[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Proposed Rules]
[Pages 54389-54394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21449]


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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Part 1910

[Docket No. H-0054a]
RIN 1218-AB45


Occupational Exposure to Hexavalent Chromium (CrVI)

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

ACTION: Request for information.

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SUMMARY: OSHA requests data, comments, and information on issues 
relevant to occupational exposure to hexavalent chromium (CrVI), 
including: Significant epidemiological, animal, and in vitro studies; 
the relationship between occupational exposures to CrVI and the 
development of adverse health effects; industry profiles of use, 
current exposures, and population at risk; types and availability of 
control methodologies; analytical methods; medical screening and 
surveillance procedures; exposure assessment programs; employee 
training programs; and use of personal protective equipment.

DATES: Comments must be submitted by the following dates:

Hard Copy: Your comments must be submitted (postmarked or sent) by 
November 20, 2002.
Facsimile and electronic transmission: Your comments must be sent by 
November 20, 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-0054a, 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 notice, Docket No. 
H-0054a, in your comments.
    Electronic: You may submit comments but not attachments through the 
Internet at http://ecomments.osha.gov. (See the SUPPLEMENTARY 
INFORMATION provided below for additional information on submitting 
comments.)

FOR FURTHER INFORMATION CONTACT: General information and press 
inquiries--OSHA Office of Public Affairs, Room N-3647, U.S. Department 
of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 
(Telephone: (202) 693-1999); Technical information--Jeff Snyder, 
Directorate of Health Standards, Room N-3718, U.S. Department of Labor, 
200 Constitution Avenue, NW, Washington, DC 20210 (Telephone (202)--
693-2292). For additional copies of this Federal Register notice, 
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 notice, as 
well as news releases and other relevant documents, are available at 
OSHA's web page on the Internet at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Submission of Comments on This Notice and Internet Access to 
Comments and Submissions

    You may submit comments in response to this notice 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 the 
materials 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. Contact 
the

[[Page 54390]]

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 http://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 Webpage and for assistance in using the 
Webpage to locate docket submissions.

II. Background

    Properties and Uses. Chromium exists in several oxidation states. 
Its most important natural source is as the mineral chromite 
(FeOCr2O3). Common forms of chromium compounds 
are trivalent chromium (CrIII), and hexavalent chromium (CrVI). CrVI 
can be produced when CrIII is heated in the presence of mineral bases 
and oxygen. Such a change (from CrIII to CrVI) also occurs as a by-
product of welding or cutting operations on stainless steel. In 
addition, a portion of CrIII used in refractory bricks can convert to 
CrVI during normal furnace operations.
    CrVI compounds are characterized by high melting points, very high 
boiling points, varying solubilities, a wide array of colors, corrosion 
resistance and resistance to acid. These properties make chromium ideal 
for use in such widely diversified products as corrosion-resistant 
materials, pigments, coatings, metal plating, and chemicals.
    Health risks associated with occupational exposure to CrVI. 
Epidemiologic studies of workers exposed to CrVI have consistently 
shown a positive correlation between exposure to CrVI and excess lung 
cancer. See, e.g., Machle and Gregorius (1948, Ex. 7-2); U.S. Public 
Health Service/Gafafer (1953, Ex. 7-3); Baetjer (1950, Ex. 7-6); Hayes 
et al (1979, Ex.7-15); Braver (1985, Ex. 7-17); Mancuso (1975, Ex. 18-
3; 1997 Exs. 23, 24); and Gibb et al (2000, Ex. 25). The International 
Agency for Research on Cancer (IARC) (Ex. 18-1) and the U.S. 
Environmental Protection Agency (EPA) (Ex. 19-1) have classified CrVI 
as a human carcinogen based on excess lung cancers found in workers 
involved in chromate production, chromate pigment production, and 
chromium plating. The American Conference for Governmental Hygienists 
(ACGIH) classifies water-insoluble and water-soluble Cr IV compounds, 
zinc chromate, and strontium chromate as class A1 (confirmed human) 
carcinogens. (2002, ACGIH, TLVs and BEIs, Threshold 
Limit Values for Chemical Substances and Physical Agents and Biological 
Exposure Indices).
    Occupational exposure to CrVI has also been associated with non-
cancer health effects of the skin, such as dermatoses and chrome holes; 
and problems of the respiratory system including nasal septum 
irritation and perforation.
    Occupational health regulation of CrVI exposure. In 1971, OSHA 
adopted and made applicable to general industry a national consensus 
standard (ANSI Z37.7-1971) for chromic acid and chromates (compounds 
that contain chromium in its hexavalent state). 29 U.S.C. 655(a). The 
general industry standard sets a permissible exposure limit (``PEL'') 
for hexavalent chromium compounds at 100 micrograms per cubic meter 
(g/m\3\) as a ceiling concentration measured as chromic acid 
(CrO3), 29 CFR 1910.1000, Table Z-1 and Z-2. In 1971, OSHA 
also adopted, as its hexavalent chromium standard for construction 
work, an established federal standard that had been promulgated under 
the Construction Safety Act, 40 U.S.C. 333. That standard sets a PEL of 
100 g/m\3\ (measured as CrO3) as an 8-hour time-
weighted average (8-hour TWA) for chromic acid and chromates, 29 
CFR.1926.55.
    In 1993, the Oil, Chemical and Atomic Workers Union (OCAW) and 
Public Citizen Health Research Group petitioned OSHA to issue an 
Emergency Temporary Standard (ETS) to immediately lower the PEL in all 
workplaces to 0.5 g/m\3\, measured as an 8-hour TWA. OSHA 
denied the petition because it failed to satisfy the stringent criteria 
for an ETS. However, OSHA opened a rulemaking docket and began to 
collect information that would be relevant to a CrVI rule.
    The information available to date indicates that occupational 
exposures to CrVI presents a number of complex and difficult issues 
(e.g., data gaps on current usage of and exposure to CrVI, differences 
in opinion on the interpretation of health effects data). In this 
notice, OSHA is seeking information to help the agency resolve some of 
these issues. OSHA believes that affording interested members of the 
public the opportunity to be heard on these issues would benefit the 
agency's decisional process.

III. Request for Data, Comments, and Information

    OSHA requests data, comments, and information on a variety of 
topics relevant to the agency's review of occupational exposure to 
CrVI. The topics include: Adverse health effects associated with 
occupational exposure to CrVI; methods, costs, and effectiveness of 
control strategies that can reduce exposure to CrVI; and medical 
management of exposed employees.
    The questions below highlight the areas of concern to OSHA. When 
answering specific numbered questions below, please key your responses 
to the number of the question, explain the reasons supporting your 
views, and identify and provide relevant information on which you rely, 
including, but not limited to, data, studies and articles. The public 
is also welcome to comment on other issues raised by this notice.

A. Health Effects

    As discussed above, OSHA is aware of a number of studies reporting 
an association between adverse health effects and exposure to CrVI. In 
this notice, OSHA is seeking information associated with, and analysis 
of, the most recent and important studies that the agency can use to 
evaluate health effects.
    (1) What studies (including positive and negative studies) should 
OSHA consider useful in assessing the potential carcinogenic, 
mutagenic, and non-carcinogenic health risks of CrVI exposure? Explain 
your scientific rationale for recommending these studies including 
potential strengths and weaknesses such as size of the population (or 
sample) studied, characterization of exposure, and confounding factors.
    (2) Are there any recent studies that examine the dermal effects of 
CrVI exposure?
    (3) Are there any studies showing adverse health effects resulting 
from routes of occupational CrVI exposure other than dermal contact and 
inhalation? What are those adverse health effects?
    (4) Are there any important studies related to the dose response 
behavior of CrVI, including cellular, mechanistic, and dosimetric 
considerations? For instance, are any health effects of CrVI dependent 
on the time period over which exposure occurs rather than dependent on 
the total cumulative dose received or are there data that suggest CrVI 
exhibits a threshold effect?
    (5) Do short-term peak exposures play a role in causing adverse 
CrVI health

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effects? If so, what studies are available that examine these types of 
effects. How should short-term peak exposures be addressed when 
evaluating CrVI health effects data? In answering, please consider both 
animal and human studies.
    (6) How should OSHA address animal and epidemiological studies that 
rely on different analytical methods than are currently available to 
assess exposure when evaluating the health effects data contained in 
those studies?
    (7) Animal studies are designed to test individual CrVI compounds 
(e.g., lead chromate, strontium chromate, potassium chromate). 
Epidemiological studies are designed to evaluate CrVI exposures in 
individual workplaces or by types of industries (e.g., chromate 
production, welding, pigment manufacture). Can or should the results 
from these individually tested compounds or work settings/industries be 
grouped together to assess the overall toxicity of CrVI or should each 
compound or industry be analyzed separately? Do different CrVI 
compounds have specific properties (e.g, solubility) that should be 
taken into consideration when evaluating animal or human studies?

B. Risk Assessment

    OSHA is aware of the following risk assessments on human studies of 
lung cancer among workers exposed to CrVI via inhalation: The 1984 risk 
assessment prepared by the U.S. EPA (Ex. 19-1); the 1986 risk 
assessment prepared by Gibb et al. (Ex. 7-102); and the 1995 risk 
assessment by K.S. Crump Division (Ex. 13-5). These risk assessments 
relied heavily on the epidemiologic studies conducted by Mancuso (1975, 
Ex. 18-3) and Hayes et al. (Ex. 1979, Ex. 7-15). Since these risk 
assessments, Gibb et al. (2000, Ex. 25) has updated the investigation 
of the cohort originally studied by Hayes et al. (Ex. 7-15). This study 
notes limitations in the Mancuso data. OSHA is seeking the best 
available data to use in assessments of occupational risks of CrVI-
related adverse health effects to CrVI-exposed workers. OSHA is 
especially interested in studies of occupational exposure that quantify 
exposure data and control for important confounding variables, have 
good statistical power, and are well conducted.
    (8) Do the EPA (Ex. 19-1), the Gibb et al (Ex. 7-102) and the K.S. 
Crump (Ex. 13-5) risk assessments adequately characterize the lung 
cancer risks of CrVI? Please provide your rationale including 
information on studies selected and risk assessment methodology.
    (9) What approaches (i.e., methods, models, data used) should OSHA 
use for estimating risk of CrVI exposure?
    (10) Are there biological endpoints, besides lung cancer, that 
could or should be used to estimate the occupational risk to CrVI-
exposed workers?
    (11) What mathematical models are appropriate to quantify the risk 
of cancer or other adverse health effects associated with exposure to 
CrVI? What are the strengths and weaknesses of those models?
    (12) Animal studies can add value to a risk assessment in areas 
such as dose-response. What, if any, animal studies are appropriate for 
use in a CrVI risk assessment? Which animal species, tumor incidences, 
route(s) of administration, and dose level(s) would be most 
appropriate.
    (13) When extrapolating from animal studies, what additional 
corrections, if any, should be made to account for the route of 
exposure used in the study (e.g., topical application, injection, 
inhalation)?
    (14) What other factors should OSHA take into consideration when 
analyzing risks associated with exposure to CrVI at the current 
permissible exposure level and in determining safe levels of exposure 
to CrVI?

C. Methods of Analyzing Exposure Levels

    In June 1998, OSHA revised and validated its analytical method 
``ID-215'' to evaluate airborne occupational exposures of CrVI (Ex. 
29). The method, ID-215, is very sensitive, with a qualitative 
detection limit of 0.001 ug/m3 for a 960 liter air sample. 
The quantitative detection limit is 0.003 ug/m3 for a 960 
liter air sample.
    Method ID-215 is an improvement over prior analytical methods for 
airborne CrVI. Prior methods may have been subject to greater 
interference from other heavy metals. In addition, reducing agents such 
as Fe(II) could convert CrVI to CrIII and thus reduce the amount of 
CrVI reported as measured.
    (15) Are there methods other than ID-215 for measuring exposure 
levels in the range of 0.02 to 10 ug/m3 that would be as 
accurate as, or more accurate than, OSHA's ID-215?
    (16) Are there methods for conducting wipe samples?
    (17) Are there methods for conducting field-tests?
    (18) Are there methods to determine the presence or absence of CrVI 
in buildings for which no blueprints are in existence?

D. OSHA's Investigations into Occupational Exposures, Control Measures, 
and Technological and Economic Feasibility

    In 1994, OSHA contractor Meridian Research, Inc. delivered to the 
agency a report, Selected Chapters of an Economic Impact Analysis for a 
Revised OSHA Standard for Chromium VI: Introduction, Industry Profiles, 
Exposure Profiles, Technological Feasibility (for 6 Industries) and 
Environmental Impacts. (Ex. 26 ). This report was based, in part, on 
earlier analyses conducted by Centaur (Ex. 27). The purpose of the 
Meridian report was to ``evaluate the impact a revision of the 
Occupational Safety and Health Administration (OSHA) standard for CrVI 
may have in the principal industries that would be affected by the new 
standard'' and to ``[identify] the potentially affected industries, 
[discuss] the structure of these industries, [determine] the size of 
the population at risk, [identify] current levels of exposure, and 
[describe] some of the economic impacts potentially associated with a 
reduction in CrVI exposures.''
    Meridian identified many industries with potential CrVI exposure 
for which Meridian was unable to provide full information. For example, 
OSHA lacks information on number of employees exposed, number of sites, 
nature and level of exposures, controls and how CrVI is used in 
processes for industries such as woodworking, refractory brick 
production, portland cement uses and leather tanning. Moreover, in the 
years since the Meridian report, market forces, technological changes 
and environmental factors have, in varying degrees, altered the 
magnitude, frequency, and duration of employee exposures in the 
industries that have traditionally handled CrVI. Because of these 
trends, some industries have abandoned or dramatically reduced usage of 
CrVI.
    For these reasons, OSHA has worked to obtain additional information 
on affected industries and workers by utilizing the following sources: 
(1) Inspection reports collected and summarized within OSHA's 
computerized Integrated Management Information System; (2) occupational 
health studies; and (3) data related to site visits conducted by the 
National Institute for Occupational Safety and Health (NIOSH) under an 
inter-agency agreement between NIOSH and OSHA. OSHA sought information 
on patterns of employee exposure, specific routes of exposure, type and 
cost of engineering controls in particular industries, and types and 
costs of personal protective

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equipment. OSHA has worked closely with NIOSH on this update. NIOSH has 
completed its field surveillance program and has delivered reports on 
roughly one-half of the sites. It has also summarized exposure data for 
the remaining sites. (Ex. 28). OSHA requests that the public review the 
industrial and exposure data reported by Meridian and NIOSH and provide 
comment on the representativeness of these data. OSHA further requests 
that the public comment on technological and economic forces that, 
especially within the last five to ten years, have altered worker 
exposure to CrVI.
Employee Exposure and Monitoring
    (19) Are the industrial profiles described by Meridian and NIOSH 
reasonably reflective of current conditions, or have workplace and 
process conditions and worker activities changed to such an extent that 
the profiles would need revision? Are there industries or processes 
with CrVI exposures that are not covered in these reports?
    (20) Are the exposure profiles reported by Meridian and NIOSH 
reasonably representative of affected industry processes or have there 
been changes in the statistical distribution of worker exposures in 
those profiles? OSHA requests exposure data that will enable the Agency 
to expand its current profile of the exposed worker population. For 
cases where commenters are able to provide exposure data, OSHA requests 
that, if possible, exposure data be personal samples with clear 
descriptions of the length of the sample. If this is not possible, the 
exposure data should clearly indicate the form and length of the 
exposure. In addition, exposure data that provide information 
concerning the controls in place are more valuable than exposure data 
without such information
    (21) What are the job categories in which employees are potentially 
exposed to CrVI in your company or industry? For each job category, 
provide a brief description of the operation.
    (22) How many employees are exposed, or have the potential for 
exposure, to CrVI in each job category in your company or industry?
    (23) What are the frequency, duration and levels of exposures to 
CrVI at each job category in your company or industry? Include the 
analytical method and type of samples used for determining exposure 
levels. For cases where commenters are able to provide exposure data, 
OSHA requests that, if possible, exposure data be personal samples with 
clear descriptions of the length of the sample. If this is not 
possible, the exposure data should clearly indicate the form and length 
of the exposure.
    (24) What engineering controls and types of protective equipment 
are either in use or available for each job category?
    (25) What sampling and analytical methods are currently available 
to measure CrVI in your workplace? Provide details on the accuracy and 
precision of the sampling method, the range and limits of detection, 
the method of validation of sampling and analysis, and chemical 
interference.
    (26) Describe any programs you have implemented for initial 
monitoring of exposure to CrVI. Do you conduct initial sampling or do 
you rely on objective data to estimate CrVI exposures? Describe any 
other programs you have implemented for assessing an employee's initial 
exposure to CrVI.
    (27) Describe any follow-up or subsequent exposure assessments that 
you conduct. How often do you conduct any such follow-up or subsequent 
exposure assessments?
Control Measures and Technological Feasibility
    (28) Have there been technological changes within your industry 
that have influenced the magnitude, frequency, or duration of exposure 
to CrVI and the means by which employers attempt to control exposures? 
The Agency requests that commenters describe in detail any 
technological changes within industries that have altered methods of 
control. Provide direct links between control technologies and data on 
exposure levels associated with the application of controls.
    (29) Have you installed engineering controls or adopted work 
practices with the purpose of reducing exposure to CrVI? If so, have 
these controls or work practices resulted in a reduction of CrVI 
exposure? Please give specific examples where the introduction of 
controls and work practices have reduced exposure to CrVI.
    (30) Has there been a trend to eliminate CrVI from production 
processes, products and services? If so, OSHA requests that interested 
parties comment on the success of substitution efforts. In particular, 
OSHA requests that commenters estimate the percentage reduction in 
CrVI, and the extent to which CrVI is still necessary in their 
processes within product lines or production activities. OSHA also 
requests that commenters describe any technical, economic or other 
barriers or hindrances to substitution.
Economic Impact
    (31) The Agency seeks comment on potential impacts of reducing 
occupational exposures to CrVI, in terms of costs of controls, 
reduction in illness, cost savings related to accident avoidance, 
effects on revenue and profit, changes in worker productivity, or any 
other impact measure that commenters wish to identify. In describing 
and estimating impacts, please provide explicit examples of costs that 
could be incurred (e.g., dollar estimates of controls) or benefits that 
could be achieved (e.g., dollar estimates of medical savings from 
reduced cases of chromium-related illness).
    (32) OSHA requests that commenters provide information on changes 
in market conditions that could result from reducing employees' 
exposures to CrVI. Include in your response any changes in market 
structure or concentration, or effects on domestic or international 
shipments of chromium-related products or services, that would result 
from reducing occupational exposures to CrVI.

E. Personal Protective Equipment and Respirators

    (33) Are respirators provided to employees in your company or 
industry to protect against excessive airborne exposure CrVI? Why are 
they necessary and how are these respirators selected? Identify the 
type, model number, and manufacturer of such respirators by task.
    (34) What other types of protective equipment, such as gloves, 
aprons, or other clothing, are provided to employees? How is this 
protective equipment selected?
    (35) Under what conditions (e.g., exposure level, type of 
operations, duration of exposure) are protective equipment and 
respirators used?
    (36) Are there processes or areas where it is infeasible to use 
respirators or other protective equipment to protect against exposure 
to CrVI? Describe those situations and explain why it is difficult to 
use protective equipment. How are employees protected in those 
situations?

F. Employee Training

    (37) What job categories are included in your training program for 
reducing risks associated with CrVI exposure? How do you determine 
which job categories receive training?
    (38) Describe the training employees receive, including the length 
and frequency of the training course, the topics covered, and the 
availability of training aids such as audio-visual aids and written 
operating instructions. Also

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describe any other factors that affect the cost of training and provide 
any estimate of the cost of training.
    (39) How do you determine the effectiveness of the training? Are 
decreased absenteeism, decreased medical/insurance costs, decreased 
accident rates/severity, and increased productivity factors in your 
determination? Are there any other factors in your determination? How 
are language barriers to training addressed?
    (40) Are there ways in which CrVI-related training could be 
improved?

G. Medical Programs

    OSHA is interested in medical programs that employers use or could 
use in the identification of signs and symptoms of illnesses associated 
with occupational exposures to CrVI. OSHA is especially interested in 
those programs focusing on prevention or treatment of CrVI-related 
injuries or illnesses for employees who have occupational exposure to 
CrVI.
    (41) What medical or clinical examinations have potential 
usefulness in identifying workers with adverse health effects resulting 
from occupational CrVI exposure? Include specific tests or procedures 
used in any such examination and other useful information, such as the 
types of laboratories used for biological tests, the frequency of 
examinations and follow-up tests, and the contents of the examinations?
    (42) What CrVI-related illnesses or conditions have you observed? 
What programs do you have in place to detect and refer employees for 
medical management?
    (43) Do you have any information to suggest that the use of an 
employee medical management program designed to prevent adverse CrVI-
related health effects such as ``chrome holes'' (ulcerations of the 
skin caused by CrVI) or nasal septum perforations reduces the incidence 
or prevalence of other CrVI-related effects, such as lung or other 
cancers?
    (44) Are there any studies that suggest that elevated biological 
indicators (such as CrVI in blood or urine) are associated with an 
elevated risk of lung cancer or other adverse health effects such as 
asthma? What are normal levels of chromium in blood or urine in non-
occupational exposed populations? Are these indicators affected by 
diet?
    (45) Is there any information that suggests that biological 
indicators other than CrVI in blood or urine could be appropriate for 
evaluating risk of adverse health effects associated with CrVI 
exposures among workers?
    (46) Are there any studies that suggest that chromium with other 
valences, other than in the CrVI valence, can be taken up by the red 
blood cells?
    (47) When you evaluate an employee's chromium-blood levels, do you 
use whole blood or packed red blood cells? What is the significance of 
using one over the other?
    (48) How do you determine eligibility in your medical screening 
program?
    (49) Provide any information relating reduction in adverse health 
outcomes to the implementation of medical surveillance programs.
    (50) Are your healthcare costs less after medical screening is 
initiated?
    (51) Do you ever remove employees because of illness or injury 
related to CrVI exposure? If so, describe the circumstances of the 
removal and potential return. For how long are these employees removed? 
Are workers ever permanently removed?
    (52) Please describe any special medical screening and treatment 
you conduct for chrome holes, dermatoses, and nasal septal 
perforations.

H. Environmental Effects

    The National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 
4321, et seq.), the Council on Environmental Quality (CEQ) regulations 
(49 CFR. Part 1500, 43 F.R. 55978, November 29, 1978), and the 
Department of Labor (DOL) NEPA Compliance Regulations (29 CFR. Part 
11); (45 F.R. 51187 et seq., August 1, 1980) require that OSHA give 
appropriate consideration to environmental issues and impacts of 
proposed actions significantly affecting the quality of the human 
environment. OSHA is currently collecting written information and data 
on possible environmental impacts that could occur outside of the 
workplace (e.g., exposure to the community through contaminated air/
water, contaminated waste sites, etc.) if the agency were to issue 
guidance or revise the existing standard for occupational exposure to 
CrVI. Such information should include both negative and positive 
environmental effects that could be expected to result from guidance or 
a revised standard. Specifically, OSHA requests comments and 
information on the following:
    (53) How might reducing occupational exposures to CrVI exposure 
affect the environment?
    (54) What is the potential direct or indirect impact of reducing 
employee exposure to CrVI exposure on water and air pollution, energy 
usage, solid waste disposal, and land use?
    (55) How would any available CrVI substitutes alter ambient air 
quality, water quality, solid waste disposal, and land use?
    (56) Are there situations in which reducing CrVI exposures to 
employees would be inconsistent with meeting environmental regulations?

I. Impact on Small Business Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), OSHA 
is required to assess the impact of proposed and final rules on small 
entities. OSHA requests that members of the small business community, 
or other parties familiar with regulation of small business, address 
any special circumstances facing small firms in controlling 
occupational exposure to CrVI.
    (57) How many and what kinds of small businesses or other small 
entities in your industry could be affected by reducing exposures to 
CrVI? Describe any such effects.
    (58) Are there special issues that make control of CrVI exposures 
more difficult or more costly in small firms?
    (59) Are there any reasons that the benefits of reducing 
occupational exposure to CrVI might be less in small firms than in 
larger firms? With regard to potential impacts on small firms, please 
describe specific concerns that should be addressed. Please describe 
alternatives that might serve to minimize these impacts while meeting 
the requirements of the OSH Act.

J. Duplication/Overlapping/Conflicting Rules

    (60) Are there any federal regulations that might duplicate, 
overlap or conflict with guidance or a revised standard concerning 
CrVI? If so, identify which ones and explain how they would duplicate, 
overlap or conflict.
    (61) Are there any federal programs in areas such as defense or 
energy that might be impacted by guidance or a revised standard 
concerning CrVI? If so, identify which ones and explain how they would 
be impacted.

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, 200 Constitution Avenue, NW., Washington, DC 
20210. It is issued pursuant to sections 4, 6, and 8 of the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657), 
Secretary's Order 3-2000, and 29 CFR Part 1911.


[[Page 54394]]


    Signed at Washington, DC this 16th day of August, 2002.
John L. Henshaw,
Assistant Secretary of Labor.
[FR Doc. 02-21449 Filed 8-21-02; 8:45 am]
BILLING CODE 4510-26-P