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However, based on the evidence evaluated during the rulemaking process, OSHA has determined a PEL of 50 [mu]g/m\3\ is appropriate because it is the lowest level feasible for all affected industries. The Court gave the following example: If..odds are one in a billion that a person will die from cancer by taking a drink of chlorinated water, the risk clearly could not be considered significant. Following Benzene, OSHA has, in many of its health standards, considered the one-in-a-thousand metric when determining whether a significant risk exists. Subsequently, OSHA further extended the comment period to February 11, 2014 (79 FR 4641 (1/29/14)). The Agency heard testimony from over 200 stakeholders representing more than 70 organizations, such as public health groups, trade associations, and labor unions. Purcell closed the public hearing on April 4, 2014, allowing 45 days--until May 19, 2014--for participants who filed a notice of intention to appear at the hearings to submit additional evidence and data, and an additional 45 days--until July 3, 2014--to submit final briefs, arguments, and summations (Document ID 3589, Tr. After the hearing concluded, OSHA extended the deadline to give those participants who filed a notice of intention to appear at the hearings until June 3, 2014 to submit additional information and data to the record, and until July 18, 2014 to submit final briefs and arguments (Document ID 3569).
OSHA's examination of the technological and economic feasibility of the rule is presented in the Final Economic Analysis and Final Regulatory Flexibility Analysis (FEA), and is summarized in Section VII of this preamble. The Supreme Court further recognized that what constitutes "significant risk" is "not a mathematical straitjacket" (Benzene, 448 U. at 655) and will be "based largely on policy considerations" (Benzene, 448 U. On the other hand, if the odds are one in a thousand that regular inhalation of gasoline vapors that are 2% benzene will be fatal, a reasonable person might well consider the risk significant...(Benzene, 448 U. Moreover, as "a prerequisite to more stringent regulation" in all subsequent health standards, OSHA has, consistent with the Benzene plurality decision, based each standard on a finding of significant risk at the "then prevailing standard" of exposure to the relevant hazardous substance (Asbestos II, 838 F.2d at 1263). As part of the instructions for submitting comments, OSHA requested (but did not require) that parties submitting technical or scientific studies or research results and those submitting comments or testimony on the Agency's analyses disclose the nature of financial relationships with (e.g., consulting agreement), and extent of review by, parties interested in or affected by the rulemaking (78 FR 56274). OSHA emphasizes that it reviewed and considered all evidence submitted to the record. Based upon requests from stakeholders, the second deadline was extended, and parties who filed a notice of intention to appear at the hearing were given until August 18, 2014, to submit their final briefs and arguments (Document ID 4192).
The final rule is based on the requirements of the Occupational Safety and Health Act (OSH Act) and court interpretations of the Act. Each peer reviewer submitted a written report to OSHA.
For health standards issued under section 6(b)(5) of the OSH Act, OSHA is required to promulgate a standard that reduces significant risk to the extent that it is technologically and economically feasible to do so. The courts have interpreted section 6(b)(5) of the OSH Act as requiring OSHA to set the standard that eliminates or reduces risk to the lowest feasible level; as discussed below, the limits of technological and economic feasibility usually determine where the new standard is set (see UAW v. The Agency revised its draft documents as appropriate and made the revised documents available to the public as part of its Notice of Proposed Rulemaking (NPRM).
Notwithstanding the general date of applicability that applies to all other requirements contained in the final rule, affected parties do not have to comply with the collections of information until the Department of Labor publishes a separate notice in the Federal Register announcing the Office of Management and Budget has approved them under the Paperwork Reduction Act. For technical inquiries, contact William Perry or David O'Connor, Directorate of Standards and Guidance, Room N-3718, OSHA, U. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-1950. In a citation that contains two or more document ID numbers, the document ID numbers are separated by semi-colons. In some sections, such as Section V, Health Effects, author names and year of study publication are included before the document ID number in a citation, for example: (Hughes et al., 2001, Document ID 1060; Mc Donald et al., 2001, 1091; Mc Donald et al., 2005, 1092; Rando et al., 2001, 0415). Executive Summary This final rule establishes a permissible exposure limit (PEL) for respirable crystalline silica of 50 [mu]g/m\3\ as an 8-hour time- weighted average (TWA) in all industries covered by the rule. OSHA's policy was given judicial approval in a challenge to an OSHA standard that lowered the permissible exposure limit (PEL) for asbestos (Asbestos II, 838 F.2d at 1264-1265). The courts of appeals have afforded OSHA similar latitude to issue health standards in the face of scientific uncertainty. As discussed with regard to paragraph (f) of the proposed standard for construction (paragraph (c) of the final standard for construction), Table 1 presents specified control measures for selected construction tasks.