Federal Register / Vol. 68, No. 250 / Wednesday, December 31, 2003 / Proposed Rules 75475

DEPARTMENT OF LABOR glycol ethers (2-ME, 2-EE, 2-MEA, 2- production levels in the late 1980s (Ex. EEA) (58 FR 15526). Based on a review 302–X, pp. 597; 67 FR 51524). The four Occupational Safety and Health of scientific studies and other available glycol ethers had been or were being Administration evidence, OSHA preliminarily eliminated from critical use areas (e.g., determined that the existing PELs were construction paints and coatings, 29 CFR Part 1910 not adequate to protect an printing inks, military jet fuel) and key [Docket No. H–044] approximately 46,000 exposed workers industry sectors (e.g., automotive, from significant risks of adverse electronics, semiconductor) (Exs. 11–18; RIN 1218–AA84 reproductive and developmental health 19B; 28; 29A; 48; 53; 58; 302–X, pp. effects. The Agency held informal Occupational Exposure to 2- 596–600). For example, these glycol public hearings on the proposal, and the ethers were no longer used in Methoxyethanol, 2-Ethoxyethanol and record closed in March 1994. Their Acetates (Glycol Ethers) automotive refinishing, which had On August 8, 2002, OSHA reopened accounted for about 86 percent of the the rulemaking record to solicit AGENCY: Occupational Safety and Health affected establishments and 57 percent information on the extent to which Administration (OSHA), Labor. of all exposed workers. Production of 2- these glycol ethers are still produced ACTION: Withdrawal of proposed rule; MEA had been phased out completely termination of rulemaking. and used in the workplace (67 FR 51524). The Agency also requested and the use of 2-ME as a military jet fuel additive, its primary use, was to be SUMMARY: OSHA is withdrawing its information on substitutes for the four phased out before 2000 (Ex. 302–X, pp. proposed standard on Occupational glycol ethers that employers may be 597–98). Thus, by the close of the Exposure to 2-Methoxyethanol (2-ME), using, including information on patterns rulemaking record in 1994, most 2-Ethoxyethanol (2-EE), and their of use, degree of toxicity, and levels of downstream use had been eliminated Acetates (2-MEA, 2-EEA) (four glycol employee exposure to the substitutes. ethers). Production and use of the four The comment period closed on (Ex. 58; 302–X, pp. 596–600). Where 2- glycol ethers either have ceased or are November 6, 2002. OSHA received only ME, 2-EE and 2-EEA were still virtually limited to ‘‘closed systems’’ six comments. While this action does manufactured, their production was where exposure levels more than 10 not meet any of the criteria for an virtually limited to ‘‘closed systems’’ years ago already were at or below the economically significant or major rule where, even more than 10 years ago, proposed permissible exposure limits as specified by Executive Order or average exposures (both arithmetic and (PELs). Because there are few, if any, relevant statutes, it was reviewed by geometric averages) already were at or remaining opportunities for workplace OMB pursuant to Executive Order below the proposed PELs (Ex. 302–X, exposure to these glycol ethers and little 12866. pp. 597–98; 58 FR 15582). or no potential for exposure in the II. Reasons for Withdrawal of the More recent data confirm that use of future because of the availability of less- Proposed Standard and exposure to these glycol ethers have toxic substitutes, OSHA has concluded declined further and are now very Based on evidence of adverse that the proposed rule is no longer limited (Ex. 64–1; 64–1–1. See also, SRI, reproductive and developmental health necessary. Chemical Economics Handbook (CEH) effects associated with exposure to the 663.5000 et seq. (September 2000)). By DATES: This withdrawal is effective four glycol ethers (e.g., Exs. 19, 19A, 1999, use of 2-EE had fallen 70 percent, December 31, 2003. 19B, 24 A–C), some commenters urged FOR FURTHER INFORMATION CONTACT: OSHA to issue a final standard on glycol from a peak of 175 million pounds in OSHA, Mr. George Shaw, Office of ethers (e.g., Exs. 64–2; 64–4; 64–5). 1980, and 2-ME use had dropped 96 Communications, U.S. Department of However, OSHA has decided to percent, to just 3 million pounds, Labor, Room N–3647, 200 Constitution terminate the rulemaking because according to the Ethylene Glycol Ethers Avenue, NW., Washington, DC 20210; production, use and exposure to these Panel of the American Chemistry telephone: (202) 693–1890 (OSHA’s glycol ethers has ceased or is virtually Council (ACC), formerly Chemical TTY number is (877) 889–5627). limited to closed system production Manufacturers Association (Ex. 64–1–1; For additional copies of this Federal where there is little opportunity for CEH 663.5001A–H). Of the glycol ethers Register notice, contact OSHA, Office of employee exposure. Exposure levels in still produced, more than 55 percent Communications, U.S. Department of those operations already are at or below was exported and more than 40 percent Labor, Room N–3101, 200 Constitution the proposed PELs. In addition, use of was used to produce 2-EEA in closed Avenue NW., Washington, DC 20210; these glycol ethers has largely been systems, where average exposure levels telephone (202) 693–1888. Electronic replaced by less-toxic substitutes. are at or below the proposed PELs and copies of this Federal Register notice, as Production and use of the four glycol in most cases less than one-half the well as news releases and other relevant ethers have declined substantially or proposed PELs (Ex. 64–1–1; 58 FR documents, are available at OSHA’s ceased completely since the proposed 15582, Table VIII–2). All other domestic Webpage on the Internet at http:// rule was published. Starting in the consumption totaled less than 4 percent www.OSHA.gov. 1990s employers began moving away (5 million pounds). (See Table 1.) SUPPLEMENTARY INFORMATION: from using these glycol ethers due to Finally, OSHA also notes that the very increasing awareness of their adverse few comments submitted in response to I. Background health effects. As early as the mid- the record reopening may be further On March 23, 1993, OSHA proposed 1990s, production and use of these indication of the decline in use and to reduce the existing PELs for four glycol ethers had dropped from peak exposure to the four glycol ethers:

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TABLE 1.—CONSUMPTION OF ETHYLENE GLYCOL ETHERS, 1999 (MILLIONS OF POUNDS)

Other U.S. Acetate consump- Exports Total production tion

2-EE ...... 52 1 0 53 2-EEA ...... 0 1 71 72 2-ME ...... 0 3 0 3 2-MEA ...... 0 0 0 0

Total for all glycol ethers ...... 52 5 71 128 (40.6%) (3.9%) (55.5%) (100%) Source: Ex. 64–1–1 (citing SRI, Chemical Economics Handbook (September 2000)).

There is now effectively only one 663.5000E–F). Of these substitutes, EB OSHA is devoting its resources to producer of these glycol ethers is now the largest volume glycol ether rulemaking projects where there is remaining in the United States, Equistar (64 FR 42127, August 3, 1999), greater potential for employee exposure. Chemicals (Exs. 64–1; 64–1–1), whose accounting for 44 percent of all glycol Authority and Signature production is virtually limited to closed ethers consumed domestically (CEH systems so employees have little 663.5000E). This document was prepared under opportunity for exposure. According to Some commenters raised concerns the direction of John L. Henshaw, ACC, Equistar exports the bulk of the about the potential toxicity of some Assistant Secretary of Labor for glycol ethers it produces (Ex. 64–1). The substitutes, particularly longer chain Occupational Safety and Health, U.S. Chemical Economics Handbook ethylene glycol ethers, and urged OSHA Department of Labor. It is issued confirms this, reporting that the four to promulgate standards addressing pursuant to section 6 of the glycol ethers are no longer sold in the these substances (Exs. 64–2, 64–4, 64– Occupational Safety and Health Act of United States (CEH 663.5000R–S). 5). For example, the California 1970 (84 Stat. 1594, 29 U.S.C. 655), 29 (OSHA notes that Eastman Chemical Department of Health Services said the CFR 1911, and Secretary’s Order 5–2002 Company also produces a small amount following glycol ethers have been (67 FR 65008). of 2-EE in a closed system, but only for shown to produce adverse reproductive Signed at Washington, DC, this 23rd day of in-house use as a site-limited and developmental health effects: December, 2003. intermediate in the production of ethylene glycol dimethyl ether, ethylene John L. Henshaw, another product (Ex. 64–1). glycol diethyl ether, diethylene glycol Assistant Secretary of Labor. Prior to 2001, Dow Chemical dimethyl ether, diethylene glycol Company and Union Carbide, the largest diethyl ether, triethylene glycol [FR Doc. 03–32018 Filed 12–30–03; 8:45 am] producer of these glycol ethers, dimethyl ether, propylene glycol methyl BILLING CODE 4510–26–M produced almost 60 percent of these ether-beta, and propylene glycol methyl glycol ethers (CEH 663.5000Q). In 2001, ether acetate-beta (Ex. 64–5). However, Dow acquired Union Carbide (Exs. 64– OSHA received little information on the DEPARTMENT OF THE INTERIOR 1; 64–1–1). Last year, Dow stopped degree to which these substances are manufacturing these glycol ethers, used in workplaces and the extent to Office of Surface Mining Reclamation moving instead to producing less-toxic which employees are currently exposed and Enforcement E-series butyl glycol ethers (e.g., EB) to them. Therefore, OSHA is not able to (Exs. 64–1; 64–1–1. CEH 663.5000Q). determine, based on this rulemaking 30 CFR Part 917 III. Substitutes record, whether those substitutes need [KY–243–FOR] to be addressed. There is little or no future potential OSHA notes that information Kentucky Regulatory Program exposure to the four glycol ethers submitted to the Environmental AGENCY: because their use has largely been Protection Agency indicates that some Office of Surface Mining replaced by less-toxic substitutes. substitutes do not appear to have the Reclamation and Enforcement (OSM), According to ACC, a number of level of toxicity of the four glycol ethers Interior. substitutes are available, including other (65 FR 47342, August 2, 2000; 64 FR ACTION: Notice of withdrawal of ethylene glycol ethers, propylene glycol 42125, August 3, 1999. See also EPA proposed rule. ethers and other types of solvents (Ex. Docket No. A–99–24). Based on such SUMMARY: 64–1). The Chemical Economics We are announcing a decision information, EPA is currently that House Bill 556, passed by the Handbook reports that use of the four considering whether the delist EB from Kentucky General Assembly on March glycol ethers has been replaced the hazardous air pollutants list 15, 2002, designating the ridge top of primarily by E-series butyl glycol ethers established by the Clean Air Act. EB is Pine Mountain as the Pine Mountain (EB), P-series glycol ethers, and ethyl-3- the most prevalent of the substitutes, Trail State Park, does not meet the ethoxypropionate (EEP). For example, accounting for 44 percent of all glycol criteria to be deemed an amendment to ethylene glycol monobutyl ether acetate, ether consumed domestically. diethylene glycol monobutyl ether In conclusion, given the very limited the Kentucky Regulatory Program. acetate, and propylene glycol production, use and exposure to these EFFECTIVE DATES: December 31, 2003. monomethyl acetate have replaced the glycol ethers and the lack of potential FOR FURTHER INFORMATION CONTACT: use of 2-EEA (CEH 663.5000O). By 1999, future workplace exposure due to the William J. Kovacic, Director, Lexington the various substitutes accounted for availability and increasing use of less- Field Office, Telephone (859) 260–8400, about 80 percent of all glycol ethers toxic substitutes, OSHA is withdrawing e-mail: [email protected]. consumed domestically (CEH the proposed standard. Accordingly, SUPPLEMENTARY INFORMATION:

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