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However, based on the evidence evaluated during the rulemaking process, OSHA has determined a PEL of 50 [mu]g/m\ 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).Start-up dates for specific provisions are set in Sec. 2112(a), the Agency designates Ann Rosenthal, Associate Solicitor of Labor for Occupational Safety and Health, Office of the Solicitor of Labor, Room S-4004, U. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, to receive petitions for review of the final rule. Summary of the Final Economic Analysis and Final Regulatory Flexibility Analysis VIII. Some document ID numbers include one or more attachments, such as the National Institute for Occupational Safety and Health (NIOSH) prehearing submission (see Document ID OSHA 2010-0034-2177). This policy is not based on empirical data that most employees are exposed to a particular hazard for 45 years. In December of 2009, OSHA representatives met with ACCSH to discuss the rulemaking and receive their comments and recommendations.

DATES: The final rule is effective on June 23, 2016. Final Quantitative Risk Assessment and Significance of Risk VII. For example, the document ID number for OSHA's Preliminary Economic Analysis and Initial Regulatory Flexibility Analysis is OSHA-2010-0034- 1720. OSHA's longstanding policy is to define "working life" as constituting 45 years; thus, it assumes 45 years of exposure when evaluating the risk of material impairment to health caused by a toxic or hazardous substance. Throughout the crystalline silica rulemaking process, OSHA has presented information to, and consulted with, ACCSH and the Maritime Advisory Committee on Occupational Safety and Health.

OSHA is issuing two separate standards--one for general industry and maritime, and the other for construction--in order to tailor requirements to the circumstances found in these sectors. In choosing among regulatory alternatives, however, "[t]he determination that [one standard] is appropriate, as opposed to a marginally [more or less protective] standard, is a technical decision entrusted to the expertise of the agency..." (Nat'l Mining Ass'n v. 1997)) (analyzing a Mine Safety and Health Administration ("MSHA") standard under the Benzene significant risk standard). Therefore, according to petitioners, OSHA erred in assuming a 45-year working life in calculating the risk of health effects caused by asbestos exposure. OSHA might calculate the health risks of exposure, and the related benefits of lowering the exposure limit, based on an assumption of a shorter working life, such as 25 years, but such estimates are for informational purposes only. Under the command of OSHA, it remains the duty of the Secretary to act to protect the workingman, and to act even in circumstances where existing methodology or research is deficient (Society of the Plastics Industry, Inc. Additionally, the group recommended that OSHA move forward expeditiously with the rulemaking process.

There are, however, numerous common elements in the two standards. Mine Safety and Health Admin., 116 F.3d 520, 528 (D. In making its choice, OSHA may incorporate a margin of safety even if it theoretically regulates below the lower limit of significant risk (Nat'l Mining Ass'n, 116 F.3d at 528 (citing American Petroleum Inst. Best Available Evidence Section 6(b)(5) of the Act requires OSHA to set standards "on the basis of the best available evidence" and to consider the "latest available scientific data in the field" (29 U. In January 2010, OSHA completed a peer review of the draft Health Effects Analysis and Preliminary Quantitative Risk Assessment following procedures set forth by OMB in the Final Information Quality Bulletin for Peer Review, published on the OMB Web site on December 16, 2004 (see 70 FR 2664 (1/14/05)).

OSHA finds that employees exposed to respirable crystalline silica at the preceding PELs are at an increased risk of lung cancer mortality and silicosis mortality and morbidity. In the NPRM, the Agency made a preliminary determination that employees exposed to respirable crystalline silica at the current PELs face a significant risk to their health and that promulgating the proposed standards would substantially reduce that risk.

Occupational exposures to respirable crystalline silica also result in increased risk of death from other nonmalignant respiratory diseases including chronic obstructive pulmonary disease (COPD), and from kidney disease. The NPRM required commenters to submit their comments by December 11, 2013.

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This final rule establishes a new permissible exposure limit of 50 micrograms of respirable crystalline silica per cubic meter of air (50 [mu]g/m\3\) as an 8-hour time- weighted average in all industries covered by the rule. For example, ASTM International (originally known as the American Society for Testing and Materials) has published voluntary consensus standards for addressing the hazards of crystalline silica, and the Building and Construction Trades Department, AFL-CIO also has recommended a comprehensive program standard.