§5201. 1,3-Butadiene.

(A) Except for the recordkeeping provisions in subsection (m)(1), this section does not apply to the processing, use, or handling of products containing BD or to other work operations and streams in which BD is present where objective data are reasonably relied upon that demonstrate the work operation or the product or the group of products or operations to which it belongs may not reasonably be foreseen to release BD in airborne concentrations at or above the action level or in excess of the STEL under the expected conditions of processing, use, or handling that will cause the greatest possible release or in any plausible accident.

(B) This section also does not apply to work operations, products or streams where the only exposure to BD is from liquid mixtures containing 0.1% or less of BD by volume or the vapors released from such liquids, unless objective data become available that show that airborne concentrations generated by such mixtures can exceed the action level or STEL under reasonably predictable conditions of processing, use or handling that will cause the greatest possible release.

(C) Except for labeling requirements and requirements for emergency response, this section does not apply to the storage, transportation, distribution or sale of BD or liquid mixtures in intact containers or in transportation pipelines sealed in such a manner as to fully contain BD vapors or liquid.

(A) Determinations of employee exposure shall be made from breathing zone air samples that are representative of the 8-hour TWA and 15-minute short-term exposures of each employee.

(B) Representative 8-hour TWA employee exposure shall be determined on the basis of one or more samples representing full-shift exposure for each shift and for each job classification in each work area.

(C) Representative 15-minute short-term employee exposures shall be determined on the basis of one or more samples representing 15-minute exposures associated with operations that are most likely to produce exposures above the STEL for each shift and for each job classification in each work area.

(D) Except for the initial monitoring required under subsection (d)(2), where the employer can document that exposure levels are equivalent for similar operations on different work shifts, the employer need only determine representative employee exposure for that operation from the shift during which the highest exposure is expected.

(A) The employer shall institute engineering controls and work practices to reduce and maintain employee exposure to or below the PELs, except to the extent that the employer can establish that these controls are not feasible or where subsection (h)(1)(A) applies.

(B) Wherever the feasible engineering controls and work practices which can be instituted are not sufficient to reduce employee exposure to or below the 8-hour TWA or STEL, the employer shall use them to reduce employee exposure to the lowest levels achievable by these controls and shall supplement them by the use of respiratory protection that complies with the requirements of subsection (h).

(A) A leak prevention, detection, and repair program.

(B) A program for maintaining the effectiveness of local exhaust ventilation systems.

(C) The use of pump exposure control technology such as, but not limited to, mechanical double-sealed or seal-less pumps.

(D) Gauging devices designed to limit employee exposure, such as magnetic gauges on rail cars.

(E) Unloading devices designed to limit employee exposure, such as a vapor return system.

(F) A program to maintain BD concentration below the action level in control rooms by use of engineering controls.

(A) Periods necessary to install or implement feasible engineering and work practice controls;

(B) Non-routine work operations which are performed infrequently and in which exposures are limited in duration.

(C) Work operations for which feasible engineering controls and work practice controls are not yet sufficient to reduce exposures to or below the PELs;

(D) Emergencies.

1. Demonstrates that employees will be adequately protected by this procedure.

2. Uses BD breakthrough data for this purpose that have been derived from tests conducted under worst case conditions of humidity, temperature, and air flow rate through the filter element. The employer shall describe the data supporting the cartridge/canister change schedule and the basis for reliance on the data in the employer's respirator program.

(A) Each employee with exposure to BD at concentrations at or above the action level on 30 or more days or for employees who have or may have exposure to BD at or above the PELs on 10 or more days a year;

(B) Employers (including successor owners) shall continue to provide medical screening and surveillance for employees, even after transfer to a non-BD exposed job and regardless of when the employee is transferred, whose work histories suggest exposure to BD:

1. An initial physical examination that meets the requirements of this rule, if twelve months or more have elapsed since the last physical examination conducted as part of a medical screening program for BD exposure;

2. Before assumption of duties by the employee in a job with BD exposure;

3. Every 3 years after the initial physical examination;

4. At the discretion of the physician or other licensed health care professional reviewing the annual health questionnaire and CBC;

5. At the time of employee reassignment to an area where exposure to BD is below the action level, if the employee's past exposure history does not meet the criteria of subsection (j)(1)(B) for continued coverage in the screening and surveillance program, and if twelve months or more have elapsed since the last physical examination; and

6. At termination of employment if twelve months or more have elapsed since the last physical examination.

1. A baseline health questionnaire that includes a comprehensive occupational and health history and is updated annually. Particular emphasis shall be placed on the hematopoietic and reticuloendothelial systems, including exposure to chemicals, in addition to BD, that may have an adverse effect on these systems, the presence of signs and symptoms that might be related to disorders of these systems, and any other information determined by the examining physician or other licensed health care professional to be necessary to evaluate whether the employee is at increased risk of material impairment of health from BD exposure. Health questionnaires shall consist of the sample forms in Appendix C to this section, or be equivalent to those samples;

2. A complete physical examination, with special emphasis on the liver, spleen, lymph nodes, and skin;

3. A CBC; and

4. Any other test which the examining physician or other licensed health care professional deems necessary to evaluate whether the employee may be at increased risk from exposure to BD.

1. The occupationally pertinent results of the medical evaluation;

2. A medical opinion concerning whether the employee has any detected medical conditions which would place the employee's health at increased risk of material impairment from exposure to BD;

3. Any recommended limitations upon the employee's exposure to BD; and

4. A statement that the employee has been informed of the results of the medical evaluation and any medical conditions resulting from BD exposure that require further explanation or treatment.

(A) Chemical manufacturers, importers, distributors and employers shall comply with all requirements of the Hazard Communication Standard (HCS) (Section 5194) for BD.

(B) In classifying the hazards of BD at least the following hazards are to be addressed: Cancer; eye and respiratory tract irritation; central nervous system effects; and flammability.

(C) Employers shall include BD in the hazard communication program established to comply with the HCS (Section 5194). Employers shall ensure that each employee has access to labels on containers of BD and to safety data sheets, and is trained in accordance with the requirements of HCS and subsection (l)(2) of this section.

1. The health hazards associated with BD exposure, and the purpose and a description of the medical screening and surveillance program required by this section;

2. The quantity, location, manner of use, release, and storage of BD and the specific operations that could result in exposure to BD, especially exposures above the PEL or STEL;

3. The engineering controls and work practices associated with the employee's job assignment, and emergency procedures and personal protective equipment;

4. The measures employees can take to protect themselves from exposure to BD.

5. The contents of this standard and its appendices, and

6. The right of each employee exposed to BD at or above the action level or STEL to obtain:

(A) Where the processing, use, or handling of products or streams made from or containing BD are exempted from other requirements of this section under subsection (a)(2), or where objective data have been relied on in lieu of initial monitoring under subsection (d)(2)(B), the employer shall establish and maintain a record of the objective data reasonably relied upon in support of the exemption.

(B) This record shall include at least the following information:

1. The date of measurement;

2. The operation involving exposure to BD which is being monitored;

3. Sampling and analytical methods used and evidence of their accuracy;

4. Number, duration, and results of samples taken;

5. Type of protective devices worn, if any; and

6. Name, social security number and exposure of the employees whose exposures are represented.

7. The written corrective action and the schedule for completion of this action required by subsection (d)(7)(B).

1. The name of the employee,

2. Type of respirator,

3. Brand and size of respirator,

4. Date of test, and

5. Where QNFT is used, the fit factor, strip chart recording or other recording of the results of the test.

1. The name and social security number of the employee;

2. Physician's or other licensed health care professional's written opinions as described in subsection (k)(7);

3. A copy of the information provided to the physician or other licensed health care professional as required by subsections (k)(7)(B)-(D).

(A) The initial monitoring required under subsection (d)(2) shall be completed within sixty (60) days of the effective date of this standard or the introduction of BD into the workplace.

(B) The requirements of subsections (c) through (m), including feasible work practice controls but not including engineering controls specified in subsection (f)(1), shall be complied with within one-hundred and eighty (180) days after the effective date of this section.

(C) Engineering controls specified by subsection (f)(1) shall be implemented within two (2) years after the effective date of this section, and the exposure goal program specified in subsection (g) shall be implemented within three (3) years after the effective date of this section.