DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

RIN 1218-AA95

Methylene Chloride; Amendment; Extension of Start-Up Date

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

ACTION: Final Rule; amendment; extension of start-up date for compliance.

SUMMARY: The Occupational Safety and Health Administration (OSHA) is extending the start-up date for most provisions of the methylene chloride by 30 days to November 6, 1997 for larger employers. Employers with fewer than 20 employees and foam manufacturers with 20 to 99 employees have substantially later start-up dates which are not changed.

DATES: The effective date of this amendment is September 15, 1997.

Compliance: The start-up date for all provisions of the methylene chloride standard except initial monitoring and engineering controls for employers specified in 1910.1052(n)(2)(iii)(c) is extended to November 6, 1997 (210 days after the effective date of the standard).

FOR FURTHER INFORMATION CONTACT: Bonnie Freeman, 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 standard January 10, 1997 (62 FR 1494). That standard included extended start-up dates for its various provisions depending on the size of the employer. The three categories of employers were employers with fewer than 20 employees, foam manufacturers with 20-99 employees and "all other employers."

OSHA published notification of OMB approval of information collection requirements on August 8, 1997 (62 FR 42666). As the start- up date for initial monitoring for "all other employers" was August 8, 1997, OSHA extended that date to September 7, 1997 to provide added notice to implement compliance.

The next start-up date specified for "all other employers" is October 7, 1997 for all provisions except engineering controls and initial monitoring. That is only 30 days after the extended date for completion of initial monitoring.

OSHA has concluded that more time is needed between completion of initial monitoring and implementation of the other provisions except engineering controls. This allows for a more efficient and effective implementation of those provisions such as for training, medical surveillance and other specified provisions. This is also consistent with OSHA's initial determination that 60 days is needed between completion of initial monitoring and implementation of the other provisions. OSHA is amending 1910.1052(n)(2)(iii)(c) to implement this decision.

The date for completion of initial monitoring for employers with fewer than 20 employees is February 4, 1998 and for foam manufacturers with 20-99 employees is November 6, 1997. The date for all other provisions except engineering controls is 60 days later for each group. See 62 FR 1606 (January 10, 1997) for a listing of effective and start- up dates.

OSHA finds that there is good cause to issue this extension without notice and public comment because following such procedures would be impractical, unnecessary or contrary to the public interest in this case. OSHA believes that it is in the public interest to give certain employers additional time between completion of initial monitoring and implementation of other provisions.

Authority And Signature

This document was prepared under the direction of Gregory R. Watchman, Acting Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.

Signed at Washington, DC, this 9th day of September 1997.

Gregory R. Watchman,
Acting Assistant Secretary of Labor.

PART 1910 -- [AMENDED]

1. The general authority citation for subpart Z of CFR 29 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 (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. Paragraph (n)(2)(iii)(C) of 1910.1052 is revised to read as follows:

1910.1052 Methylene chloride.

* * * * *

(n) * * *

(2) * * *

(iii) * * *

(C) For all other employers, within 210 days after the effective date of this section.

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[FR Doc. 97-24350 Filed 9-12-97; 8:45 am)