thesynergist | NEWSWATCH
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EPA Finalizes Bans of TCE and PCE
In December, EPA finalized risk management rules for two solvents that are often used as alternatives for each other: trichloroethylene (TCE) and perchloroethylene (PCE). The new rules ban all uses of TCE and many uses of PCE.
Most uses of TCE, including its manufacture and processing for all consumer and most commercial products, will be prohibited within one year. All other uses of TCE will be phased out over a longer period, with EPA requiring compliance with a workplace chemical protection program and controls intended to limit occupational exposure to the substance. The rule establishes an interim existing chemical exposure limit of 0.2 ppm as an eight-hour time-weighted average (TWA). “By interim ECEL, EPA means an ECEL that is in place only for the timeframes indicated for each condition of use, after which prohibitions would take effect,” the rule explains. EPA’s original proposal included an interim ECEL of 0.0011 ppm based on developmental toxicity; the final rule acknowledges that this level “is significantly lower than the detection limits of available monitoring and analytical methods for TCE.” OSHA’s permissible exposure limit (PEL) for TCE is 100 ppm, while the Cal/OSHA PEL is 25 ppm and the ACGIH Threshold Limit Value (TLV) is 10 ppm (all eight-hour TWAs). The TCE rule was published Dec. 17 and went into effect Jan. 16.
Most uses of PCE are required to be phased out in less than three years, but the rule incorporates a 10-year phaseout for PCE’s uses in dry cleaning to allow small businesses time to transition away from the chemical. Uses of PCE related to national security, aviation, and other critical infrastructure are among those that will be allowed to continue. Workplaces that continue using PCE must follow a workplace chemical protection program, which includes an ECEL of 0.14 ppm as an eight-hour TWA, far lower than the OSHA PEL of 100 ppm and the ACGIH TLV of 25 ppm, both of which are also eight-hour TWAs. Workplaces must also put in place direct dermal contact controls as well as other exposure controls. The PCE rule was published Dec. 18 and went into effect Jan. 17.
“These rules are grounded in the best-available science that demonstrates the harmful impacts of PCE and TCE,” said Michal Freedhoff, EPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention.
TCE is used mostly in industrial and commercial applications such as vapor degreasing and the manufacture of certain refrigerants. The solvent is also used by consumers in cleaning and furniture care products, spray coatings for arts and crafts, and automotive care products like brake cleaners. PCE, also known as perc, is used in applications such as dry cleaning, aerosol degreasing, petroleum manufacturing, and fluorinated compound production. Both TCE and PCE are known to cause cancer.
EPA’s announcement of the rules indicated that the agency plans to release compliance guides for the TCE rule and for the use of PCE in dry cleaning and energized electrical cleaning.
The rules are available in the Federal Register (TCE and PCE). For more information, see EPA’s announcement of the rules and the agency’s risk management pages for TCE and PCE.
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EPA Requires Data Reporting for 16 Chemicals
An EPA rule published in December requires manufacturers and importers to provide the agency with unpublished health and safety studies for benzene, naphthalene, styrene, and 13 other chemicals. EPA is also requiring the submission of unpublished studies related to environmental effects and exposures to workers, consumers, and the general population.
“The chemicals [. . .] are of particular interest to EPA because they are either in the process of prioritization as candidates for high-priority designation for risk evaluation or are expected to be candidates in upcoming years,” the agency announced.
EPA had previously identified five of the chemicals—MBOCA, acetaldehyde, acrylonitrile, benzenamine, and vinyl chloride—as high-priority substances for risk evaluation.
The rule went into effect on Jan. 13. For more information, read the rule in the Federal Register or refer to the EPA news release. Updates on EPA’s prioritization of chemicals under the Toxic Substances Control Act are available from the EPA website.
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EPA Finalizes Process for Reviewing New Chemicals
EPA has finalized a rule that changes the way the agency reviews new chemicals. The rule’s requirements concern agency practices related to exemptions and determinations of safety.
The rule makes per- and polyfluoroalkyl substances (PFAS) ineligible for exemptions from the full review process. EPA can grant such exemptions for chemicals that are manufactured in low quantities or that have low environmental releases or little human exposure. Some PFAS have received these exemptions in the past. The new rule eliminates this possibility.
Additionally, exemptions will no longer be granted for certain persistent, bioaccumulative, or toxic (PBT) chemicals. These compounds are highly toxic, resistant to degradation, and move easily through the environment.
The rule requires EPA to make formal determinations of safety for every new chemical that manufacturers submit to the agency for approval. Previously, EPA made such determinations for only about 20 percent of new chemical submissions. Under the rule, EPA must make one of five safety determinations before a new chemical can be manufactured or processed. The possible determinations include that a substance presents, may present, or does not present an unreasonable risk or injury to health or the environment. EPA’s other options are to determine that insufficient information is available to evaluate the effects of the substance, or that its production quantities are large enough to anticipate that substantial amounts will enter the environment or result in substantial human exposure.
The rule went into effect Jan. 17. For more information, read the rule and the agency’s press release.
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NIOSH Proposes Solutions to Noise, Ototoxicant Exposures in Recycling
A NIOSH “Workplace Solutions” document provides information about reducing hearing loss among the nearly 160,000 recycling workers at U.S. facilities that handle automotive or industrial scrap, electronic waste, and other materials. Exposures to noise and ototoxicants, or chemicals that can damage hearing, can contribute to the risk of hearing loss for recycling workers, the publication explains. Examples of potential ototoxicants include lead and cadmium, substances NIOSH has found during health hazard evaluations of both electronic waste recycling centers and other recycling facilities. Since recycling workers are likely to be exposed to both ototoxicants and noise, the agency notes that combined exposure may contribute to greater damage to hearing.
Many recycling facilities are indoor, fixed sites, but some recycling now occurs in mobile shredding trucks, which NIOSH says “present unique safety and health risks for workers because of the confined space” in the backs of the trucks. Occupational exposures to particulate dusts and temperature extremes, in addition to noise and metals exposures, are of concern for recycling workers in these settings.
Other potential settings for recycling work include correctional facilities, some of which have on-site recycling operations. And in some communities, incarcerated individuals may be involved in recycling work at municipal recycling facilities. According to NIOSH, incarceration is among the factors that can “contribute to higher rates of illness and injury (including hearing loss) among some workers.” Additional factors that may increase risks to recycling workers’ health include informal employment or temporary worker status.
Available from the NIOSH website, the document outlines controls that can help prevent adverse effects from noise and chemical exposures in recycling workers.
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PPE Standard for Construction Now Requires Proper Fit
Through a final rule published in December, OSHA amended its personal protective equipment standard for construction to explicitly state that PPE must fit workers properly. The change brings the standard into alignment with the PPE standards for general industry and shipyards, which already required properly fitting PPE.
The text of the rule notes that it does not represent a significant change since OSHA has always interpreted the PPE in construction standard to require properly fitting PPE. The rule is intended to clarify employers’ existing obligations, OSHA states.
“[I]t is clear from the record that workers in the construction industry have either struggled to obtain properly fitting PPE or are still being provided PPE that does not fit,” the text of the rule reads. “This often leaves these employees exposed to the hazards the PPE is meant to protect against and may be creating additional hazards.”
The rule went into effect Jan. 13. Read the rule in the Federal Register.
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EPA Finalizes Exposure Limit for Carbon Tetrachloride
A final rule from EPA requires employers to adopt worker protections for the solvent carbon tetrachloride. CTC has been banned in consumer products since 1970, and many uses were phased out in the 1990s, but it is still used in the production of refrigerants, aerosol propellants, and foam-blowing agents.
While EPA is allowing certain uses of CTC to continue, employers are required to follow a workplace chemical protection plan described in the regulation. Elements of the plan include monitoring to ensure no one is exposed above the new existing chemical exposure limit (ECEL) of 0.03 ppm as an eight-hour, time-weighted average—a significant reduction compared to OSHA’s permissible exposure limit of 10 ppm, the ACGIH Threshold Limit Value of 5 ppm, and the NIOSH recommended exposure limit of 2 ppm (all eight-hour TWAs). The rule also implements an action level of 0.02 ppm as an eight-hour TWA and prohibits discontinued uses of CTC, such as its use as a fuel additive and in metal recovery.
The rule went into effect Jan. 17. Companies have 36 months to fully implement the workplace protection program. EPA had originally proposed a 12-month implementation period.
The International Agency for Research on Cancer classifies CTC as “possibly carcinogenic to humans” while the United States National Toxicology Program classifies it as “reasonably anticipated to be a human carcinogen.”
For more information, read the rule in the Federal Register, EPA’s news release, and the agency’s webpage on risk management for CTC.
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OSHA Fact Sheets Address Arc Flash Hazards and Other Topics
New and revised fact sheets published recently by OSHA focus on arc flash safety and other topics. Additional fact sheets are now available in Spanish.
Three new OSHA publications regarding arc flash safety accompany recently released guidance from the agency that includes recommendations that employers can use to address arc flash hazards within their safety and health programs. One new fact sheet describes arc flashes, their causes, and methods of prevention (PDF), and another outlines the importance of establishing boundaries around arc flash hazards (PDF). A shorter document explains common myths about electrical work (PDF).
A recently revised fact sheet provides recommendations for rescue or recovery workers and others who handle or work near human remains. OSHA notes that viruses associated with human remains can include hepatitis and HIV, and workers who handle remains may also be exposed to bacteria that can cause diarrheal diseases such as shigella and salmonella. Hand, foot, eye, and face protection and proper hand hygiene can help protect workers when handling human remains, the agency explains. Employers and workers should provide prompt care for any wounds that may occur during work with human remains and disinfect vehicles and other equipment. The fact sheet also provides an overview of ergonomic considerations. Both English- and Spanish-language versions of the publication are available for download from OSHA’s website.
Four other previously published fact sheets are newly available in Spanish. These documents address the safe use of portable generators and working safely with chainsaws, electricity, and around downed electrical wires. These and other publications are available from the OSHA website.
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Fatal Injuries Fell 3.7 Percent in 2023
The Bureau of Labor Statistics (BLS) announced in December that fatal occupational injuries fell from 5,486 in 2022 to 5,283 in 2023, a decrease of 3.7 percent. The rate of fatal work injuries in 2023 was 3.5 per 100,000 full-time workers, compared to 3.7 per 100,000 in 2022.
Transportation incidents were the most frequent cause of fatal work injuries in 2023, accounting for 1,942 or 36.8 percent. Construction had the most fatal injuries of all industrial sectors with 1,075—the sector’s highest total since 2011—followed by transportation and warehousing with 930.
Transportation and material moving occupations were the occupational group with the most fatalities in 2023 with 1,495, which nevertheless represented a 7.7 percent decrease from 2022. The occupation with the highest rate of fatal injuries continued to be farming, fishing, and forestry, with 24.4 per 100,000 full-time workers, nearly twice the rate of the next highest sector, transportation and material moving.
For more information, visit the BLS website.
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MSHA Adjusts Approval Requirements for Electric Mine Equipment
A final rule issued by MSHA in December incorporates by reference eight voluntary consensus standards that address electric motor-driven mine equipment and accessories used in gassy mining environments. The rule revises MSHA’s regulations on testing, evaluation, and approval specifications and requirements for such equipment. The changes are intended to allow more flexibility for product designers and manufacturers while preserving measures that help protect miners from fire and explosions, which can result from gassy mines’ hazardous atmospheres.
This rulemaking stems from comments MSHA received in 2018 in response to the agency’s request for stakeholders’ assistance in identifying existing regulations that could be repealed, replaced, or modified without reducing miners’ safety or health. Under the new rule, manufacturers and designers have the option to follow the voluntary consensus standards or MSHA’s existing requirements to seek agency approval for equipment.
The eight voluntary consensus standards adopted in the final rule are all approved by the American National Standards Institute and are ANSI 60079 series standards for explosive atmospheres. The standards apply to equipment protection by flameproof enclosures, intrinsic safety, and encapsulation, among other topics.
The rule went into effect on Jan. 9. For further details, see MSHA’s news release.
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EPA: No Rule Forthcoming on Lead Wheel Weights
EPA announced in December that it would not pursue rulemaking related to the manufacture, processing, or distribution in commerce of lead for wheel-balancing weights. The agency had published an advance notice of proposed rulemaking (ANPRM) on lead wheel weights in April 2024.
The automotive industry has used lead wheel weights to correct imbalances in car wheels. When the weights wear down or are improperly disposed of, lead particles can be released into the air. The ANPRM solicited information on such exposures, but EPA did not receive any submissions of data that it had not already considered, according to the agency.
Additionally, a comment submitted in response to the ANPRM by the Alliance for Automotive Innovation indicated that lead wheel weights are not used on new vehicles sold in the United States.
“EPA’s preliminary assessment shows extremely low risk associated with roadside exposure of lead wheel weights, even when making conservative assumptions,” EPA’s statement reads. It also notes that risk to children from such exposures is very small, even for those who live close to busy roadways.
Since EPA received a petition to regulate lead wheel weights in 2009, they have been banned in nine states and Canada.
More information about the agency’s decision is available on its website.