Notice of Public Meeting on Review of the Ethylene Oxide Standard (29 CFR 1910.1047)

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. H-200-C]

Notice of Public Meeting on Review of the Ethylene Oxide Standard

(29 CFR 1910.1047)

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice of public meeting.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is

conducting a review of the Ethylene Oxide standard in order to

determine, consistent with Executive Order 12866 on Regulatory Planning

and Review and Section 610 of the Regulatory Flexibility Act, whether

this standard should be maintained without change, rescinded, or

modified in order to make it more effective or less burdensome in

achieving its objectives, to bring it into better alignment with the

objectives of Executive Order 12866, or to make it more consistent with

the objectives of the Regulatory Flexibility Act to achieve regulatory

goals while imposing as few burdens as possible on small employers.

Written public comments on all aspects of compliance with the

Ethylene Oxide standard are welcomed. OSHA will also hold a

stakeholder's meeting to provide an opportunity for interested parties

to comment on whether the Ethylene Oxide standard should be eliminated,

modified, or continued without change to obtain the objectives

described above.

DATES: The public meeting will be held on Monday, June 30, 1997. The

meeting will begin at 9:00 a.m. and is scheduled to end at 12:00 p.m.

Written comments should be received by August 1, 1997 in the OSHA

Docket Office at the address listed below.

ADDRESSES: The public meeting will be held in Room N3437 of the Frances

Perkins Building, 200 Constitution Avenue, N.W., Washington, D.C.

20210.

Requests to appear and written comments: OSHA requests that any

person wishing to appear at the public meeting notify OSHA in writing.

To assure that time is provided for oral comments, the request should

be received by OSHA no later than Monday, June 23, 1997, and should

identify the person and/or organization intending to appear, address

and phone/fax number, the amount of time requested, and a brief summary

of the comments to be presented. Please send written requests to appear

to Nancy Dorris at the address listed below. All comments received from

interested parties will be included in Docket H-200-C, and will be

available for public review in the OSHA Docket Office, Room N2625, 200

Constitution Avenue, N.W., Washington, D.C. 20210, Telephone (202) 219-

7894.

Persons with disabilities who need special accommodations should

contact Nancy Dorris, by Monday, June 23, 1997, at the address

indicated below.

FOR FURTHER INFORMATION CONTACT: Nancy Dorris, Office of Regulatory

Analysis, Directorate of Policy, Occupational Safety and Health

Administration, Room N3627, 200 Constitution Avenue, N.W., Washington,

D.C. 20210, Telephone (202) 219-4690, extension 134, Fax (202) 219-

4383.

SUPPLEMENTARY INFORMATION: In 1984, OSHA promulgated a health standard

for Ethylene Oxide (29 CFR 1910.1047) with a permissible exposure limit

of 1 part per million parts of air (1 ppm) as an 8-hour time-weighted

average (49 FR 25734, June 22, 1984). The basis for this action was a

determination, based on animal and human data, that exposure to

Ethylene Oxide presents a carcinogenic, mutagenic, genotoxic,

reproductive, neurologic and sensitization hazard to workers. The

standard provides for, among other requirements, methods of exposure

control, personal protective equipment, measurement of employee

exposures, training, medical surveillance, signs and labels, regulated

areas, emergency procedures, and recordkeeping. An action level of 0.5

ppm as an 8-hour time weighted average is included as the level above

which employers must initiate certain compliance activities such as

periodic employee exposure monitoring and medical surveillance. In

instances where the employer can demonstrate that employee exposures

are below the action level, the employer is not obligated to comply

with most of the requirements of the standard. In 1988, OSHA amended

the Ethylene Oxide standard by adopting an excursion limit of 5 ppm

averaged over a sampling period of 15 minutes (53 FR 11414, April 6,

1988).

OSHA estimated in the Final Regulatory Impact Analysis for the

Ethylene Oxide standard that the standard would have an annual cost of

$35.5 million (49 FR 25734, June 22, 1984). OSHA also estimated that

between 457 and 871 cancer fatalities would be prevented over a fifty

year period as a result of the standard.

OSHA has selected the Ethylene Oxide standard for review in

accordance with the regulatory review provisions at Section 5 of

Executive Order 12866 (58 FR 51735, 51739, Oct. 4, 1993) and Section

610 of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The

purpose of the review is to determine whether the standard should be

continued without change, rescinded, or amended to make it more

effective or less burdensome in achieving its objectives, to bring it

into better alignment with the objectives of Executive Order 12866, or

to make it more consistent with the objectives of the Regulatory

Flexibility Act to achieve regulatory goals while

[[Page 28650]]

imposing as little burden as possible on small employers. In the event

the Agency determines, based on the results of this review, that the

rule should be rescinded or modified, appropriate rulemaking will be

initiated.

An important step in the review process involves the gathering and

analysis of information from affected persons about their experience

with the rule and any material changes in circumstances since issuance

of the rule. This notice requests written comments and announces a

public meeting to provide an opportunity for interested parties to

comment on the continuing need for, adequacy or inadequacy, and

potential improvement of this rule. Comment concerning the following

subjects would assist the Agency in determining whether to retain the

standard unchanged or to initiate rulemaking for purposes of revision

or recission:

1. The benefits and utility of the rule in its current form and, if

amended, in its amended form;

2. Whether potentially effective and reasonably feasible

alternatives to the standard exist;

3. The continued need for the rule;

4. The complexity of the rule;

5. Whether and to what extent the rule overlaps, duplicates, or

conflicts with other Federal, State, and local governmental rules;

6. Information on any new developments in technology, economic

conditions, or other factors affecting the ability of affected firms to

comply with the Ethylene Oxide rule;

7. Alternatives to the rule or portions of the rule that would

minimize significant impacts on small businesses while achieving the

objectives of the Occupational Safety and Health Act; and

8. The effectiveness of the standard as implemented by small

entities.

Persons making timely written requests to speak at the public

meeting will be given priority for oral comments, as time permits.

Other persons wishing to speak should register at the meeting from 8:30

to 9:00. OSHA will make every effort to accommodate individuals wishing

to speak at the public meeting.

Authority: This document was prepared under the direction of

Gregory R. Watchman, Acting Assistant Secretary of Labor for

Occupational Safety and Health, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210.

Signed at Washington, D.C., this 20th day of May, 1997.

Gregory R. Watchman,

Acting Assistant Secretary.

[FR Doc. 97-13799 Filed 5-23-97; 8:45 am]

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