OSHA Plans Release of Final Silica Rule in 2016
Congressional intervention to negate the rule likely will be vetoed by President Obama. A MODERN CASTING STAFF REPORT
hensive and complicated regulation to control crystalline silica. Tis is one of the agency’s most far-reaching regula- tory initiatives ever proposed for the metalcasting industry and calls for a 50% reduction in the permissible exposure limit (PEL). According to OSHA’s regulatory agenda released in November, the agency expects to release its final comprehensive rule in Febru- ary 2016, before the end of President Obama’s second term. In the two years since the formal
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proposal was released, the metalcasting industry has voiced its concerns regard- ing the regulation in numerous ways. Outside consultants for the metalcasting industry estimate the costs to meet the lower PEL will be more than $2.2 billion a year for the metalcasting industry. Dur- ing public hearings held March 18-April 4, 2014, the American Foundry Society (AFS) and metalcasting industry rep- resentatives testified the proposed silica rule was overly burdensome and not achievable for the metalcasting indus- try. AFS called on OSHA to work to
t’s been more than two years since the U.S. Occupational Safety and Health Administration (OSHA) formally unveiled its compre-
improve compliance to the current 100 µg/cu.m PEL, work with EPA to allow the expansion of ventilation systems to reduce employee exposures under the current requirement, and withdraw its proposal and modify it to make it eco- nomically feasible to achieve compliance. Since then, AFS and industry rep-
resentatives have provided post-hearing comments in response to OSHA’s request for additional information and filed a post-hearing brief in August 2014. Tis was the final formal document out- lining and substantiating the industry’s position on the silica rulemaking. While the OSHA team has been
preparing the final rule to be released next year, the metalcasting industry has met with more than 300 congres- sional offices to discuss the impact of the proposal and the industry’s key concerns for the rule: • It prohibits work practices that contradict existing industry safe practices, such as using compressed air to clean complex castings.
• The rule underestimates or com- pletely omits the cost of equipment and practices, such as new dust col- lectors, which can cost more than $1 million to install.
Table 1. Estimated Costs for the Metalcasting Industry to Comply with Proposed Silica Ancillary Requirements According to Environomics Report
PEL=100 AL=50
Exposure assessment
Health screening/surveillance Regulated areas
Respiratory protection
Hazard communication/training Recordkeeping
Competent person Total
32 | MODERN CASTING December 2015
12.3 13.2 10.8 8.1 4.8 0.6 3.1
PEL=50 AL=50
11.4 8.8
13.8 20.6 3.7 0.8 3.1
PEL=50 AL=25
$18.1 million $28.7 million $13.8 million $20.6 million $8.1 million $1.4 million $3.1 million $93.8 million
• In addition, some metalcasting plants will be forced to redesign ven- tilation systems and make changes to air permits from EPA, which can take at least a year to obtain. Te industry has garnered some
support from legislators. In 2014, the governors in Iowa and Texas wrote letters against the silica rule proposal. In June 2015, the Senate Appropria- tions Committee accepted by voice vote an amendment by Sen. John Hoeven (R-N.D.) that would require OSHA to conduct additional reviews and research before it could finalize the comprehensive silica rulemaking. Te Hoeven amendment is part of the Fiscal Year 2016 Labor, Health and Human Services Appropriations bill and would prevent any funds from being used by OSHA to promulgate or release its silica rule until it studies and addresses the following: • Conduct a Small Business Regu- latory Enforcement Fairness Act review—OSHA relied on a decades-old report and metalcast- ing data from the early 1990s.
• Commission an independent study by the National Academy of Sciences to examine the ability of all impacted industries to comply with proposed exposure limits and the ability of personal protective equipment to safeguard employees, among other issues. President Obama has threatened to
veto the proposed budget for the U.S. Department of Labor. Other members of Congress are being asked to contact the chairs of the Senate and House Appropriations/ HHS Appropriations bill urging them to include the Hoeven amendment into the FY16 omnibus budget. Presi-
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