1218-AB76 201610 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1218 Occupational Safety and Health Administration OSHA 1200 Department of Labor DOL Occupational Exposure to Beryllium

In 1999 and 2001, OSHA was petitioned to issue an emergency temporary standard for permissible exposure limit (PEL) to beryllium by the United Steel Workers (formerly the Paper Allied-Industrial, Chemical, and Energy Workers Union), Public Citizen Health Research Group, and others. The Agency denied the petitions but stated its intent to begin data gathering to collect needed information on beryllium's toxicity, risks, and patterns of usage. On November 26, 2002, OSHA published a Request for Information (RFI) (67 FR 70707) to solicit information pertinent to occupational exposure to beryllium, including: current exposures to beryllium; the relationship between exposure to beryllium and the development of adverse health effects; exposure assessment and monitoring methods; exposure control methods; and medical surveillance. In addition, the Agency conducted field surveys of selected worksites to assess current exposures and control methods being used to reduce employee exposures to beryllium. OSHA convened a Small Business Advocacy Review Panel under the Small Business Regulatory Enforcement Fairness Act (SBREFA) and completed the SBREFA Report in January 2008. OSHA also completed a scientific peer review of its draft risk assessment.

]]> Economically Significant Previously Published in The Unified Agenda Final Rule Stage Yes Private Sector 29 CFR 1910 29 U.S.C. 655(b) 29 U.S.C. 657 Yes

Exposure to beryllium causes a disabling and potentially fatal chronic lung disease called Chronic Beryllium Disease (CBD). Exposure to beryllium has also been linked to lung cancer. OSHA proposed to reduce the permissible exposure limit (PEL) by 10 times to 0.2 micrograms of beryllium per cubic meter of air (µg/m3) over an 8-hour time weighted average (TWA) and a short term exposure limit (STEL) of 2.0 µg/m3 over 15 minutes. The proposal also included important requirements such as medical surveillance, medical removal protection, regulated areas, training, and engineering controls.

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29 U.S.C. 655(b); 29 U.S.C. 657

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OSHA also proposed regulatory alternatives to its proposed beryllium rule. These include: scope alternatives to address exposures in the construction and maritime industries; changes to the proposed PEL and STEL; and changes to the proposed ancillary provisions for exposure assessment, personal protective clothing and equipment, medical surveillance, and medical removal.

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The proposed rule for beryllium covers approximately 35,000 workers in General Industry, and OSHA estimated that the proposed rule when fully implemented would produce $575.8 million in annualized benefits over 60 years, far outweighing the expected cost of $37.6 million annually for workplaces in General Industry.

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Prevent 92 deaths from chronic beryllium disease, 4 deaths from lung cancer, and 50 non-fatal cases of chronic beryllium disease each year.

]]> Request for Information (RFI) 11/26/2002 67 FR 70707 RFI Comment Period End 02/24/2003 SBREFA Report Completed 01/23/2008 Initiated Peer Review of Health Effects and Risk Assessment 03/22/2010 Complete Peer Review 11/19/2010 NPRM 08/07/2015 80 FR 47565 NPRM Comment Period End 11/05/2015 Notice of Public Hearing; Date 02/29/2016 12/30/2015 80 FR 81475 Notice of Public Hearing; Date Change 03/21/2016 02/16/2016 81 FR 7717 Final Rule 01/00/2017 Yes Businesses None No No Yes No William Perry Director, Directorate of Standards and Guidance 1218 Occupational Safety and Health Administration OSHA 202 693-1950 202 693-1678 perry.bill@dol.gov 200 Constitution Avenue NW., FP Building, Room N-3718, Washington DC 20210