[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38130-38135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16070]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0011]


Keystone Steel and Wire Company; Notice of Application for a 
Permanent Variance, Grant of an Interim Order, and Request for Comments

AGENCY: Occupational Safety and Health Administration (OSHA), 
Department of Labor.

ACTION: Notice of application for a permanent variance; grant of an 
interim order.

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SUMMARY: Keystone Steel and Wire Company (KSW) is applying for a 
permanent variance from the provisions of the OSHA standards that 
regulate occupational exposure to lead and arsenic, specifically 
paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph (k)(2) of 29 CFR 
1910.1018. These provisions prohibit the use of compressed air to clean 
floors and other surfaces where lead and arsenic particulates 
accumulate. This notice seeks public comment on the alternative 
conditions proposed by KSW to protect its workers when they use 
compressed air to remove lead and arsenic particulates from inside the 
housings of crane motors.

DATES: Submit comments and requests for a hearing on or before August 
2, 2010. The interim order specified by this notice becomes effective 
July 1, 2010. All submissions must bear a postmark or provide other 
evidence of the submission date.

ADDRESSES: Electronic. Submit comments and requests for a hearing 
electronically at http://www.regulations.gov, which is the Federal 
eRulemaking Portal. Follow the instructions online for submitting 
comments.
    Facsimile. OSHA allows facsimile transmission of comments that are 
10 pages or fewer in length (including attachments), as well as hearing 
requests. Send these comments and requests to the OSHA Docket Office at 
(202) 693-1648; hard copies of these comments are not required. Instead 
of transmitting facsimile copies of attachments that supplement their 
comments (e.g., studies and journal articles), commenters may submit 
these attachments to the OSHA Docket Office, Technical Data Center, 
Room N-2625, OSHA, U.S. Department of Labor, 200 Constitution Ave., 
NW., Washington, DC 20210. These attachments must clearly identify the 
sender's name, date, subject, and docket number (i.e., OSHA-2010-0011) 
so that the Agency can attach them to the appropriate comments.
    Regular mail, express delivery, hand (courier) delivery, and 
messenger service. Submit three copies of comments and any additional 
material (e.g., studies and journal articles), as well as hearing 
requests, to the OSHA Docket Office, Docket No. OSHA-2010-0011, 
Technical Data Center, Room N-2625, OSHA, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC 20210; telephone: (202) 693-
2350. 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. The hours of 
operation for the OSHA Docket Office and Department of Labor are 8:15 
a.m. to 4:45 p.m., e.t.
    Instructions. All submissions must include the Agency name and the 
OSHA docket number (i.e., OSHA-2010-0011). OSHA places comments and 
other materials, including any personal information, in the public 
docket without revision, and these materials may be available online at 
http://www.regulations.gov. Therefore, the Agency cautions commenters 
about submitting statements they do not want made available to the 
public, or submitting comments that contain personal information 
(either about themselves or others) such as Social Security numbers, 
birth dates, and medical data.
    Docket. To read or download submissions or other material in the 
docket, go to http://www.regulations.gov or to the OSHA Docket Office 
at the address above. All documents in the docket are listed in the 
http://www.regulations.gov index; however, some information (e.g., 
copyrighted material) is not publicly available to read or download 
through this Web site. All submissions, including copyrighted material, 
are available for inspection and copying at the OSHA Docket Office.

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries. For general information and press inquiries about this 
notice contact Jennifer Ashley, Director, OSHA Office of 
Communications, Room N-3647, U.S. Department of Labor, 200 Constitution 
Avenue, NW., Washington, DC 20210; telephone: (202) 693-1999.
    Technical information. For technical information about this notice, 
contact MaryAnn Garrahan, Director, Office of Technical Programs and 
Coordination Activities, Room N-3655, OSHA, U.S. Department of Labor, 
200 Constitution Avenue, NW., Washington, DC 20210; telephone: (202) 
693-2110; fax: (202) 693-1644.
    Copies of this Federal Register notice.
    Electronic copies of this notice are available at http://www.regulations.gov. Electronic copies of this notice, as well as news 
releases and other relevant information, are available on OSHA's Web 
page at http://www.osha.gov.

I. Notice of Application

    Keystone Steel and Wire Company (hereafter, ``KSW'' or ``the 
applicant''), 7000 SW. Adams Street, Peoria, IL 61641,\1\ submitted an 
application for a permanent variance under Section 6(d) of the 
Occupational Safety and Health Act of 1970 (``OSH Act''; 29 U.S.C. 655) 
and 29 CFR 1905.11 (``Variances and other relief under section 6(d)'') 
(see Exhibit 1: KSW's original variance application dated 09/10/1998).
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    \1\ This address also is the place of employment described in 
the application.
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    The applicant seeks a permanent variance from the provisions of the

[[Page 38131]]

OSHA standards that regulate occupational exposure to lead and arsenic, 
specifically paragraph (h)(2)(i) of 29 CFR 1910.1025 and paragraph 
(k)(2) of 29 CFR 1910.1018. These paragraphs prohibit use of compressed 
air to clean floors and other surfaces where lead and arsenic 
particulates accumulate. These paragraphs specify the following 
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requirements:

    29 CFR 1910.1025(h)(2)(i): Floors and other surfaces where lead 
accumulates may not be cleaned by the use of compressed air.
    29 CFR 1910.1018(k)(2): Cleaning floors. Floors and other 
accessible surfaces contaminated with inorganic arsenic may not be 
cleaned by the use of compressed air, and shoveling and brushing may 
be used only where vacuuming or other relevant methods have been 
tried and found not to be effective.

    The applicant contends that the permanent variance would provide 
its workers with a place of employment that is at least as safe and 
healthful as they would obtain under these standards.
    The applicant certifies that it provided the union representative 
\2\ with a copy of its variance application. The applicant also 
certifies that it notified its workers of the variance request by 
posting a summary of the application at a prominent location where it 
normally posts notices to its workers, and specifying where the workers 
can examine a complete copy of the application. In addition, the 
applicant states that it informed workers and the union representative 
of their right to petition the Assistant Secretary of Labor for 
Occupational Safety and Health for a hearing on this variance 
application.
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    \2\ Mr. Tim Carroll, representative of the Independent Steel 
Workers Alliance (ISWA) local union in Bartonville, IL.
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II. Supplementary Information

A. Overview

    The applicant operates a melt shop where it processes scrap steel 
into a molten state. The equipment used to accomplish the melting 
process consists of: An electric-arc furnace, which uses an electric 
arc generated from electrodes to melt the scrap steel; and a ladle 
metallurgy furnace, which uses electrodes to maintain the molten steel 
at a constant temperature to produce the proper consistency of steel. 
The melting process requires the use of two overhead cranes to haul the 
scrap to the furnaces, and to transport the molten steel for further 
processing. Ten large, direct-current electric motors power each crane.
    During the melting process, fugitive emissions containing trace 
amounts of lead and arsenic accumulate inside the motor housings of the 
overhead cranes.\3\ To prevent electric arcing, KSW must remove the 
accumulated particulates from inside the crane-motor housings. To 
accomplish this task, KSW uses compressed air supplemented by a vacuum-
containment system (see Exhibit 16: KSW's amended application dated 04/
02/2009). To demonstrate the effectiveness of this system, KSW 
performed several rounds of personal-exposure monitoring for the 
workers who use the system to remove particulates from inside the 
crane-motor housings. Results of the sampling (see Exhibit 16: KSW's 
amended application dated 04/02/2009) indicate that worker exposures 
were below the action level of 30 micrograms of lead per cubic meter of 
air ([micro]g/m\3\) \4\ and 5 [micro]g/m\3\ of inorganic arsenic \5\ 
during two consecutive rounds of sampling.
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    \3\ The facility has local exhaust ventilation on the furnaces 
and a canopy hood for the entire melt shop that captures most of the 
fugitive emissions.
    \4\ See Sec.  1910.1025(b).
    \5\ See Sec.  1910.1018(b).
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B. Summary of KSW's Variance-Application Process

    On April 2, 2009, KSW submitted an amended variance application 
(see Exhibit 16: KSW's amended application dated 04/02/2009) requesting 
a permanent variance from paragraph (h)(2)(i) of 29 CFR 1910.1025 and 
paragraph (k)(2) of 29 CFR 1910.1018. The amended application was the 
latest in a sequence of variance applications and related 
correspondence that dates to 1998. These documents, each identified by 
its exhibit numbers, are:
    Exhibit 1: KSW's original variance application dated 09/10/1998.
    Exhibit 2: OSHA letter dated 10/19/1998 to KSW denying the 
application.
    Exhibit 3: KSW's second application dated 08/26/1999.
    Exhibit 4: KSW letter dated 09/02/1999 to OSHA describing 
engineering controls.
    Exhibit 5: OSHA letter dated 09/08/1999 to KSW acknowledging 
receipt of the second application.
    Exhibit 6: OSHA letter dated 07/06/2003 to KSW requesting 
additional information.
    Exhibit 7: KSW letter dated 09/08/2003 to OSHA acknowledging 
receipt OSHA's letter of 07/06/2003.
    Exhibit 8: KSW letter dated 06/18/2004 to OSHA providing additional 
information.
    Exhibit 9: OSHA letter dated 10/22/2005 to KSW requesting an 
amended application.
    Exhibit 10: KSW's amended application dated 11/27/2006.
    Exhibit 11: OSHA letter dated 05/28/2008 to KSW requesting 
additional information.
    Exhibit 12: KSW letter dated 10/29/2008 to OSHA providing 
additional information.
    Exhibit 13: OSHA letter dated 12/05/2008 to KSW requesting 
additional information.
    Exhibit 14: KSW letter dated 02/13/2009 to OSHA providing 
additional information.
    Exhibit 15: KSW letter dated 04/02/2009 to OSHA submitting an 
amended application.
    Exhibit 16: KSW's amended application dated 04/02/2009.
    Exhibit 17: OSHA letter dated 02/16/2010 to KSW proposing 
alternative conditions.
    Exhibit 18: KSW letter dated 03/09/2010 accepting OSHA's proposed 
alternative conditions.\6\
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    \6\ See also the following reference documents included in KSW's 
amended variance application of 11/27/2006: Exhibit 19: KSW's 
Arsenic, Lead and Cadmium Control Program; Exhibit 20: KSW's 
Respiratory Protection Program; and Exhibit 21: KSW's Safe Job 
Procedure.
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C. Proposed Alternative to 29 CFR 1910.1025(h)(2)(i) and 29 CFR 
1910.1018(k)(2)

    The applicant states that it is necessary to use compressed air in 
combination with a vacuum-containment system to completely remove 
particulates containing lead and arsenic from inside crane-motor 
housings during periodic maintenance operations. Paragraph (h)(2)(i) of 
29 CFR 1910.1025 regulates housekeeping operations involving lead 
contamination, and prohibits the use of compressed air for cleaning 
floors and other surfaces. Paragraph (k)(2) of 29 CFR 1910.1018 
duplicates this housekeeping requirement for arsenic contamination. 
Compliance with these two paragraphs prevents exposure of workers 
(through inhalation) to unsafe airborne concentrations of lead and 
arsenic particulates that would occur if employers use compressed air 
for cleaning purposes.\7\
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    \7\ See, e.g., the preamble to paragraph (h) of the final Lead 
standard (43 Federal Register, vol. 43, p. 52994, November 14, 
1978), which noted language from the proposed standard stating that 
``the proposed language for this provision required `surfaces to be 
maintained free of accumulation of lead which, if dispersed, would 
result in airborne concentrations above the permissible exposure 
limit.' ''
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    As an alternative to complying with the housekeeping requirements 
specified by 29 CFR 1910.1025(h)(2) and 1910.1018(k)(2), the applicant 
proposes to adopt an alternative means of compliance that consists, in 
part, of a compressed-air-vacuum-containment

[[Page 38132]]

(CAVC) system mounted on a truck. A worker begins the crane-motor 
cleaning operation by inserting the nozzle of the compressed-air gun 
into an opening in the housing, then triggers the compressed air. The 
vacuum-containment system, which the worker activates prior to 
beginning the motor-cleaning operation, generates exhaust airflow 
inside the crane-motor housing. The vacuum, delivered through a hose, 
has an exhaust volume of 5,000 cubic feet per minute (cfm), and 
collects the lead and arsenic particulates that the worker removes with 
compressed air from the interior components of the crane motor. The 
system then deposits the particulates in a hopper, also mounted on the 
truck.
    KSW designed a flanged end that fits over an opening in a housing 
that covers each crane motor (see Exhibit 15). The vacuum hose is 
connected to, and is supported by, this flange. Thus, the combination 
of the housing, flanged end, compressed air, and the vacuum-containment 
system captures most of the fugitive particulates released during the 
motor-cleaning operation, thereby reducing worker exposure to airborne 
lead and arsenic.
    In support of its variance application, KSW submitted the following 
data and information demonstrating the effectiveness of the alternative 
means of compliance:
    1. KSW administered several rounds of personal-exposure monitoring 
to workers who used compressed air while cleaning the crane motors. The 
results for the last two rounds of sampling for both lead and arsenic 
were below the action levels for these substances (see Exhibit 15).
    2. KSW performed several rounds of medical surveillance, including 
biological monitoring for blood lead and zinc protoporphyrin 
concentrations, on workers who cleaned crane motors. Blood-lead 
monitoring results were well below the allowable concentration of 40 
[mu]g lead/100 g whole blood (see Exhibit 15).
    3. KSW developed and implemented a Respiratory Protection Program 
designed to meet the requirements specified by 29 CFR 1910.134 and 29 
CFR 1910.1025(f) (see Exhibit 20).
    4. KSW developed and implemented an Arsenic, Lead, & Cadmium 
Control Program to meet the requirements specified by 29 CFR 1910.1018, 
29 CFR 1910.1025, and 29 CFR 1910.1027, respectively (see Exhibit 19).
    5. KSW developed and implemented a Safe Job Procedure incorporating 
key elements of a job-hazard analysis. This document provides affected 
workers with a description of the steps required to complete the 
cleaning task, and the hazards associated with, and control methods 
used for, each of these steps (e.g., using vacuum exhaust in 
conjunction with compressed air, the type of protective clothing and 
other PPE to wear) (see Exhibit 21).
    6. KSW developed and implemented a program to instruct affected 
workers about the hazards associated with performing motor-cleaning 
operations, and the hazard controls used while performing these 
operations (see Exhibit 15).
    In addition to the CACV, the applicant proposes to include the 
following conditions in its alternative means of compliance:
Engineering Controls and Related Conditions
    1. Implement engineering controls (i.e., a compressed-air-vacuum-
containment (CAVC) system) that maintain negative pressure inside the 
housing enclosing each crane motor when using compressed air to clean 
crane motors; this condition ensures that the exhaust airflow leaving 
the enclosure exceeds the inflow of compressed air by maintaining the 
volume of compressed air below 5,000 cfm. This condition effectively 
prevents escape of lead and arsenic particulates from the crane-motor 
housing.
    2. To prevent the spread and recirculation of captured lead and 
arsenic particulates from the vacuum truck, ensure that: (a) The 
exhaust air in the CVAC system passes through a high-efficiency 
particulate air (HEPA) filtration system prior to discharge; and (b) 
this filtered exhaust does not reenter the work areas inside the plant.
    3. Ensure the continued effectiveness of the alternative means of 
compliance by: (a) Performing a pre-use or yearly inspection (whichever 
occurs more frequently) of all equipment and components used in the 
cleaning operations; \8\ (b) documenting such inspections using a 
checklist; (c) replacing or repairing all defective parts and 
components; and (d) maintaining records of inspections and corrective 
actions. This condition ensures that the equipment performs 
continuously at optimum effectiveness, thereby minimizing release of 
lead and arsenic particulates into the ambient atmosphere during the 
crane motor-cleaning operation.
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    \8\ Examples of the equipment or components listed on the 
checklist include: Air compressors; pressure regulators; gages; 
compressed-air hoses; nozzle-pressure reducer; crane-motor 
enclosures; flanges; vacuum-system operations, including the HEPA 
filtration system and replacement of used filters; vacuum hoses; and 
electric outlets and extension cords used during the cleaning 
process.
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    4. Before implementing revisions to the motor-cleaning process, 
modify the Safe Job Procedure (see Exhibit 21) accordingly, and inform 
affected workers of the modifications. This condition promptly informs 
and updates workers performing the crane motor-cleaning operation of 
revisions to work procedures and safety practices, thereby reducing the 
possibility that they could compromise the effectiveness of the CACV 
system and other protective measures.
Exposure Monitoring
    5. Perform personal-exposure monitoring (i.e., breathing-zone 
sampling) of the workers for lead and arsenic particulates during the 
entire period they use compressed air to clean crane motors. For 
multiple crane motor-cleaning operations during the same maintenance 
cycle, perform such monitoring on at least two operations that are 
representative of exposures for all affected workers performing 
cleaning operations during the cycle. This condition allows KSW to 
monitor worker exposure to lead and arsenic particulates outside the 
crane-motor housing during the cleaning operation. KSW would use these 
monitoring results to determine the effectiveness of the CACV system, 
and to take corrective action if exposures are at or above the action 
levels for lead or arsenic.
    6. Conduct breathing-zone sampling of affected workers for the 
entire work day (full shift) on days when workers use compressed air to 
clean crane motors. The full-shift sampling must include separate 
sampling during the crane motor-cleaning operation, as well as during 
the remainder of the shift. This condition would assist KSW in 
identifying the source of elevated exposures (i.e., at or above the 
action level) that occur during the shift so that it can correct or 
implement appropriate exposure-control measures to reduce worker 
exposures below the action levels for lead and arsenic.
    7. Ensure that results for the two most recent rounds of full-shift 
sampling remain below the action levels for arsenic and lead. This 
condition ensures that KSW can maintain worker exposure levels below 
the action levels for lead and arsenic, thereby providing them with a 
safe and healthful workplace.
    8. Submit the breathing-zone samples for lead and arsenic 
particulates to an analytical laboratory that meets and complies with 
the certification criteria of the American Industrial Hygiene 
Association's Industrial Hygiene Proficiency Analytical Testing 
Program.

[[Page 38133]]

This condition provides assurance that the laboratory is performing the 
testing of breathing-zone samples in accordance with recognized 
analytical standards to maintain the accuracy, reliability, and 
reproducibility of the sampling results. Accurate, reliable, and 
reproducible sampling results ensure that worker exposure 
determinations are valid.
Biological Monitoring
    9. Within 30 calendar days after workers perform a motor-cleaning 
operation, conduct biological monitoring for blood-lead and zinc 
protoporphyrin concentrations on every worker involved in that motor-
cleaning operation. Blood-lead sample analysis must be performed by a 
laboratory licensed by the U.S. Centers for Disease Control and 
Prevention (CDC), or a laboratory that obtained a satisfactory grade in 
blood-lead proficiency testing from CDC within the prior 12 months and 
has an accuracy (to a confidence level of 95 percent) within 15 percent or 6 ug/100 ml, whichever is greater. This condition 
provides information (in addition to exposure monitoring) regarding 
worker exposure to lead particulates while involved in the crane motor-
cleaning operation, and demonstrates the effectiveness of the 
alternative means of compliance. This condition also provides assurance 
that the laboratory is performing the analysis of blood-lead samples in 
accordance with recognized analytical standards to maintain the 
accuracy, reliability, and reproducibility of the sampling results.
    10. Ensure that blood-lead results remain at or below 40 [mu]g 
lead/100 g whole blood. This condition supplements other conditions in 
providing information on the effectiveness of the alternative means of 
compliance, in addition to signaling the need to remove affected 
workers from the crane motor-cleaning operations in accordance with 29 
CFR 1910.1025(k) should the blood-lead results exceed 40 [mu]g lead/100 
g whole blood.
    11. Whenever KSW assigns a new worker to perform the crane motor-
cleaning operation, conduct biological monitoring of the worker prior 
to the worker beginning the cleaning operation. This condition 
establishes a baseline blood-lead level against which to compare 
subsequent biological samples and, thereby, assess the effectiveness of 
the alternative means of compliance.
    12. Not assign any worker to the crane motor-cleaning operation who 
declines to undergo the biological-monitoring procedures. This 
condition prevents worker exposure to the motor-cleaning operation 
without the benefit of biological monitoring to assess over-exposure to 
lead particulates.
Notifications
    13. Provide written notification to affected workers of the results 
of their individual personal-exposure and biological-monitoring results 
in accordance with the requirements of the arsenic and lead standards 
(29 CFR 1910.1018(e)(5) and 29 CFR 1910.1025(d)(8)) within 15 working 
days from receipt of the results. The information provided to the 
affected workers will enable them to assess the effectiveness of the 
alternative means of compliance, i.e., the adequacy of existing 
controls or the need for additional controls.
    14. Whenever (a) personal-exposure monitoring results are at or 
above the action levels for lead (30 [mu]g/m\3\) or arsenic (5 [mu]g/
m\3\), or (b) blood-lead monitoring results are above 20 [mu]g lead/100 
g whole blood, provide these results to OSHA's Peoria, IL, Area Office, 
OSHA's Chicago, IL, Regional Office, and OSHA's Office of Technical 
Programs and Coordination Activities within 15 working days of 
receiving the results, along with a written plan describing how KSW 
will reduce exposure levels or blood-lead levels. This condition will 
ensure that OSHA remains informed regarding the effectiveness of the 
alternative means of compliance, and will provide OSHA with an 
opportunity to assess KSW's plan to reduce exposures to lead and 
arsenic below the action levels for these substances. Under this 
condition, OSHA also can evaluate KSW's progress in restoring the 
effectiveness of the alternative means of compliance, and, if 
necessary, revise the conditions or revoke the variance should KSW not 
attain exposure levels below the action levels in a timely manner.
    15. At least 15 calendar days prior to commencing any operation 
that involves using compressed air to clean crane motors, inform OSHA's 
Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the 
date and time the operation will commence. This condition provides OSHA 
with an opportunity to conduct on-site assessments of KSW's compliance 
with the conditions of the variance, and to ascertain directly the 
effectiveness of the alternative means of compliance.
    16. Notify in writing OSHA's Office of Technical Programs and 
Coordination Activities as soon as KSW knows that it will: (a) Cease to 
do business; or (b) transfer the activities covered by the variance to 
a successor company. This condition allows OSHA to determine whether to 
revoke the variance or transfer the variance to the successor company.
Training
    17. Implement the worker-training programs described in 29 CFR 
1910.1018(o) and 29 CFR 1910.1025(l), including: (a) Initial training 
of new workers prior to their beginning a crane motor-cleaning 
operation; (b) yearly refresher training of all other workers involved 
in crane motor-cleaning operations; (c) documentation of this training; 
and (d) maintenance of the training records.\9\ This condition ensures 
that workers are knowledgeable regarding the hazards and corresponding 
hazard-control measures KSW implements to prevent worker exposure to 
harmful levels of airborne lead and arsenic particulates while engaged 
in the crane motor-cleaning. Training also provides workers with 
information necessary for them to assess KSW's compliance with the 
conditions of the variance and the effectiveness of the alternative 
means of compliance.
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    \9\ As described by KSW's Arsenic, Lead, & Cadmium Control 
Program (see Exhibit 19).
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Miscellaneous Program Conditions
    18. Implement the: (a) Respiratory Protection Program that meets 
the requirements specified by 29 CFR 1910.134 and 29 CFR 1910.1025(f); 
(b) provisions of KSW's Arsenic, Lead, & Cadmium Control Program; and 
(c) provisions of the Safe Job Procedure. This condition ensures that 
KSW will implement the programs and associated safe-work practices that 
prevent worker exposure to harmful levels of airborne lead and arsenic 
particulates while engaged in crane motor-cleaning operations, which 
are necessary for the continued effectiveness of the alternative means 
of compliance.
Monitoring Work Practices
    19. Ensure that supervisors observe and enforce applicable safe-
work practices \10\ while workers are cleaning crane motors, document 
these supervisor observations and enforcement activities, and maintain 
these records. This condition ensures that affected workers implement 
the required safe-work practices during crane-motors cleaning 
operations. This condition will permit OSHA, KSW managers, workers, and 
worker representatives to assess compliance with the conditions of the 
variance and,

[[Page 38134]]

therefore, determine the effectiveness of the alternative means of 
compliance.
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    \10\ Examples of safe-work practices include use of personal-
protective equipment (including respirators, gloves, protective 
clothing) as defined by (a) KSW's Respiratory Protection Program; 
(b) provisions of KSW's Arsenic, Lead, & Cadmium Control Program; 
and (c) provisions of KSW's Safe Job Procedure.
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Record Retention and Availability
    20. Retain any records generated under these conditions for a 
minimum period of five years, unless an applicable OSHA standard 
specifies a longer period,\11\ and make these records available to 
OSHA, affected workers, and worker representatives on request. This 
condition allows OSHA, KSW managers, workers, and worker 
representatives to assess the effectiveness of the alternative means of 
compliance over an extended period, and provides baseline measurements 
against which to evaluate the effectiveness of subsequent revisions 
made to the alternative means of compliance.
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    \11\ For example, Sec.  1910.1025(n)(1)(iii) and (n)(2)(iv) 
require employers to retain lead exposure-monitoring records and 
medical records for at least 40 years or for the duration of 
employment plus 20 years, whichever is longer.
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III. Grant of Interim Order

    OSHA is granting KSW an interim order that will remain in effect 
until the Agency makes a decision on KSW's application for a permanent 
variance, or until the Agency modifies or revokes the interim order. 
During this period, KSW must comply fully with the conditions of the 
interim order as an alternative to complying with housekeeping 
requirements specified by 29 CFR 1910.1025(h)(2) and 29 CFR 
1910.1018(k)(2).
    OSHA believes that an interim order is justified in this case. As 
noted above in Section II.C (``Proposed Alternative to 29 CFR 
1910.1025(h)(2)(i) and 29 CFR 1910.1018(k)(2)'') of this notice, the 
applicant provided exposure and medical data and information 
demonstrating that the proposed alternative means of compliance was as 
effective as 29 CFR 1910.1025(h)(2) and 29 CFR 1910.1018(k)(2) in 
protecting workers from exposure to lead and arsenic particulates 
during crane-motor cleaning operations. In this regard, the personal-
exposure monitoring results were below the action levels mandated for 
lead and arsenic exposure, and the medical-surveillance results, 
including biological monitoring for blood lead and zinc protoporphyrin 
concentrations, also were well below the allowable concentration of 40 
[mu]g lead/100 g whole blood.
    Based on its determination that the alternative means of compliance 
proposed by KSW will protect workers from exposure to lead- and 
arsenic-particulate hazards during crane-motor cleaning operations at 
least as effectively as the requirements of 29 CFR 1910.1025(h)(2)(i) 
and 29 CFR 1910.1018(k)(2), OSHA is granting an interim order to the 
applicant pursuant to the provisions of 29 CFR 1905.11(c). Accordingly, 
instead of complying with 29 CFR 1910.1025(h)(2)(i) and 29 CFR 
1910.1018(k)(2), the applicant will: (1) Provide notice of this grant 
of an interim order to the workers affected by the conditions of the 
interim order using the same means it used to inform these workers of 
its application for a permanent variance; and (2) comply with the 
conditions listed below in Section IV (``Specific Conditions of the 
Interim Order and the Application for a Permanent Variance'') of this 
notice for the period between the date of this Federal Register notice 
and the date the Agency publishes its final decision on the application 
in the Federal Register. The interim order will remain in effect 
between the date of this Federal Register notice and the date the 
Agency publishes its final decision on the application in the Federal 
Register unless OSHA modifies or revokes it in accordance with the 
requirements of 29 CFR 1905.13.

IV. Specific Conditions of the Interim Order and the Application for a 
Permanent Variance

    The following conditions apply to the interim order granted by OSHA 
to Keystone Steel and Wire as part of its application for a permanent 
variance described in this Federal Register notice. In addition, these 
conditions specify the alternative means of compliance that the 
applicant is proposing in its application for a permanent variance. 
These conditions include: \12\
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    \12\ In these conditions, the verb ``must'' applies to the 
interim order, while the verb ``would'' pertains to the application 
for a permanent variance.
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1. Scope

    (a) The interim order/permanent variance applies/would apply only 
at the applicant's melt shop when using compressed air to clean crane 
motors during maintenance operations.
    (b) Engineering controls and related conditions. The applicant 
must/would:
    (1) Use engineering controls (i.e., a compressed-air-vacuum-
containment (CAVC) system) that maintain negative pressure inside the 
housing enclosing each crane motor when using compressed air to clean 
crane motors to ensure that the vacuum-exhaust airflow leaving the 
enclosure exceeds the inflow of compressed air by maintaining the 
volume of compressed air below 5,000 cfm.
    (2) Ensure that the:
    (A) Exhaust air in the CAVC system passes through a high-efficiency 
particulate air (HEPA) filtration system prior to discharge; and
    (B) Filtered exhaust does not reenter the work areas inside the 
plant.
    (3) Ensure the continued effectiveness of the alternative means of 
compliance by:
    (A) Performing a pre-use or yearly inspection (whichever occurs 
more frequently) of all equipment and components used in the cleaning 
operations; \13\
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    \13\ Examples of the equipment or components listed on the 
checklist include: Air compressors; pressure regulators; gages; 
compressed-air hoses; nozzle-pressure reducer; crane-motor 
enclosures; flanges; vacuum-system operations, including the HEPA 
filtration system and replacement of used filters; vacuum hoses; and 
electric outlets and extension cords used during the cleaning 
process.
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    (B) Documenting such inspections using a checklist;
    (C) Replacing or repairing all defective parts and components; and
    (D) Maintaining records of inspections and corrective actions.
    (4) Before implementing revisions to the motor-cleaning process, 
modify the Safe Job Procedure accordingly, and inform affected workers 
of the modifications.
    (c) Exposure monitoring. The applicant must/would:
    (1) Perform personal-exposure monitoring (i.e., breathing-zone 
sampling) of the workers for lead and arsenic particulates during the 
entire period they use compressed air to clean crane motors. For 
multiple crane motor-cleaning operations during the same maintenance 
cycle, perform such monitoring on at least two operations that are 
representative of exposures for all affected workers performing 
cleaning operations during the cycle.
    (2) Conduct breathing-zone sampling of affected workers for the 
entire work day (full shift) on days when workers use compressed air to 
clean crane motors. The full-shift sampling must/would include separate 
sampling during the crane motor-cleaning operation, as well as during 
the remainder of the shift.
    (3) Ensure that results for the two most recent rounds of full-
shift sampling remain below the action level for arsenic and lead.
    (4) Submit the breathing-zone samples for lead and arsenic 
particulates to an analytical laboratory that meets and complies with 
the certification criteria of the American Industrial Hygiene 
Association's Industrial Hygiene Proficiency Analytical Testing 
Program.
    (d) Biological monitoring. The applicant must/would:

[[Page 38135]]

    (1) Within 30 calendar days after workers perform a motor-cleaning 
operation, conduct biological monitoring for blood-lead and zinc 
protoporphyrin concentrations on every worker involved in that motor-
cleaning operation. Blood-lead sample analysis must be performed by a 
laboratory licensed by the U.S. Centers for Disease Control and 
Prevention (CDC), or a laboratory that obtained a satisfactory grade in 
blood-lead proficiency testing from CDC within the prior 12 months and 
has an accuracy (to a confidence level of 95 percent) within 15 percent or 6 ug/100 ml, whichever is greater.
    (2) Ensure that blood-lead results remain at or below 40 [mu]g 
lead/100 g whole blood.
    (3) Whenever KSW assigns a new worker to perform the crane motor-
cleaning operation, conduct biological monitoring of the worker prior 
to the worker beginning the cleaning operation.
    (4) Not assign any worker to the crane motor-cleaning operation who 
declines to undergo the biological-monitoring procedures.
    (e) Notifications. The applicant must/would:
    (1) Provide written notification to affected workers of the results 
of their individual personal-exposure and biological-monitoring results 
in accordance with the requirements of the arsenic and lead standards 
(29 CFR 1910.1018(e)(5) and 29 CFR 1910.1025(d)(8)) within 15 working 
days from receipt of the results.
    (2) Whenever personal-exposure monitoring results are at or above 
the action levels for lead (30 [mu]g/m\3\) or arsenic (5 [mu]g/m\3\), 
or blood-lead monitoring results are above 20 [mu]g lead/100 g whole 
blood, provide these results to OSHA's Peoria, IL, Area Office, OSHA's 
Chicago, IL, Regional Office, and OSHA's Office of Technical Programs 
and Coordination Activities within 15 working days of receiving the 
results, along with a written plan describing how KSW will reduce 
exposure levels or blood-lead levels.
    (3) At least 15 calendar days prior to commencing any operation 
that involves using compressed air to clean crane motors, inform OSHA's 
Peoria, IL, Area Office and OSHA's Chicago, IL, Regional Office of the 
date and time the operation will commence.
    (4) Notify in writing OSHA's Office of Technical Programs and 
Coordination Activities as soon as KSW knows that it will:
    (A) Cease to do business; or
    (B) Transfer the activities covered by the variance to a successor 
company.
    (f) Training. The applicant must/would implement the worker-
training programs described in 29 CFR 1910.1018(o) and 29 CFR 
1910.1025(l), including:
    (A) Initial training of new workers prior to their beginning a 
crane motor-cleaning operation;
    (B) Yearly refresher training of all other workers involved in 
crane motor-cleaning operations;
    (C) Documentation of this training; and
    (D) Maintenance of the training records.\14\
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    \14\ As described by KSW's Arsenic, Lead, & Cadmium Control 
Program.
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    (g) Miscellaneous program conditions. The applicant must/would 
implement the:
    (A) Respiratory Protection Program that meets the requirements 
specified by 29 CFR 1910.134 and 29 CFR 1910.1025(f);
    (B) Provisions of KSW's Arsenic, Lead, & Cadmium Control Program; 
and
    (C) Provisions of the Safe Job Procedure.
    (g) Monitoring work practices. The applicant must/would ensure that 
supervisors:
    (1) Observe and enforce applicable safe-work practices \15\ while 
workers are cleaning crane motors;
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    \15\ Examples of safe-work practices include use of personal-
protective equipment (including respirators, gloves, protective 
clothing) as defined by (a) KSW's Respiratory Protection Program; 
(b) provisions of KSW's Arsenic, Lead, & Cadmium Control Program; 
and (c) provisions of KSW's Safe Job Procedure.
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    (2) Document these supervisor observations and enforcement 
activities; and
    (3) Maintain these records.
    (h) Record retention and availability. The applicant must/would:
    (1) Retain any records generated under these conditions for a 
minimum period of five years, unless an applicable OSHA standard 
specifies a longer period;\16\ and
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    \16\ For example, Sec.  1910.1025(n)(1)(iii) and (n)(2)(iv) 
require employers to retain lead exposure-monitoring records and 
medical records for at least 40 years or for the duration of 
employment plus 20 years, whichever is longer.
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    (2) Make these records available to OSHA, affected workers, and 
worker representatives on request.

V. Authority and Signature

    David Michaels, PhD, MPH, Assistant Secretary of Labor for 
Occupational Safety and Health, U.S. Department of Labor, 200 
Constitution Ave., NW., Washington, DC, directed the preparation of 
this notice. This notice is issued under the authority specified by 
Section 6(d) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 655), Secretary of Labor's Order No. 5-2007 (72 FR 31160), and 
29 CFR part 1905.

    Signed at Washington, DC on June 28, 2010.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2010-16070 Filed 6-30-10; 8:45 am]
BILLING CODE 4510-26-P