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Federal Register/Vol. 85, No. 135/Tuesday, July 14, 2020/Rules and Regulations

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Federal Register/Vol. 85, No. 135/Tuesday, July 14, 2020/Rules and Regulations 42582 Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Rules and Regulations DEPARTMENT OF LABOR XI. Summary and Explanation of the Final I. Executive Summary Rule On January 9, 2017, OSHA published Occupational Safety and Health List of Subjects for 29 CFR Part 1910 a final rule on Occupational Exposure to Administration Authority Beryllium and Beryllium Compounds Citation Method (82 FR 2470). This rule created health 29 CFR Part 1910 In the docket for this rulemaking standards for beryllium exposure in the [Docket No. OSHA–2018–0003] found at http://www.regulations.gov, general industry (29 CFR 1910.1024), RIN 1218–AD20 every submission was assigned a construction (29 CFR 1926.1124), and document identification (ID) number shipyards (29 CFR 1915.1024) sectors. Revising the Beryllium Standard for that consists of the docket number On December 11, 2018, OSHA General Industry (OSHA–2018–0003) followed by an published a Notice of Proposed additional four-digit number. For Rulemaking (NPRM) in which the AGENCY: Occupational Safety and Health agency proposed various amendments Administration (OSHA), Labor. example, the document ID number for the proposed rule is OSHA–2018–0003– to the beryllium standard for general ACTION: Final rule. 0016. Some document ID numbers industry (83 FR 63746). With the include one or more attachments (see, proposed revisions, OSHA sought to SUMMARY: OSHA is amending its clarify certain provisions and simplify existing general industry standard for e.g., Document ID OSHA–2018–0003– 0026). or improve compliance with the occupational exposure to beryllium and beryllium standard for general industry. When citing exhibits in the OSHA– beryllium compounds to clarify certain In this final rule, OSHA is finalizing the 2018–0003 docket in this preamble, provisions and simplify or improve majority of the changes proposed in the OSHA includes the term ‘‘Document compliance. The revisions in this final NPRM, with some revisions intended to ID’’ followed by the last four digits of rule are designed to maintain or address concerns raised by stakeholders the document number; the attachment enhance worker protections overall by during the comment period. OSHA number or other attachment identifier, if ensuring that the rule is well believes that these changes to the necessary for clarity; and page numbers understood and compliance is more standard will maintain safety and health (designated ‘‘p.’’ or ‘‘pp.’’). In a citation straightforward. protections for workers and will further that contains two or more document ID DATES: This final rule becomes effective enhance worker protections by ensuring numbers, the document ID numbers are on September 14, 2020. that the standard is well-understood. separated by semi-colons. For example, ADDRESSES: In accordance with 28 The changes to the final standard for a citation referring to National Jewish general industry are fully discussed in U.S.C. 2112(a)(2), OSHA designates Health’s comments and the first Edmund C. Baird, Associate Solicitor of Section XI, Summary and Explanation attachment to Materion Brush, Inc.’s of the Final Rule. Broadly, OSHA Labor for Occupational Safety and comments would be indicated as Health, to receive petitions for review of proposed to add one definition and follows: (Document ID 0022, pp. X–X; modify five existing terms in paragraph the final rule. Contact the Associate 0038–A1, p. X). Solicitor at the Office of the Solicitor, (b), Definitions; to amend paragraph (f), Room S–4004, U.S. Department of Occasionally this preamble refers to Methods of compliance; paragraph (h), Labor, 200 Constitution Avenue NW, documents located in the rulemaking Personal protective clothing and Washington, DC 20210; telephone: (202) dockets that were used for previous equipment; paragraph (i), Hygiene areas 693–5445. beryllium rulemaking activities, and practices; paragraph (j), including the 2017 final rule. When FOR FURTHER INFORMATION CONTACT: Housekeeping; paragraph (k), Medical citing exhibits in other dockets, OSHA Press inquiries: Mr. Frank Meilinger, surveillance; paragraph (m), includes the term ‘‘Document ID’’ OSHA Office of Communications, Communication of hazards; and followed by the full document number. Occupational Safety and Health paragraph (n), Recordkeeping; and to For example, this preamble cites a Administration; telephone: (202) 693– replace the 2017 final standard’s publication by Armstrong et al. (2014), 1999; email: [email protected]. Appendix A with a new appendix General information and technical titled ‘‘Migration of beryllium via designed to supplement the proposed inquiries: Ms. Maureen Ruskin, multiple exposure pathways among definition of beryllium work area. Directorate of Standards and Guidance, work processes in four different OSHA is finalizing these provisions as Occupational Safety and Health facilities,’’ designated Document ID proposed, with the following Administration; telephone: (202) 693– OSHA–H005C–2006–0870–0502. exceptions. First, OSHA is revising the 1950; email: [email protected]. The exhibits in the docket (and the definition of confirmed positive to state SUPPLEMENTARY INFORMATION: other beryllium-rulemaking dockets that the findings of two abnormal, one cited in this preamble), including public abnormal and one borderline, or three Table of Contents comments, supporting materials, borderline results need to occur from I. Executive Summary meeting transcripts, and other beryllium lymphocyte proliferation tests II. Events Leading to the Final Rule documents, are listed on http:// (BeLPTs) conducted within a three-year III. Legal Considerations www.regulations.gov. All exhibits are period. This differs from the definition IV. Final Economic Analysis and Regulatory listed in the docket index on http:// proposed in the 2018 NPRM, which Flexibility Act Certification (FEA) www.regulations.gov, but some exhibits would have required that any V. Office of Management and Budget (OMB) (e.g., copyrighted material) are not combination of test results specified in Review Under the Paperwork Reduction available to read or download from that the definition must be obtained within Act of 1995 website. All materials in the docket are the 30-day follow-up test period VI. Federalism VII. State Plans available for inspection at the OSHA required after a first abnormal or VIII. Unfunded Mandates Reform Act Docket Office, Room N–3508, U.S. borderline BeLPT test result. Second, IX. Consultation and Coordination With Department of Labor, 200 Constitution OSHA is modifying the proposed Indian Tribal Governments Avenue NW, Washington, DC 20210; paragraph (j)(3), which requires X. Environmental Impacts telephone (202) 693–2350. employers to take certain actions when VerDate Sep<11>2014 19:02 Jul 13, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14JYR3.SGM 14JYR3 Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Rules and Regulations 42583 transferring materials that contain at II. Events Leading to the Final Rule amending the text of the beryllium least 0.1 percent beryllium by weight or On January 9, 2017, OSHA published standard for general industry to clarify that are contaminated with beryllium the final rule Occupational Exposure to OSHA’s intent with respect to certain outside a plant for the purpose of Beryllium and Beryllium Compounds terms in the standard, including the disposal, recycling, or reuse, to clarify (2017 final rule) in the Federal Register definition of beryllium work area that only transfers outside of a plant, (82 FR 2470).1 Therein, OSHA (BWA), the definition of emergency, and including between facilities owned by concluded that employees exposed to the meaning of the terms dermal contact the same employer, are subject to the beryllium and beryllium compounds at and beryllium contamination (see 83 FR labeling requirements of paragraph the preceding permissible exposure at 19938). The DFR also clarified (m)(3). limits (PELs) were at significant risk of OSHA’s intent with respect to Third, in paragraphs (k)(2)(iii) and material impairment of health, provisions for disposal and recycling (iv), OSHA is modifying the proposed specifically chronic beryllium disease and with respect to provisions that the provisions pertaining to an employer’s (CBD) and lung cancer. The agency agency intended to apply only where obligation to offer a medical further determined that limiting skin can be exposed to materials examination after an employee is employee exposure to an 8-hour time- containing at least 0.1% beryllium by exposed to beryllium in an emergency. weighted average (TWA) PEL of 0.2 mg/ weight (83 FR at 19938). Because the Fourth, OSHA is amending proposed m3 would reduce this significant risk to agency did not receive any significant paragraph (k)(7)(i) to require that an the maximum extent feasible. Therefore, adverse comments, OSHA published a examination at a chronic beryllium the 2017 final rule adopted a TWA PEL Federal Register notice confirming the disease (CBD) diagnostic center be of 0.2 mg/m3. In addition to the revised effective date of the DFR as July 6, 2018, scheduled within 30 days of the PEL, the 2017 final rule established a and withdrawing the companion NPRM employer receiving certain types of new short-term exposure limit (STEL) of (83 FR 31045 (July 3, 2018)). documentation, listed in paragraph 2.0 mg/m3 over a 15-minute sampling On December 11, 2018, OSHA (k)(7)(i)(A) and (B), that trigger period and an action level of 0.1 mg/m3 published
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