DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. H-044]

Occupational Exposure to 2-Methoxyethanol, 2-Ethoxyethanol and Their Acetates (Glycol Ethers).

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

ACTION: Proposed rule and notice of hearing; corrections.

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SUMMARY: This notice corrects errors that appeared in the Notice of Proposed Rulemaking (NPRM) for Occupational Exposure to 2-Methoxyethanol, 2-Ethoxyethanol and their Acetates (Glycol Ethers) that the Occupational Safety and Health Administration (OSHA) published on March 23, 1993 (58 FR 15526). Information concerning public participation is repeated, although no changes are being made.

DATES: Written comments on the proposed standard must be postmarked by June 7, 1993. Notices of Intention to appear at the informal public hearings on the proposed standard must be postmarked by June 7, 1993. Parties who request more than 10 minutes for their presentations at the informal public hearing and parties who submit documentary evidence at the hearing must submit the full text of their testimony and all documentary evidence no later than June 28, 1993. The informal public hearing is scheduled to begin on July 20, 1993.

ADDRESSES: Written comments should be submitted in quadruplicate to the OSHA Docket Officer, Docket No. H-044, room N-2625, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210. Notices of Intention to Appear at the informal rulemaking hearing, testimony, and documentary evidence are to be sent to Mr. Tom Hall, OSHA Division of Consumer Affairs, Docket No. H-044, room N-3662, U.S. Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210.

Need for Corrections Certain errors and omissions occurred during the processing of the NPRM. First, a typographical error in the Scope and Application discussion in the Summary and explanation section of the preamble indicated that solids made from or containing glycol ethers that are "capable", rather than incapable, or releasing those glycol ethers into the workplace air at or above the action levels or above the excursion levels would be exempted from coverage of the proposed rule. Second, while OSHA in the Summary section of the preamble to the NPRM indicated its intention that the proposed rule cover general industry as well as maritime, construction and agriculture industries, OSHA did not discuss in the Summary and Explanation section of the preamble its intentions to include the maritime and agriculture industries in the coverage of the glycol ethers standards. Third, certain typographical errors occurred in the printing of new paragraph (n) which OSHA has proposed to be added to 1910.19. Fourth, OSHA omitted proposing a new paragraph (a)(6) to be added to 1928.21 to reflect application of the proposed glycol ethers standard to the agriculture industry.

Correction of Publication Accordingly, the publication of March 23, 1993 of the proposed standard on occupational exposure to glycol ethers which appeared at 48 FR 15526 is corrected as follows:

X. Summary and Explanation of the Proposed Standard - (Corrected)

1. On page 15592, third column, second complete paragraph, the first sentence is corrected to read: "OSHA also proposes that solids made from or containing glycol ethers that are incapable of releasing those glycol ethers into the workplace air at or above the action levels or above excursion levels are also exempt from the scope of the standard."

2. On page 15593, second column, the second paragraph is removed and the following text is inserted in place.

"OSHA is proposing that maritime and construction be included under the scope of the standard, by amending 1910.19 to add new paragraph (a)(6). OSHA welcomes data and other evidence on the use of and exposure to glycol ethers in the maritime, construction and agriculture industries which may be different from those in general industry. OSHA also welcomes comment on other issues which should be examined in applying a standard on glycol ethers to the maritime, construction and agriculture industries."

"With regard to maritime, epidemiologic evidence in the record (Exs. 5-102, 5-103, 5-104) suggests that certain workers in this industry are exposed to glycol ethers. While OSHA believes that the proposed standard would not have a significant impact on the maritime industry, OSHA believes that exposures in certain operations may be significant and it is necessary that such employees be protected by the glycol ethers standard."

"With regard to construction, OSHA believes, based on current evidence, that the proposed standard also would have little impact. However, a significant source of exposure may occur in maintenance operations at facilities that manufacture, formulate or use glycol ethers or liquids containing glycol ethers. Exposure during these operations may be relatively high, and it is necessary, therefore, that employees wear respirators, receive medical examinations and be protected by the ethers standard. Sometimes such facilities hire outside contractors to perform maintenance operations. The contention is sometimes made that the maintenance operations should be considered to be construction activities and not subject to general industry standards. Employees of such contractors are subject to the same levels of glycol ethers and need the same protection as other exposed employees. OSHA proposes to cover these employees under the glycol ethers standard."

3. On page 15615, second column, item 2, 1910.19(n) is corrected to read as follows:

1910.19 Special provision for air contaminants.

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(n) Glycol ethers. 1910.1031 shall apply to the exposure of every employees to glycol ethers, as defined in 1910.1031, in every employment and place of employment covered by 1910.12, 1910.13, 1910.14, 1910.15, and 1910.16 in lieu of any different standard on exposures to glycol ethers which would otherwise be applicable by virtue of those sections.

PART 1928 - [AMENDED]

4. On page 15632, third column, following the conclusion of appendix F, new amendatory instructions 6 and 7 are added to read:

6. The authority citation for 29 CFR part 1928 continues to read:

Authority: Secs. 4, 6, and 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Orders Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736) or 9-83 (48 FR 35736), as applicable; and 29 CFR part 1911.

1928.21 also issued under 5 U.S.C. 553.

7. A new paragraph (a)(6) is proposed to be added to 1928.21 to read:

1928.21 Applicable standards in 29 CFR Part 1910.

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(a) * * *
(6) Glycol ethers - 1910.1031.

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This document was prepared under the direction of David C. Ziegler, Acting Assistant Secretary for Occupational Safety and Health, 200 Constitution Ave., NW., Washington, DC 20210.

Signed at Washington, DC this 28th day of May, 1993.

David C. Ziegler,
Acting Assistant Secretary of Labor.

[FR Doc. 93-13214 Filed 6-4-93; 8:45 am]

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