magmas of the written ?tates washingtun, E013 20515 April 29, 2015 The Honorable Shaun Donovan Director Of?ce of Management and Budget 725 17th Street, NW Washington, DC 20503 Dear Director Donovan: We are writing to inquire when the Of?ce of Management and Budget (OMB) will conclude its review of the proposed Department of Labor rule to limit occupational exposure to beryllium, and allow the Occupational Safety and Health Administration (OSHA) to move forward with a rulemaking process that will include public comment. We understand there is labor union and beryllium metal industry consensus on an updated standard. As set forth in Executive Order 12866, the Of?ce of Information and Regulatory Affairs is required to complete a review of each signi?cant rule within 90 days of its receipt; further, the Executive Order provides for one extension of 30 days. The draft proposed beryllium rule was received by OMB on September 4, 2014, and nearly eight months have now elapsed since this proposed rule was submitted for review, well in excess of the required time frames under Executive Order 12866. The development of a beryllium standard has been underway since it was listed on the Regulatory Agenda in April 1998.1 A petition for an emergency temporary standard was ?led by a union representing beryllium workers in 1999. Already, 17 years in development, we are sure you would agree the delays have been unacceptable. Moreover, there is a public health urgency in moving this proposed rule forward. The Centers for Disease Control, OSHA, and the American Conference of Governmental Industrial Hygienists (ACGIH) have all determined that Permissible Exposure Limit (PEL) for beryllium does not protect workers from contracting chronic beryllium disease suffocating and frequently life ending disease. To address the widespread health problems caused by acute beryllium exposure in the 1940s, two Atomic Energy Commission (AEC) scientists agreed on the current 2 ug/m3 limit, a standard that is still in place today, and that one of the AEC scientists conceded was established on ?a flimsy basis.? Recent study results indicate that between 5 percent and 15 percent of lg beryllium-exposed workers are sensitized and will eventually develop CBD.2 As OSHA Assistant Secretary Dr. David Michaels stated, ?Simply complying with antiquated Permissible Exposure Levels will not guarantee that workers will be safe.?3 I OSHA Semiannual Agenda of Regulations, April 27, 1998, 63 Fed Reg 22217-22275 2 3 OSHA releases new resources to better protect workers from hazardous chemicals, October 24, 2013, Press Release. document?D table=NEWS id=24990 April 29, 2015 Page Two Progress on protecting workers from chronic beryllium disease is both economically and technically feasible, and has broad stakeholder support. The largest domestic player in the beryllium industry, Materion, has joined with the United Steel Workers (USW) Union in asking OSHA to cut its exposure limit to 0.2 ug/m3?a 90 percent reduction from the current OSHA PEL. This follows action by the U.S. Department of Energy, which has required its contractors since January 2000 to establish a program to reduce beryllium exposure to 0.2 pg/m3, an action level which also reduces exposure by 90 percent. In 2006, California OSHA adopted a PEL of 0.2 ug/m3, which is enforceable at this level. In 2009, the ACGIH established a Threshold Limit Value (TLV) for beryllium of 0.05 ug/m3 averaged over an eight-hour work shift, a level well below that being considered in the proposed rule. If the proposed rule is released for comment, OSHA will hold public hearings on the record and to the extent there are concerns about the proposed rule, they can be raised through this process. However, the comment gathering process cannot even begin until OMB releases this rule for El public comment. We urge you to release this proposed beryllium rule for comment as soon as possible and we look forward to an update from OMB on when we can expect the proposed rule?s release. Sincerely, ROBERT SCOTT FREDERICA S. WILSON Ranking Member Ranking Member Committee on Education and the Workforce Subcommittee on Workforce Protections U.S. House of Representatives U.S. House of Representative Pea-M M16222 PATTY MURRAY Ranking Member Rankng Member Committee on Health, Education, Labor Subcommittee on Employment and and Pensions Workplace Safety U.S. Senate U.S. Senate cc: Howard Shelanski, Director, Of?ce of Information and Regulatory Affair