thesynergist | NEWSWATCH
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EPA Releases Compliance Guide for Recent Methylene Chloride Rule
A guide published recently by EPA is intended to help industry understand and comply with the agency’s new risk management rule for methylene chloride, which went into effect on July 8. The rule bans the manufacturing, processing, and distribution of methylene chloride for all consumer uses by July 2025 and most industrial and commercial uses within two years.
The NIOSH Pocket Guide to Chemical Hazards describes methylene chloride as a colorless liquid with a chloroform-like odor. Since 1980, the chemical has caused the deaths of at least 88 people who were exposed to methylene chloride in products used for bathtub refinishing and paint stripping. Methylene chloride is also used in aerosol degreasing, as an adhesive and sealant, and to make other chemicals such as climate-friendly refrigerants. Under the new rule, certain uses of methylene chloride are allowed to continue, including its uses in the production of battery separators for electric vehicles, as a laboratory chemical, as a bonding agent for solvent welding, and some other specific uses that EPA describes as “highly industrialized and important to national security and the economy.” Such uses will continue with strict workplace controls, which are outlined in the new compliance guide.
One of the components of the rule described in EPA’s guide is the workplace chemical protection program, which is intended to help protect workers who are potentially exposed to methylene chloride during allowed uses. Provisions of the program include inhalation exposure limits, exposure monitoring, an exposure control plan, criteria for respirator selection, and other requirements. EPA’s exposure limits for methylene chloride include an EPA existing chemical exposure limit (ECEL), an EPA short-term exposure limit (STEL), and an ECEL action level.
“The ECEL and EPA STEL identify the levels at or below which a potentially exposed person will be protected against unreasonable risk,” the compliance guide states. “The ECEL and EPA STEL are similar to the OSHA permissible exposure limit and STEL in that they are regulatory exposure limits, although OSHA PELs do not protect against unreasonable risk as defined under [the Toxic Substances Control Act].”
The EPA ECEL for methylene chloride is 2 ppm (8 mg/m3) as an eight-hour time-weighted average (TWA), and the EPA STEL is 16 ppm (57 mg/m3) as a 15-minute TWA. The ECEL action level, which the agency describes as a “trigger that indicates whether certain compliance activities (e.g., periodic monitoring) are required,” is 1 ppm (4 mg/m3) as an eight-hour TWA.
The guide is intended for entities that manufacture, import, process, distribute in commerce, use, or dispose of methylene chloride or products containing the chemical. Workers, others in workplaces where methylene chloride is used, and members of the public may also consult the guide to understand protections required under the new rule and unreasonable risks identified by EPA. Additional topics discussed in the guide include compliance timeframes and requirements for recordkeeping and downstream notification to inform processors, distributors, and others about the restrictions on methylene chloride under TSCA.
The compliance guide is available as a PDF from the EPA website. The methylene chloride rule was published in the Federal Register in May. For more information, see the agency’s risk management page for methylene chloride.
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ACGIH Board Ratifies 2024 TLVs, BEIs
The ACGIH board of directors has ratified 2024 Threshold Limit Values (TLVs) for chemical substances and physical agents and Biological Exposure Indices, or BEIs. According to the ACGIH substances and agents listing, the board adopted TLVs for chemical substances such as acrolein, endotoxins, and isopropyl ether. A BEI for platinum was also adopted.
The board has also approved recommendations for additions to the Notice of Intended Changes list. The NIC list includes substances and agents for which ACGIH proposes a TLV or BEI for the first time, a change to an existing TLV or BEI, retention as an NIC, or withdrawal of an adopted TLV or BEI. Substances and physical agents that appear on the NIC list are considered “trial values.” Chemical substances on the 2024 NIC list include carbon monoxide, diacetone alcohol, nitric acid, and triethylene glycol.
The full list of 2024 TLVs and BEIs is available on the ACGIH website.
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EPA Flags Vinyl Chloride and Four Other Chemicals for Risk Evaluation
Vinyl chloride is among five chemicals that EPA is proposing to designate as high-priority substances for risk evaluation under the Toxic Substances Control Act (TSCA). The agency describes prioritization as the first step toward regulating chemicals that are currently on the market and in use. If EPA finalizes these proposed designations, the agency will determine whether the substances present unreasonable risk to human health or the environment. TSCA calls for EPA to publish final risk evaluations within three to three-and-a-half years of identifying chemicals as high priority for risk evaluation. EPA is also proposing to evaluate acetaldehyde, acrylonitrile, benzenamine, and 4,4’-methylene bis(2-chloroaniline), or MBOCA.
In the U.S., vinyl chloride is used primarily to produce polyvinyl chloride, or PVC. According to EPA, vinyl chloride is a known human carcinogen that can cause liver, brain, and lung cancers among exposed workers. The chemicals acetaldehyde, acrylonitrile, benzenamine, and MBOCA are also used to manufacture and process plastics as well as other materials, chemicals, and products, and the agency states that they are probable human carcinogens.
On July 24, EPA published the proposed designations in the Federal Register, with instructions for submitting feedback during a 90-day public comment period closing Oct. 23. Available in the docket on Regulations.gov are documents for each substance that outline the information, analysis, and basis that EPA used to support its proposed designations. Further details can be found in EPA’s press release announcing the proposed high-priority substance designations.
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Indoor Heat Standard Adopted by California Standards Board
A new regulation approved in June by California’s Occupational Safety and Health Standards Board, the standards-setting agency within Cal/OSHA, is intended to protect indoor workers from heat illness. The standard became effective immediately after it was approved by the state’s Office of Administrative Law on July 24 and applies to most indoor workplaces, including restaurants, warehouses, and manufacturing facilities. Local and state correctional facilities are exempt from the standard. Also exempt are emergency operations that are “directly involved in the protection of life or property.”
The standard’s requirements take effect when the indoor temperature reaches or exceeds 87 F when employees are present. Employers must provide workers with access to cool-down areas that are kept below 82 F with physical barriers to shield workers from sources of radiant heat. Additional requirements cover assessment and control measures, emergency response procedures, acclimatization, and training for both employees and supervisors. Employers are also required to establish, implement, and maintain effective written heat illness prevention plans.
California employers that have both indoor and outdoor workplaces may be covered under both the new regulation and other state regulations that apply to outdoor workplaces. A chart from Cal/OSHA compares the state’s indoor and outdoor heat illness prevention standards.
The text of the regulation is available as a PDF from the website of the California Department of Industrial Relations (DIR). Learn more from the department’s news release and the DIR webpage on indoor heat illness prevention.
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Company Voluntarily Rescinds NIOSH Approvals for Two N95 Respirators
A notice published in early July by NIOSH states that the agency has honored the request of the company Venus Safety & Health Pvt., Ltd. to voluntarily rescind two of its respirator approvals. As of July 1, N95 filtering facepiece respirators bearing the approval numbers 84A-5634 and 84A-9365 are no longer approved by NIOSH and may no longer be used, manufactured, assembled, sold, or distributed. The agency directs individuals to contact Venus Safety & Health with any questions about the company’s decision to voluntarily rescind these approvals.
NIOSH’s certified equipment list can be used to confirm testing and certification approval numbers, which are printed on NIOSH-approved respirators. The website of the agency’s National Personal Protective Technology Laboratory provides a list of additional guidance documents intended to inform users of respiratory protective devices.
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CSB Releases Safety Video on Fatal Acetic Acid Release
On July 11, the U.S. Chemical Safety and Hazard Investigation Board (CSB) released a safety video on an acetic acid release that fatally injured two contract workers at the LyondellBasell LaPorte Complex in LaPorte, Texas, on July 27, 2021. Titled “Designed to Fail: Chemical Release at LyondellBasell,” the video features animations depicting the circumstances that led to the incident. Voice-over narration and commentary from CSB Board Member Sylvia Johnson, PhD, and investigator Benjamin Schrader, PE, explain the agency’s findings and safety recommendations to the American Society of Mechanical Engineers (ASME), the American Petroleum Institute (API), and LyondellBasell.
The acetic acid release occurred after three contracted workers inadvertently removed the bolts securing the cover of a pressure-retaining valve when attempting to repair a leaking pipe. The valve cover and plug ejected, and all three workers were sprayed with about 164,000 pounds of acetic acid mixture at a temperature of 238 F. Two contractors were killed, and the third contractor and a LyondellBasell employee were seriously injured.
The CSB video outlines two major safety issues that contributed to the incident’s severity. First, the valve was not designed in a way that prevented human error. Second, LyondellBasell failed to develop a written procedure for safely removing plug valve actuators or ensure that contractors were capable of doing the work.
CSB’s safety video may be viewed on YouTube. More information is available in the agency’s press release about the video and webpage for the July 2021 incident.
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OSHA Releases Proposed Heat Standard
In July, OSHA submitted its new proposed rule, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, for publication in the Federal Register. While the official proposed rule was not yet published when this issue of The Synergist went to press, an unofficial version of the regulatory text is available as a PDF from OSHA’s webpage on the heat rulemaking. The agency will begin accepting comments on the proposal once the official version is published in the Federal Register. OSHA also indicated that it will likely hold a public hearing on the rule after the comment period closes.
OSHA notes that heat is the leading cause of weather-related deaths in the U.S. The agency expects that if the rule is finalized, it will help protect approximately 36 million workers from heat and “substantially reduce” workplace heat injuries, illnesses, and deaths. Provisions of the proposed rule would require affected employers to develop and implement site-specific heat injury and illness prevention plans as well as plans to acclimatize new or returning workers who may be unaccustomed to working in high-heat conditions. The proposed rule also addresses requirements for drinking water, rest breaks, and control of indoor heat.
The standard would apply to all employers with some exceptions. These include employers of first responders and workers not exposed to temperatures above OSHA’s “initial heat trigger,” defined as a heat index of 80 F or a wet bulb globe temperature equal to the heat stress alert limits recommended by NIOSH for unacclimatized workers.
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MSHA Posts FAQ on New Silica Rule
An FAQ posted to the MSHA website explains requirements of the agency’s new silica rule, which went into effect in June. The FAQ addresses sampling methods for respirable crystalline silica (RCS), exposure monitoring, corrective actions for overexposures, respiratory protection, and recordkeeping.
MSHA’s new rule lowered its permissible exposure limit for RCS to 50 µg/m3 as an eight-hour time-weighted average and requires mine operators to use respirable particle size-selective samplers that meet ISO 7708:1995, Air Quality—Particle Size Fraction Definitions for Health-Related Sampling. The previous RCS PEL was 100 µg/m3 “reported as an equivalent full-shift TWA concentration as measured by the Mining Research Establishment (MRE) instrument,” the FAQ explains.
Coal mine operators have until April 14, 2025, to comply with the new rule. Metal and nonmetal mine operators have until April 8, 2026.
For more information, refer to the FAQ and to the silica rule in the Federal Register.
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Tox Profile Published for Chemical Compounds Used in Asphalt, Other Industries
A new final toxicological profile for creosote, which includes products such as wood creosote, coal tar creosote, coal tar, coal tar pitch, and coal tar pitch volatiles, is available from the Agency for Toxic Substances and Disease Registry. ATSDR describes these products as “mixtures of many chemicals created by burning of beech and other woods, coal, or from the resin of the creosote bush.” Workers who may be exposed to creosote compounds like coal tar pitch and coal tar pitch volatiles include those in the asphalt, rubber, aluminum, iron, steel, tire, and coke-producing industries. Workers who build fences, bridges, or railroad tracks or who install telephone poles may also be exposed to wood treated with creosote.
An information sheet accompanying ATSDR’s new tox profile describes a number of health effects observed among workers and laboratory animals exposed to creosote. Some studies link skin rashes, severe skin irritation, and chemical burns to the surface of the eye with exposure to creosote compounds. Other studies of workers and laboratory animals found that breathing coal tar in the air can lead to breathing problems and respiratory tract irritation. ATSDR notes that workers exposed to creosote long term had an increase in cancer of the respiratory tract, skin, lung, pancreas, kidney, scrotum, prostate, rectum, bladder, and central nervous system.
Tox profiles are peer-reviewed evaluations of toxicological information on hazardous substances. A full list of toxic substances with published profiles is available on ATSDR website.
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NIOSH Suggests Dust, Noise Controls for Pharmaceutical Manufacturing Facility
NIOSH has published a health hazard evaluation (HHE) report detailing the agency’s recommendations for controls at a pharmaceutical manufacturing facility. In October 2023, NIOSH staff visited the facility, which mostly prepared and packaged placebos for use in clinical trials, to assess employees’ exposures to dust and noise. Although the evaluators did not measure dust or noise levels exceeding the relevant occupational exposure limits, the report lists controls to help the employer maintain a safe workplace.
To help reduce airborne dust, NIOSH recommends that employees stop using compressed air to blow dust and powder off clothing and to use compressed air as little as possible to clean equipment. Instead, NIOSH recommends that employees use a vacuum equipped with and certified for a high-efficiency particulate air filter. The report advises the employer to consult with an engineer to find ways to handle bulk powders in closed systems and to provide tables that adjust to different heights to reduce the distance powder is moved.
NIOSH staff measured the highest noise levels when employees used compressed air, so the report also recommends that workers stop using compressed air when manufacturing pharmaceuticals or packaging equipment. Employees should continue using hearing protection as long as compressed air remains in use and during other high-noise tasks. The employee responsible for bleeding nitrogen from a tank should wear both earplugs and earmuffs, the report states.
The HHE report may be downloaded as a PDF from NIOSH’s HHE report library.