DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

RIN 1218-AAA95

Methylene Chloride; Amendment; Extension of Start-up Dates

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

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

SUMMARY: The Occupational Safety and Health Administration (OSHA) is extending the start-up date for most provisions of the methylene chloride standard for larger employers by 45 days to December 21, 1997. Larger employers were required to commence initial monitoring by September 7, 1997, and that date is unchanged. OSHA is also extending the start-up date for initial monitoring for foam manufacturers with 20 to 99 employees by 45 days to December 21, 1997, Employers with fewer than 20 employees have later start-up dates, which are not changed.

DATES: The effective date of this amendment is October 20, 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 December 21, 1997 (255 days after the effective date of the standard). The start-up date for the initial monitoring provision of the methylene chloride standard is extended to December 21, 1997 (255 days after the effective date of the standard) for employers specified in 1910.1052(n)(2)(i)(B).

FOR FURTHER INFORMATION CONTACT: Bonnie Friedman, 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 manufactures 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.

On September 15, 1997 (62 FR 48175), OSHA published a notice extending the start-up date for all provisions of the standard except initial monitoring (and engineering controls, which already had a later start-up date) from October 7, 1997 to November 6, 1997 for "all other employers." Other start-up dates were left unchanged.

OSHA has concluded that an additional 45 days (to December 21, 1997) is needed for implementation of the provisions except initial monitoring and engineering controls for "all other employers." This allows for a more efficient and effective implementation of those provisions. OSHA has also concluded that an additional 45 days (to December 21, 1997) is needed for foam manufacturers with between 20 and 29 employees to comply with the initial monitoring requirements. OSHA is amending paragraphs 1910.1052(n)(2)(i)(B) and 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 remains unchanged. 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 to implement certain 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, D.C. 20210.

Signed at Washington, DC this 15th day of October 1997.

Gregory R. Watchman,
Acting Assistant Secretary of Labor.

List of Subjects in 29 CFR Part 1910

Chemicals, Hazardous Substances, Occupational safety and health, Reporting and recordkeeping requirements.

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.

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1910.1052 Methylene Chloride.

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(2) * * *

(i) * * *

(B) for polyurethane foam manufactures with 20 to 99 employees with 255 days after the effective date of this section.

(ii) * * *

(iii) * * *

(C) For all other employers within 255 days after the effective date of this section.

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