Proposed Rule2025-11638
Ethylene Oxide
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Issuing agencies
Labor DepartmentOccupational Safety and Health Administration
Abstract
This proposed rule revises some substance-specific respirator requirements to allow different types of respirators to be used under OSHA's Ethylene Oxide standard and better aligns this standard with OSHA's Respiratory Protection standard.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28307-28311]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11638]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Parts 1910, 1915, 1917, 1918, and 1926
[Docket No. OSHA-2025-0018]
RIN 1218-AD63
Ethylene Oxide
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed rule revises some substance-specific respirator
requirements to allow different types of respirators to be used under
OSHA's Ethylene Oxide standard and better aligns this standard with
OSHA's Respiratory Protection standard.
DATES: Comments and other information, including requests for a
hearing, must be received on or before September 2, 2025.
Informal public hearing: OSHA will schedule an informal public
hearing on the rule if requested during the comment period. If a
hearing is requested, the location and date of the hearing, procedures
for interested parties to notify the agency of their intention to
participate, and procedures for participants to submit their testimony
and documentary evidence will be announced in the Federal Register.
ADDRESSES:
Written comments: You may submit comments and attachments,
identified by Docket No. OSHA-2025-0018, electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, which is the Federal e-Rulemaking Portal. Follow
the instructions online for making electronic submissions.
Instructions: All submissions must include the agency's name and
the docket number for this rulemaking (Docket No. OSHA-2025-0018). When
uploading multiple attachments to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, please
number all of your attachments because <a href="https://www.regulations.gov">https://www.regulations.gov</a> will
not automatically number the attachments. This will be very useful in
identifying all attachments. For example, Attachment 1--title of your
document, Attachment 2--title of your document, Attachment 3--title of
your document. For assistance with commenting and uploading documents,
please see the Frequently Asked Questions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
All comments, including any personal information you provide, are
placed in the public docket without change and may be made available
online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Therefore, OSHA cautions
commenters about submitting information they do not want made available
to the public, or submitting materials that contain personal
information (either about themselves or others), such as Social
Security Numbers and birthdates.
Docket: The docket for this rulemaking (Docket No. OSHA-2025-0018)
is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, the Federal eRulemaking
Portal. Most exhibits are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>;
some exhibits (e.g., copyrighted material) are not available to
download from that web page. However, all materials in the dockets are
available for inspection at the OSHA Docket Office.
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank Meilinger, Director, OSHA Office
of Communications, Occupational Safety and Health Administration;
telephone: (202) 693-1999; email: <a href="/cdn-cgi/l/email-protection#721f171b1e1b1c1517005c1400131c111b014032161d1e5c151d04"><span class="__cf_email__" data-cfemail="d1bcb4b8bdb8bfb6b4a3ffb7a3b0bfb2b8a2e391b5bebdffb6bea7">[email protected]</span></a>.
General information and technical inquiries: Contact Andrew
Levinson, Director, OSHA Directorate of Standards and Guidance,
Occupational Safety and Health Administration; telephone: (202) 693-
1950; email: <a href="/cdn-cgi/l/email-protection#1f706c777e317b6c785f7b707331787069"><span class="__cf_email__" data-cfemail="a9c6dac1c887cddacee9cdc6c587cec6df">[email protected]</span></a>.
Copies of this Federal Register notice: Electronic copies are
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This Federal Register notice,
as well as news releases and other relevant information, also are
available at OSHA's web page at <a href="https://www.osha.gov">https://www.osha.gov</a>. A ``100-word
summary'' is also available on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Legal Authority and Preliminary Findings
III. Events Leading to the Proposed Rule
IV. Summary and Explanation of the Proposed Requirements
V. Economic Analysis
VI. Additional Requirements
VII. Authority and Signature
VIII. Regulatory Text
I. Executive Summary
This proposed rule is intended to provide greater compliance
flexibility and clarify the policies and procedures employers must
follow when implementing a respiratory protection program in
conjunction with OSHA's Ethylene Oxide standard (29 CFR 1910.1047).
OSHA is proposing to revise some respirator-related provisions where
they are unnecessarily prescriptive, which would result in employers
having greater flexibility in the respirators they select for exposed
workers, while providing equivalent
[[Page 28308]]
worker protection. This proposal is also consistent with OSHA's intent,
when it published the revised Respiratory Protection standard (29 CFR
1910.134), to use it as a foundation for respirator selection in
substance-specific standards.
Additionally, OSHA believes that this proposed rule appropriately
incorporates advances in technology, which have made some provisions of
the Ethylene Oxide standard outdated, and would allow employers to take
advantage of future technological advances. This proposed standard is
intended to account for modern knowledge and technology and to
streamline the selection of respirators.
II. Legal Authority and Preliminary Findings
The purpose of the Occupational Safety and Health Act (29 U.S.C.
651 et seq.) (``the Act'' or ``the OSH Act'') is ``to assure so far as
possible every working man and woman in the Nation safe and healthful
working conditions and to preserve our human resources'' (29 U.S.C.
651(b)). To achieve this goal, Congress authorized the Secretary of
Labor (``the Secretary'') to promulgate standards to protect workers,
including the authority ``to set mandatory occupational safety and
health standards applicable to businesses affecting interstate
commerce'' (29 U.S.C. 651(b)(3); see also 29 U.S.C. 654(a)(2)
(requiring employers to comply with OSHA standards), 29 U.S.C. 655(a)
(authorizing summary adoption of existing consensus and established
federal standards within two years of the Act's enactment), 29 U.S.C.
655(b) (authorizing promulgation, modification or revocation of
standards pursuant to notice and comment), and 29 U.S.C. 655(b)(7)
(authorizing OSHA to include among a standard's requirements labeling,
monitoring, medical testing, and other information-transmittal
provisions)). An occupational safety and health standard is ``. . . a
standard which requires conditions, or the adoption or use of one or
more practices, means, methods, operations, or processes, reasonably
necessary or appropriate to provide safe or healthful employment and
places of employment'' (29 U.S.C. 652(8)). The Secretary may also issue
regulations requiring employers to keep records regarding their
activities relating to the Act, as well as records of work-related
deaths, injuries, and illnesses (29 U.S.C. 657(c)(1)-(2)).
Before OSHA may promulgate a health or safety standard, it must
find that a standard is reasonably necessary or appropriate within the
meaning of section 652(8) of the OSH Act, which OSHA did here in 1974
when it published the air contaminants standard (39 FR 23502) and
reaffirmed when it published a separate standard for Ethylene Oxide in
1984 (49 FR 25734-01). The Supreme Court, in its decision on OSHA's
Benzene standard, interpreted OSHA's obligation under section 652(8) as
requiring it to evaluate ``whether significant risks are present and
can be eliminated or lessened by a change in practices'' (Indus. Union
Dep't, AFL-CIO v. Am. Petroleum Inst., 448 U.S. 607, 642 (1980)
(plurality opinion)). OSHA originally adopted a consensus standard
recommendation to regulate ethylene oxide in 1974 and later revised the
standard because even at that permissible exposure limit there was
significant risk to employees (49 FR 25734-01). When, as here, OSHA has
previously determined that its standard substantially reduces a
significant risk, it is unnecessary for the agency to make additional
findings on risk for every provision of that standard (see, e.g., Pub.
Citizen Health Research Grp. v. Tyson, 796 F.2d 1479, 1502 n.16 (D.C.
Cir. 1986) (rejecting the argument that OSHA must ``find that each and
every aspect of its standard eliminates a significant risk'')). Rather,
once OSHA makes a general significant risk finding in support of a
standard, the next question is whether a particular requirement is
reasonably related to the purpose of the standard as a whole (see
Asbestos Info. Ass'n/N. Am. v. Reich, 117 F.3d 891, 894 (5th Cir.
1997); Forging Indus. Ass'n v. Sec'y of Labor, 773 F.2d 1436, 1447 (4th
Cir. 1985); United Steelworkers of Am., AFL-CIO-CLC v. Marshall, 647
F.2d 1189, 1237-38 (D.C. Cir. 1980) (``Lead I'')). Therefore, while
OSHA is not making a preliminary finding of significant risk for this
proposed rule, the agency has made a preliminary determination that the
proposed changes are reasonably related to the purpose of the Ethylene
Oxide standard as a whole.
A standard is technologically feasible if the protective measures
it requires already exist, can be brought into existence with available
technology, or can be created with technology that is reasonably
expected to be developed (see Am. Iron and Steel Inst. v. OSHA, 939
F.2d 975, 980 (D.C. Cir. 1991)). Courts have also interpreted
technological feasibility to mean that a typical firm in each affected
industry or application group will reasonably be able to implement the
requirements of the standard in most operations most of the time (see,
e.g., Public Citizen v. OSHA, 557 F.3d 165, 170-71 (3d Cir. 2009)
(citing Lead I at 1272)).
This proposed rule would not substantially modify existing
requirements for respiratory protection in workplaces; nor would it
create new requirements. All employers in compliance with the existing
standard would also be in compliance with the revised standard.
Therefore, OSHA has made a preliminary determination that the proposed
rule would be technologically feasible.
In evaluating economic feasibility, OSHA must consider the average
cost of compliance in an industry rather than costs for individual
employers. In its economic analyses, OSHA ``must construct a reasonable
estimate of compliance costs and demonstrate a reasonable likelihood
that these costs will not threaten the existence or competitive
structure of an industry, even if it does portend disaster for some
marginal firms'' (Am. Iron and Steel Inst., 939 F.2d at 980, quoting
Lead I at 1272). OSHA has made a preliminary finding that this proposal
is economically feasible because it is deregulatory and is expected to
reduce costs for employers. OSHA's economic analysis is presented in
Section V.
The Administrative Procedures Act directs agencies to include in
each rule adopted ``a concise general statement of [the rule's] basis
and purpose'' (5 U.S.C. 553(c)); cf. 29 U.S.C. 655(e) (requiring the
Secretary to publish a ``statement of reasons'' for any standard
promulgated)). This notice satisfies this concise statement
requirement.
III. Events Leading to the Proposed Rule
OSHA adopted the Ethylene Oxide standard in 1984 (49 FR 25734-01).
OSHA also has a general Respiratory Protection standard, 29 CFR
1910.134, which it first promulgated in 1971 (39 FR 9835). OSHA
published a revised Respiratory Protection standard on January 8, 1998
(63 FR 1152). The Respiratory Protection standard contains worksite-
specific requirements for program administration, as well as procedures
for respirator selection, employee training, fit testing, medical
evaluation, and respirator use, among other provisions. OSHA noted that
the revised standard was to ``serve as a `building block' standard with
respect to future standards that may contain respiratory protection
requirements'' (63 FR 1265). In 2006, OSHA revised the Respiratory
Protection standard again to incorporate assigned protection factors
(APFs) in the respirator selection process (71 FR 50122-01).
[[Page 28309]]
Several OSHA standards regulating exposure to toxic substances and
harmful physical agents, including the Ethylene Oxide standard, require
compliance with many provisions of 29 CFR 1910.134. However, when
revising the Respiratory Protection standard, the Agency decided to
retain several special respirator selection provisions in the existing
substance-specific standards. In this regard, OSHA noted that the
respirator selection requirements retained in the substance-specific
standards were developed in rulemakings to provide protection against a
hazardous characteristic or condition unique to the regulated
substance. Consequently, OSHA felt that preserving these provisions in
the individual substance-specific standards would maintain the level of
respiratory protection afforded to employees.
In this proposal, OSHA is revisiting some of those determinations;
the agency now believes that there are additional ways that substance-
specific standards can rely on 29 CFR 1910.134 without compromising
employee safety. The purpose of revising the respirator-related
provisions of OSHA's Ethylene Oxide standard is to conform them, to the
extent possible, with other substance-specific standards and to the
revised 29 CFR 1910.134 in general. The proposed updates would improve
the Ethylene Oxide standard because they will remove unnecessarily
specific respirator requirements as well as language that is
duplicative of the requirements of the Respiratory Protection standard
and allow for greater flexibility in the selection of equally
protective respirators. OSHA also believes that advances in technology
have made the Ethylene Oxide standard outdated in some areas. This
revised standard is intended to take account of new knowledge and
technology.
OSHA expects that the rule would ultimately reduce the compliance
burden on the regulated community, without compromising worker safety.
Therefore, OSHA believes this proposed rule is consistent with
Executive Order (E.O.) 14219, ``Ensuring Lawful Governance and
Implementing the President's `Department of Government Efficiency'
Deregulatory Initiative,'' E.O. 14192, ``Unleashing Prosperity Through
Deregulation,'' and the goal of removing regulations that harm the
national interest by impeding technological innovation or private
enterprise and entrepreneurship.
IV. Summary and Explanation of the Proposed Requirements
OSHA is proposing to revise paragraph (g) of its general industry
Ethylene Oxide standard (29 CFR 1910.1047) to reduce compliance
burdens, allow for the use of more up-to-date technology, and improve
the comprehensibility of the requirements for respiratory protection
programs. These revisions would simplify compliance for employers by
removing requirements in 1910.1047 that are duplicative with the
requirements in 1910.134. The proposed revisions would also remove
unnecessary restrictions on respirator selection where another equally
protective option exists.Finally, these revisions conform the Ethylene
Oxide standard, to the extent possible, to other substance-specific
standards and to 29 CFR 1910.134. The Agency preliminarily concludes,
therefore, that updating these rules is consistent with the goal of
reducing undue burden and facilitating the use of new technology.
OSHA preliminarily determined that paragraphs (g)(1)(i) through
(iv) of the Ethylene Oxide standard, which specify when respirators
must be used, unnecessarily duplicate the general provisions in
1910.134(a). Therefore, the agency is proposing to remove those
paragraphs and add a cross reference to 1910.134(a)(2) in paragraph
(g)(1).OSHA does not intend for these changes to add to or change the
regulatory burden on employers; actions that were in compliance with
the requirements in 1910.1047(g) would also be in compliance with
proposed paragraph (g).
Additionally, OSHA is proposing to remove provisions in paragraph
(g)(3)(i) and paragraph (g)(3)(ii) of the Ethylene Oxide standard.
Paragraph (g)(3)(i) prohibits the use of half masks because ethylene
oxide may cause eye irritation or injury, but paragraph (g)(4) already
requires employers to provide appropriate protective clothing or
equipment when employees could have eye or skin contact. OSHA has
preliminarily determined that removing paragraph (g)(3)(i)'s
prohibition on half masks would provide greater compliance flexibility
for employers because employers could newly select a half mask and then
additionally provide eye protection or a face shield under paragraph
(g)(4) to ensure equivalent protection for workers. OSHA has also
preliminarily determined that paragraph (g)(3)(ii), which requires
employers to equip each air-purifying, full facepiece respirator with a
front- or back-mounted canister approved for protection against
ethylene oxide, is unnecessarily prescriptive and duplicates the
general provisions in 1910.134(d) of the Respiratory Protection
standard. The agency believes that, in the Respiratory Protection
standard, paragraphs (d)(3)(ii), which requires the respirator selected
is appropriate for the chemical state and physical form of the
contaminant, and (d)(3)(iii), which has requirements related to the
selection and use of cartridges and canisters for protection against
gases and vapors, provide equivalent protection and the removal of this
provision in the Ethylene Oxide standard would potentially provide more
compliance options. Therefore, the agency is proposing to remove and
reserve that paragraph.
OSHA recognizes that adopting these revisions will also result in
the revision of the respiratory protection requirements in OSHA's
construction, shipyard employment, marine terminals, and longshoring
standards for ethylene oxide (see 29 CFR 1926.1147, 29 CFR 1917.1, 29
CFR 1918.1, and 29 CFR 1915.1047, which apply the requirements in
1910.1047 to construction, marine terminals, longshoring, and
shipyards). OSHA requests comment regarding whether there are any
considerations that are unique to the use of respirators for protection
against ethylene oxide hazards in construction, shipyards, marine
terminals, or longshoring that OSHA should consider when finalizing
this proposal. OSHA is in the process of appointing members to the
Advisory Committee on Construction Safety and Health (ACCSH). The
agency intends to present this proposed rule to ACCSH once that process
is complete. The agency will put the Committee's recommendations on the
OSHA website and in the docket for this proposed rule prior to the
close of the comment period to allow the public to provide comments on
those recommendations.
OSHA requests comments on this proposal, including responses
regarding the following issues:
1. Are there any concerns that making the changes described in this
proposal will decrease worker safety? If so, which provisions and why?
2. Are there alternative approaches OSHA should consider for any of
these revisions?
3. Are there any concerns that removing any of the substance-
specific provisions in the Ethylene Oxide standard and relying on the
generic requirements of the Respiratory Protection standard will
inadequately capture the content and requirements of
[[Page 28310]]
the current substance-specific provisions?
V. Economic Analysis
This proposed rule would expand compliance options for employers
under the Ethylene Oxide standard, 29 CFR 1910.1047, by allowing
employers to provide half mask respirators rather than full facepiece
respirators, and therefore OSHA has preliminarily concluded that there
would be no additional costs imposed by the proposed revisions. OSHA
also anticipates that there would be some cost savings associated with
this rule, including savings based on employers being able to choose
more cost-effective respirators and a reduction of the burdens
associated with reviewing unnecessarily duplicative regulations.
Based on the Supporting Statement for the Information Collection
Request (ICR) for the Ethylene Oxide standard, OSHA estimates that
there are 30,906 employees exposed to ethylene oxide. In that ICR, OSHA
also estimated that ``6% of all facilities [. . .] will have exposures
above the EL.'' \1\ Assuming that 6 percent applies to employees as
well, OSHA estimates that 1,854 employees are exposed above the EL and
are wearing respirators. The cost of a full-face respirator is $255 \2\
and a half-face respirator costs $40.\3\ Employees using a half mask
respirator would also need safety goggles for eye protection. OSHA
determined that safety goggles cost $2.25 \4\ and need to be replaced 5
times a year (based on OSHA's 2007 PPE Payment FEA (72 FR 64342)), for
an annual cost of $11.25. Assuming that both types of respirators are
replaced annually, that there is no difference in the price of
canisters/cartridges, and that cleaning wipes would be used in equal
amounts for either respirator, there is a difference in cost between
the full facepiece respirator and the half mask plus goggles of $203.75
per employee annually.
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\1\ See Document ID OSHA-2009-0035-0015.
\2\ <a href="https://www.uline.com/BL_992/3M-Full-Face-Respirators">https://www.uline.com/BL_992/3M-Full-Face-Respirators</a>.
Accessed June 5, 2025.
\3\ <a href="https://www.uline.com/BL_992/3M-Full-Face-Respirators">https://www.uline.com/BL_992/3M-Full-Face-Respirators</a>.
Accessed June 5, 2025.
\4\ <a href="https://www.uline.com/BL_8952/Uline-Economy-Safety-Goggles">https://www.uline.com/BL_8952/Uline-Economy-Safety-Goggles</a>.
Accessed June 5, 2025.
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OSHA does not currently have sufficient information to quantify how
many of the exposed employees would use a half mask respirator.
However, if 50 percent of the exposed employees were to use half mask
respirators plus goggles instead of full facepiece respirators, that
could result in savings, based on equipment alone, of approximately
$189,000 annually (or about $1.4 million over 10 years at a 3 percent
discount rate).
OSHA is seeking comments and data on this preliminary analysis,
including on the following questions:
1. How much do employers expect to save based on the increased
flexibility in respirator selection?
a. How many employees would employers expect to use half mask
respirators instead of a full facepiece under the proposed revisions?
2. How much familiarization time would employers who are new
entrants to the market expect to save based on the revisions?
3. Are there any other savings for employers that would result from
the proposed change?
4. Are there any benefits for worker protection that can be
anticipated from this proposed change?
5. Are there any costs for employers that would result from this
change that OSHA has not considered?
6. Would there be savings to employers outside of general industry
related to this proposal? If so, would they be similar to what OSHA has
estimated for general industry employers?
A. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
OSHA reviewed this proposed rule under the provisions of the
Regulatory Flexibility Act. This rule would eliminate burdensome
regulations. Therefore, OSHA initially concludes that the impacts of
the revisions would not have a ``significant economic impact on a
substantial number of small entities,'' and that the preparation of an
IRFA is not warranted. OSHA will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
B. Review Under Executive Order 12866
E.O. 12866, ``Regulatory Planning and Review'' (58 FR 51735 (Oct.
4, 1993)), requires agencies, to the extent permitted by law, to (1)
propose or adopt a regulation only upon a reasoned determination that
its benefits justify its costs (recognizing that some benefits and
costs are difficult to quantify); (2) tailor regulations to impose the
least burden on society, consistent with obtaining regulatory
objectives, taking into account, among other things, and to the extent
practicable, the costs of cumulative regulations; (3) select, in
choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance
objectives, rather than specifying the behavior or manner of compliance
that regulated entities must adopt; and (5) identify and assess
available alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior, such as user
fees or marketable permits, or providing information upon which choices
can be made by the public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) for review. OIRA has determined that this
proposed rule would not constitute a ``significant regulatory action''
under section 3(f) of E.O. 12866. Accordingly, this proposal was not
submitted to OIRA for review under E.O. 12866.
VI. Additional Requirements
A. Requirements for States With OSHA-Approved State Plans
Under section 18 of the OSH Act (29 U.S.C. 651 et seq.), Congress
expressly provides that States may adopt, with Federal approval, a plan
for the development and enforcement of occupational safety and health
standards that are ``at least as effective'' as the Federal standards
in providing safe and healthful employment and places of employment (29
U.S.C. 667). OSHA refers to these OSHA-approved, State-administered
occupational safety and health programs as ``State Plans.'' \5\
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\5\ Of the 29 States and U.S. territories with OSHA-approved
State Plans, 22 cover public and private-sector employees: Alaska,
Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland,
Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon,
Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia,
Washington, and Wyoming. The remaining six States and one U.S.
territory cover only State and local government employees:
Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York,
and the Virgin Islands.
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When Federal OSHA promulgates a new standard or a more stringent
amendment to an existing standard, State Plans must either amend their
standards to be identical to, or ``at least as effective as,'' the new
Federal standard or amendment, or show that an existing State Plan
standard covering this issue is ``at least as effective'' as the new
Federal standard or amendment (29
[[Page 28311]]
CFR 1953.5(a)). However, when OSHA promulgates a new standard or
amendment that does not impose additional or more stringent
requirements than an existing standard, State Plans do not have to
amend their standards, although they may opt to do so. OSHA has
preliminarily determined this proposed rule does not impose additional
or more stringent requirements than the existing standard, and
therefore State Plans are not required to amend their standards. OSHA
seeks comment on this assessment of its proposal.
B. OMB Review Under the Paperwork Reduction Act of 1995
The Paperwork Reduction Act (PRA) defines ``collection of
information'' to mean ``the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third parties or the public,
of facts or opinions by or for an agency, regardless of form or
format'' (44 U.S.C. 3502(3)(A)). Under the PRA, a Federal agency cannot
conduct or sponsor a collection of information unless it is approved by
OMB under the PRA and the agency displays a currently valid OMB control
number (44 U.S.C. 3507). Also, notwithstanding any other provisions of
law, no person shall be subject to penalty for failing to comply with a
collection of information if the collection of information does not
display a currently valid OMB control number (44 U.S.C. 3512(a)(1)).
The process for OMB approval is found in 5 CFR part 1320.
This proposed rule would impose no new information collection
requirements. Because the revisions are deregulatory and affect only
minor changes to the existing information collections in the Ethylene
Oxide standards (OMB Control Number 1218-0108), OMB has waived the
requirements of 5 CFR part 1320 and approved the modified Information
Collection Request (ICR) under existing OMB Control Number 1218-0108
(see 5 CFR 1320.18(d)).
C. Environmental Impacts/National Environmental Policy Act (NEPA)
OSHA has reviewed this proposed rule according to the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), as
amended by the Fiscal Responsibility Act of 2023 (Pub. L. 118-5, 321,
137 Stat. 10), and the Department of Labor's NEPA procedures (29 CFR
part 11). OSHA has determined that this proposal would have no impact
on the quality of the human environment.
D. Other Statutory and Executive Order Considerations
OSHA has considered its obligations under the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et seq.) and the Executive Orders on
Consultation and Coordination With Indian Tribal Governments (E.O.
13175, 65 FR 67249 (Nov. 6, 2000)), Federalism (E.O. 13132, 64 FR 43255
(Aug. 10, 1999)), and Protection of Children From Environmental Health
Risks and Safety Risks (E.O. 13045, 62 FR 19885 (Apr. 23, 1997)). Given
that this is a proposed deregulatory action that involves the removal
of requirements, that OSHA does not foresee economic impacts of $100
million or more, and that the action does not constitute a policy that
has federalism or tribal implications, OSHA has determined that no
further agency action or analysis is required to comply with these
statutes and executive orders. Furthermore, OSHA has determined that
this proposal is consistent with the policies and directives outlined
in E.O. 14192, ``Unleashing Prosperity Through Deregulation'' and is an
Executive Order 14192 deregulatory action.
List of Subjects in 29 CFR Part 1910
Assigned protection factors, Airborne contaminants, Health,
Occupational safety and health, Respirators, Respirator selection.
VII. Authority and Signature
This document was prepared under the direction of Amanda Laihow,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
It is issued under the authority of sections 4, 6, and 8 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, and
657), 5 U.S.C. 553, Secretary of Labor's Order No. 8-2020 (85 FR
58393), and 29 CFR part 1911.
Signed at Washington, DC, on June 20, 2025.
Amanda Laihow,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
VIII. Regulatory Text
Proposed Amendments
For the reasons set forth in the preamble, OSHA is amending 29 CFR
part 1910 as follows:
PART 1910--OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Subpart Z--Toxic and Hazardous Substances
0
1. The authority for 29 CFR 1910 subpart Z is revised to read as
follows:
Authority: 33 U.S.C. 941; 29 U.S.C. 653, 655, 657; Secretary of
Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48
FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR
50017), 5-2002 (67 FR 65008); 5-2007 (72 FR 31160), 4-2010 (75 FR
55355), 1-2012 (77 FR 3912), or 8-2020 (85 FR 58393); 29 CFR part
1911; and 5 U.S.C. 553, as applicable.
All of subpart Z issued under 29 U.S.C. 655(b), except those
substances that have exposure limits listed in Tables Z-1, Z-2, and
Z-3 of Sec. 1910.1000. The latter were issued under 29 U.S.C.
655(a).
Section 1910.1000, Tables Z-1, Z-2 and Z-3 also issued under 5
U.S.C. 553, but not under 29 CFR part 1911 except for the arsenic
(organic compounds), benzene, cotton dust, and chromium (VI)
listings.
Section 1910.1001 also issued under 40 U.S.C. 3704 and 5 U.S.C.
553.
Section 1910.1002 also issued under 5 U.S.C. 553, but not under
29 U.S.C. 655 or 29 CFR part 1911.
Sections 1910.1018, 1910.1029, and 1910.1200 also issued under
29 U.S.C. 653.
Section 1910.1030 also issued under Public Law 106-430, 114
Stat. 1901.
Section 1910.1201 also issued under 49 U.S.C. 1801-1819 and 5
U.S.C. 553.
0
2. Section 1910.1047 is amended as follows:
0
1. Revise and republish paragraphs (g)(1) and (g)(3)(i)
0
2. Remove paragraphs (g)(1)(i) through (iv)
0
3. Remove and reserve paragraph (g)(3)(ii)
The revisions and additions read as follows:
Sec. 1910.1047 Ethylene oxide
(g) * * *
(1) General. For employees who use respirators required by this
section, the employer must provide each employee an appropriate
respirator that complies with the requirements of this paragraph.
Respirators must be used when the employer determines that they are
necessary to protect the health of an employee as required under 29 CFR
1910.134(a)(2).
(2) * * *
(3) * * *
(i) Select, and provide to employees, the appropriate respirators
specified in paragraph (d)(3)(i)(A) of 29 CFR 1910.134.
(ii) [Reserved]
* * * * *
[FR Doc. 2025-11638 Filed 6-30-25; 8:45 am]
BILLING CODE 4510-26-P
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