[Federal Register Volume 67, Number 153 (Thursday, August 8, 2002)]
[Proposed Rules]
[Pages 51524-51525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20001]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. H-044]
RIN 1218-AA84


Occupational Exposure to 2-Methoxyethanol, 2-Ethoxyethanol and 
Their Acetates (Glycol Ethers)

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Reopening of the rulemaking record on a proposed rule.

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SUMMARY: The Occupational Safety and Health Administration (OSHA) is 
re-opening the record in the rulemaking on Occupational Exposure to 2-
Methoxyethanol, 2-Ethoxyethanol, and their Acetates (Glycol Ethers) to 
solicit information on the extent to which the four glycol ethers (2-
ME, 2-EE, 2-MEA and 2-EEA) are currently used in the workplace. The 
Agency is also seeking information on substitutes for these four glycol 
ethers that employers may be using, including information on patterns 
of use, levels of employee exposure to the substitutes, and their 
degree of toxicity.

DATES: Comments must be submitted by the following dates:
    Hard Copy: Your comments must be submitted (postmarked or sent) by 
November 6, 2002.
    Facsimile and Electronic Transmission: Your comments must be sent 
by November 6, 2002. (Please see the Supplementary Information provided 
below for additional information on submitting comments.)

ADDRESSES: Regular Mail, Express Delivery, Hand-delivery, and Messenger 
Service: You must submit three copies of your comments and attachments 
to the OSHA Docket Office, Docket No. H-044, Room N-2625, U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210; telephone (202) 693-2350. OSHA Docket Office and Department of 
Labor hours of operation are 8:15 a.m. to 4:45 p.m., EST.
    Facsimile: If your comments, including any attachments, are 10 
pages or fewer, you may fax them to the OSHA Docket Office at (202) 
693-1648. You must include the docket number of this document, Docket 
No. H-044, in your comments.
    Electronic: You may submit comments through the Internet at http://ecomments.osha.gov.

FOR FURTHER INFORMATION CONTACT: For general information and press 
inquiries, contact the Office of Public Affairs, N-3647, 200 
Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693-
1890. For technical inquiries, contact Ms. Amanda Edens, Directorate of 
Health Standards Programs, OSHA, N-3718, 200 Constitution Avenue, NW., 
Washington, DC 20210. Telephone 202-693-2270. For additional copies of 
this Federal Register document, contact OSHA, Office of Publications, 
U.S. Department of Labor, Room N-3101, 200 Constitution Avenue, NW., 
Washington, DC 20210; telephone (202) 693-1888. Electronic copies of 
this Federal Register document, as well as news releases and other 
relevant documents, are available at OSHA's web page on the Internet at 
www.osha.gov.

SUPPLEMENTARY INFORMATION:

Submission of Comments on This Document and Internet Access to 
Comments and Submissions

    You may submit comments in response to this document by (1) hard 
copy, or (2) FAX transmission (facsimile), or (3) electronically 
through the OSHA Webpage. Please note that you cannot attach materials, 
such as studies or journal articles, to electronic comments. If you 
have additional materials, you must submit three copies of them to the 
OSHA Docket Office at the address above. The additional materials must 
clearly identify your electronic comments by name, date, subject and 
docket number so we can attach them to your comments. Because of 
security-related problems there may be a significant delay in the 
receipt of comments by regular mail. Please contact the OSHA Docket 
Office at (202) 693-2350 for information about security procedures 
concerning the delivery of materials by express delivery, hand delivery 
and messenger service.
    All comments and submissions will be available for inspection and 
copying at the OSHA Docket Office at the above address. Comment and 
submissions posted on OSHA's Web site are available at www.osha.gov. 
OSHA cautions you about submitting personal information such as social 
security numbers and birth dates. Contact the OSHA Docket Office at 
(202) 693-2350 for information about materials not available through 
the OSHA Web page and for assistance in using the Web page to locate 
docket submissions.

Background

    On March 23, 1993, OSHA proposed to reduce permissible exposure 
limits for four ethylene glycol ethers (2-Methoxyethanol (2-ME), 2-
Ethoxyethanol (2-EE), and their acetates (2-MEA, 2-EEA)) to protect 
approximately 46,000 workers from significant risks of adverse 
reproductive and developmental health effects (58 FR 15526). The Agency 
held informal public hearings on the proposal, and the record was 
certified in March 1994.
    Information submitted in response to the proposal, at the hearings, 
and in post-hearing comments indicates that the domestic production of 
the four ethylene glycol ethers was on the decline and that their use 
in several key industry sectors either may have been eliminated or may 
have been in the process of being phased out (Exs. 11-18, 19B, 28, 29A, 
48, 53, 58; Ex. 302-X, pp. 596-600). By the close of the record, there 
was testimony that 2-MEA production had been phased out completely. 
There also had been a significant decline in production of the 
remaining glycol ethers since 1987. The vast majority of the 2-EE 
produced in 1991 was used as a chemical intermediate to produce 2-EEA, 
of which nearly 75% was exported; 2-EEA production for paints and 
coatings had been reduced by almost three-quarters since 1987; and most 
of 2-ME production was planned to be phased out by 1996 (Exs. 29A, 58). 
The evidence in the record indicated that less than one-half of the 11 
major use categories that had been identified in OSHA's preliminary 
economic analysis remained (Ex. 58; Ex. 302-X, pp. 596-600).
    Evidence also was submitted that the four ethylene glycol ethers 
were being shifted out of several critical uses. Evidence indicated 
that these glycol ethers were no longer being used in the auto 
refinishing industry (Exs. 24, 53), which accounted for about 86 
percent of the affected establishments and 57

[[Page 51525]]

percent of all exposed workers (58 FR 15583). The targeted glycol 
ethers also had been discontinued in construction paints and were being 
replaced in surface coatings, printing inks, and in the semiconductor 
industry (Exs. 28, 48,11-18, 19-B). (More recent public information 
confirms this downward trend in the production and use of these glycol 
ethers. Environmental Protection Agency Toxic Release Inventory, http://www.epa.gov/opptintr/tri.)
    OSHA has decided to re-open the rulemaking record, which is now 
9\1/2\ years old, to seek up-to-date information about the extent to 
which 2-ME, 2-EE, 2-MEA and 2-EEA are currently used. OSHA requests 
comments and data from interested persons about whether the four glycol 
ethers are still in use, including information about the level of 
production, the industries and processes in which they are still used, 
and employee exposure levels.
    OSHA also requests information on substitutes for these glycol 
ethers that are currently used, including information on the volume of 
usage, levels of employee exposure to the substitutes, and toxicity of 
the substitutes. As noted in the proposal, the four glycol ethers have 
been shown to be potent reproductive and developmental toxins. The 
Agency is interested in information related to the types of risks that 
any substitutes may pose to workers. OSHA will use the information 
gathered during this re-opening to make determinations about how to 
proceed with the Glycol Ethers rulemaking.

Authority and Signature

    This document was prepared under the direction of John L. Henshaw, 
Assistant Secretary of Labor for Occupational Safety and Health, U.S. 
Department of Labor. It is issued pursuant to section 6(b) of the 
Occupational Safety and Health Act of 1970 (84 Stat. 1594, 29 U.S.C. 
655), 29 CFR 1911.18, and Secretary's Order 3-2000.

    Signed at Washington, DC, this 2nd day of August, 2002.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 02-20001 Filed 8-7-02; 8:45 am]
BILLING CODE 4510-26-P