WASHINGTON ALERT
Stephanie Salmon, Artemis Strategies; Jeff Hannapel & Christian Richter, The Policy Group, Washington, D.C. OSHA Releases 2013 Regulatory Agenda PROPOSED SILICA RULE TOPS THE LIST.
In July, OSHA released its long- awaited spring regulatory plans for 2013. Federal agencies are required to publish semiannual lists of eco- nomically significant regulations under development, with the first publication in April and the second in October. Te agency agenda includes a list of rules to be considered in the coming months and a list of more long-term regulatory items. OSHA’s regulatory list includes 10 regulations at the final rule stage, 10 at the proposed rule stage, five items at the pre-rule stage and an additional two rulemak- ing items identified as longer-term priorities. Below is a summary of the highlights of OSHA’s regulatory plans for 2013 that could impact the met- alcasting industry. Final Rules: By the end of this
year, OSHA plans to issue final rules governing confined spaces in construc- tion, electric power transmission and distribution, electrical protective equip- ment, and walking working surfaces and personal fall protection systems (slips, trips and fall prevention). Proposed Rules: Topping OSHA’s
ON THE HILL
OSHA Initiates New National Em- phasis Program for Isocyanates
OSHA recently announced a new inspection program to protect workers from the serious health effects from occupational exposure to isocyanates. These chemicals can cause occupa- tional asthma, irritation of the skin, eyes, nose and throat, cancer and other conditions that have proved fatal in some cases. OSHA has had exposure limits for isocyanates for a number of years, but has instituted a formal National Emphasis Program (NEP) to target inspections at locations using the chemical. Industrial sectors using isocyanate compounds, including some metalcasting facilities, may be more likely to undergo an inspection from OSHA. Gray and ductile iron foundries (3321) and copper foundries (3366) are
16 | MODERN CASTING September 2013
included on the NEP secondary target list. The three-year program will focus on out- reach efforts and inspections in general, construction and maritime industries. To review the OSHA Directive, go to: http://
www.osha.gov/OshDoc/Directive_pdf/ CPL_03-00-017.pdf.
D.C. Circuit Upholds EPA’s 2008 Ozone NAAQS
In July, the D.C. Circuit rejected state, environmental and health groups’ peti- tions, Mississippi v. EPA, No. 08-1200, and upheld EPA’s health-based ozone National Ambient Air Quality Standards (NAAQS), which the agency set in 2008. The petition- ers argued the EPA failed to adequately explain its reasons for deviating from the Clean Air Scientific Advisory Commit- tee’s recommendations to set the ozone NAAQS between 60 parts per billion (ppb)
and 70 ppb when the agency set the standard at 75 ppb. The court dismissed this argument, as well as arguments by the State of Mississippi and industry groups that the 75 ppb standard is too stringent. However, the court remanded the agency’s welfare-based secondary ozone standard after finding the EPA did not adequately explain its decision to set the standard at the same 75 ppb. It is unclear what effect this ruling will have since the EPA is currently reviewing the 2008 ozone NAAQS standard under the Clean Air Act requirement instructing the agency to review and revise the NAAQS every five years. The EPA is expected to release a proposed rule tightening the ozone standard in 2014.
For additional information, contact Stephanie Salmon, AFS Washington Off ice,
202/842-4864,
ssalmon@afsinc.org.
list of proposed rules is crystalline silica. OSHAformally issued draft of comprehensive rules for control- ling exposures to crystalline silica on August 23. Te proposal would significantly tighten the current permissible exposure limit (PEL) of 100 micrograms of respirable crystal- line silica per cubic meter of air (µg/ m3
) to 50 µg/m3 of 25 µg/m3 , with an action level . Te proposed lower PEL
would apply to all of general industry, including metalcasting facilities. OSHA also has determined the
current PEL for beryllium may not be adequate to protect workers and is pro- posing to amend the standard. A rule for occupational exposure to beryllium is planned for an October 2013 release. A proposed rule requiring employ- ers to implement an Injury and Illness Prevention Program could be issued by January 2014. Although details of the proposed rule are unknown at this time, the sweeping proposal could dramatically alter employers’ health and safety obliga- tions and their own programs already in place to enhance workplace safety. Tis is one of OSHA’s top priority issues.
Pre-rules: OSHA published
several pre-rules. Tese are far from implementation but provide insight into OSHA’s overall direction and long-term priorities. Te agency is examining its Process Safety Manage- ment (PSM) standard to determine if revisions are necessary to address gaps in coverage. It also is considering an update to its Flammable Liquids and Spray Finishing standards to incorpo- rate the latest consensus standards. OSHA is proposing to review many outdated standards and determine whether revisions taking newer scien- tific data into account are necessary. Combustible Dust: OSHA plans
to develop a combustible dust stan- dard for general industry. Te agency targets a November 2013 date to initiate a small business review panel. Te American Foundry Society plans to have a member company actively participate in this process. Currently, no specific standard exists, but OSHA implemented a National Empha- sis Program in 2008 and has cited employers for this hazard under the General Duty Clause.
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