Section 325.77101. Scope.

Rule 1. (1) These rules apply to all occupational exposures to benzene, chemical abstracts service registry no. 71-43-2, except as provided in subrules (2) and (3) of this rule.

(2)   These rules do not apply to any of the following:

(a)    The storage, transportation, distribution, dispensing, sale, or use of gasoline, motor fuels, or other fuels that contain benzene after its final discharge from bulk wholesale storage facilities, except that operations which dispense gasoline or motor fuels for more than 4 hours per day in an indoor location are covered by these rules.

(b)   Loading and unloading operations at bulk wholesale storage facilities which use vapor control systems for all loading and unloading operations. However, such operations are subject to the provisions of R 325.77107 and R 325.77109(c) and the Hazard Communication provisions of sections 14a to 14m of the Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, MCL 408.1014a to 408.1014m.

(c)    The storage, transportation, distribution, or sale of benzene or liquid mixtures that contain more than 0.1% benzene in intact containers or in transportation pipelines while sealed in a manner to contain benzene vapors or liquid. However, such storage, transportation, distribution, or  sale   is  subject  to  the  provisions  of  R 325.77107  and R 325.77109(c) and the hazard communication provisions of sections 14a to 14m of the Michigan Occupational Safety and Health Act (MIOSHA), 1974 PA 154, MCL 408.1014a to 408.1014m.

(d)  Containers and pipelines that carry mixtures which are less than 0.1% benzene.

(e)    Natural gas-processing plants that process gas which contains less than 0.1% benzene.

(f)  Work operations where the only exposure to benzene is from liquid mixtures that contain 0.5% or less of benzene, by volume, or the vapors released from the liquids until September 12, 1988; work operations where the only exposure to benzene is from liquid mixtures that contain 0.3% or less of benzene, by volume, or the vapors released from the liquids from September 12, 1988, to September 12, 1989; and work operations where the only exposure to benzene is from liquid mixtures that contain 0.1% or less of benzene, by

volume, or the vapors released from the liquids after September 12, 1989; except that tire-building machine operators who use solvents which contain more than 0.1% benzene are subject to the provisions of R 325.77109 to R 325.77109h.

(g)   Oil and gas drilling, production, and servicing operations.

(h)   Coke oven batteries.

(3)     Cleaning and repair operations of barges and tankers that have contained benzene   are    excluded    from    the    provisions    of    R 325.77106,    R 325.77106a, R 325.77105(1) to (4), and R 325.77105b. Engineering and work practice controls shall be used to keep exposures below 10 ppm, unless it is proven to be not feasible.

History: 1989 AACS; 2002 AACS; 2014 AACS.