Charles N. Jeffress, Assistant Secretary of Labor for 
    Occupational Safety and Health, U.S. Department of Labor, 200 
    Constitution Avenue, NW., Washington, DC 20210.
    
    List of Subjects in 29 CFR Part 1910
    
        Chemicals, Hazardous Substances, Occupational safety and health.
    
        Signed at Washington, DC this 12th day of December 1997.
    Charles N. Jeffress,
    Assistant Secretary of Labor.
    
        Part 1910 of title 29 of the Code of Federal Regulations is amended 
    as follows:
    
    PART 1910--[AMENDED]
    
        1. The general authority citation for subpart Z of 29 CFR part 1910 
    continues to read, in part, as follows:
    
        Authority: Sections 4, 6, and 8 of the Occupational Safety and 
    Health Act of 1970 (29 U.S.C. 653, 655, and 657); Secretary of 
    Labor's Order No. 12-71 (36 FR 8754), 8-76
    
    [[Page 66277]]
    
    (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 
    111), as applicable; and 29 CFR Part 1911.
    * * * * *
        2. A note is added after paragraph (o) of Sec. 1910.1052 to read as 
    follows:
    
    
    Sec. 1910.1052  Methylene Chloride.
    
    * * * * *
        [Note to paragraph (o): The requirement of 29 CFR 
    1910.1052(g)(1) to use respiratory protection whenever an employee's 
    exposure to methylene chloride exceeds or can reasonably be expected 
    to exceed the 8-hour TWA PEL is hereby stayed until August 31, 1998 
    for employers engaged in polyurethane foam manufacturing; foam 
    fabrication; furniture refinishing; general aviation aircraft 
    stripping; formulation of products containing methylene chloride; 
    boat building and repair; recreational vehicle manufacture; van 
    conversion; upholstery; and use of methylene chloride in 
    construction work for restoration and preservation of buildings, 
    painting and paint removal, cabinet making and/or floor refinishing 
    and resurfacing.
        The requirement of 29 CFR 1910.1052(f)(1) to implement 
    engineering controls to achieve the 8-hour TWA PEL and STEL is 
    hereby stayed until December 10, 1998 for employers with more than 
    100 employees engaged in polyurethane foam manufacturing and for 
    employers with more than 20 employees engaged in foam fabrication; 
    furniture refinishing; general aviation aircraft stripping; 
    formulation of products containing methylene chloride; boat building 
    and repair; recreational vehicle manufacture; van conversion; 
    upholstery; and use of methylene chloride in construction work for 
    restoration and preservation of buildings, painting and paint 
    removal, cabinet making and/or floor refinishing and resurfacing.]
    
    [FR Doc. 97-33027 Filed 12-17-97; 8:45 am]
    BILLING CODE 4510-26-M
    
    
    

Document Information

Effective Date:
12/18/1997
Published:
12/18/1997
Department:
Occupational Safety and Health Administration
Entry Type:
Rule
Action:
Final rule; partial stay of start-up dates for compliance.
Document Number:
97-33027
Dates:
The effective date of this partial stay is December 18, 1997. Under the stay, the start-up date for certain employers to use respiratory protection to achieve the 8-hour TWA PEL is August 31, 1998, and the start-up date for certain employers to install engineering controls is December 10, 1998.
Pages:
66275-66277 (3 pages)
RINs:
1218-AA95
PDF File:
97-33027.pdf
CFR: (1)
29 CFR 1910.1052