(1) Scope and
application.
(a) This section applies to all
occupational exposure to acrylonitrile (AN), Chemical Abstracts Service
Registry No. 000107131, except as provided in (b) and (c) of this
subsection.
(b) This section does
not apply to exposures which result solely from the processing, use, and
handling of the following materials:
(i) ABS
resins, SAN resins, nitrile barrier resins, solid nitrile elastomers, and
acrylic and modacrylic fibers, when these listed materials are in the form of
finished polymers, and products fabricated from such finished
polymers;
(ii) Materials made from
and/or containing AN for which objective data is reasonably relied upon to
demonstrate that the material is not capable of releasing AN in airborne
concentrations in excess of 1 ppm as an eight-hour time-weighted average, under
the expected conditions of processing, use, and handling which will cause the
greatest possible release; and
(iii)
Solid materials made from and/or containing AN which will not be
heated above 170°F during handling, use, or processing.
(c) An employer relying upon exemption under
(1)(b)(ii) must maintain records of the objective data supporting that
exemption, and of the basis of the employer's reliance on the data as provided
in subsection (17) of this section.
(2) Definitions, as applicable to this
section:
(a)
Acrylonitrile or
AN. Acrylonitrile monomer, chemical formula CH2=CHCN.
(b)
Action level. A
concentration of AN of 1 ppm as an eight-hour time-weighted average.
(c)
Authorized person. Any
person specifically authorized by the employer whose duties require the person
to enter a regulated area, or any person entering such an area as a designated
representative of employees for the purpose of exercising the opportunity to
observe monitoring procedures under subsection (18) of this section.
(d)
Decontamination. Treatment
of materials and surfaces by water washdown, ventilation, or other means, to
ensure that the materials will not expose employees to airborne concentrations
of AN above 1 ppm as an eight-hour time-weighted average.
(e)
Director. The director of
labor and industries, or their authorized representative.
(f)
Emergency. Any occurrence
such as, but not limited to, equipment failure, rupture of containers, or
failure of control equipment, which is likely to, or does, result in unexpected
exposure to AN in excess of the ceiling limit.
(g)
Liquid AN. AN monomer in
liquid form, and liquid or semiliquid polymer intermediates, including
slurries, suspensions, emulsions, and solutions, produced during the
polymerization of AN.
(h)
Polyacrylonitrile or PAN. Polyacrylonitrile homopolymers or
copolymers, except for materials as exempted under subsection (1)(b) of this
section.
(3)
Permissible exposure limits.
(a) Inhalation.
(i) Time-weighted average limit (TWA). The
employer must ensure that no employee is exposed to an airborne concentration
of acrylonitrile in excess of two parts acrylonitrile per million parts of air
(2 ppm), as an eight-hour time-weighted average.
(ii) Ceiling limit. The employer must ensure
that no employee is exposed to an airborne concentration of acrylonitrile in
excess of 10 ppm as averaged over any fifteen-minute period during the working
day.
(b) Dermal and eye
exposure. The employer must ensure that no employee is exposed to skin contact
or eye contact with liquid AN or PAN.
(4) Notification of use and emergencies.
(a) Use. Within ten days of the effective
date of this standard, or within fifteen days following the introduction of AN
into the workplace, every employer must report, unless he has done so pursuant
to the
emergency temporary standard, the following information to the
director
for each such workplace:
(i) The address and
location of each workplace in which AN is present;
(ii) A brief description of each process of
operation which may result in employee exposure to AN;
(iii) The number of employees engaged in
each process or operation who may be exposed to AN and an estimate of the
frequency and degree of exposure that occurs; and
(iv) A brief description of the employer's
safety and health program as it relates to limitation of employee exposure to
AN. Whenever there has been a significant change in the information required by
this subsection, the employer must promptly amend such information previously
provided to the director.
(b)
Emergencies and remedial action. Emergencies, and the facts
obtainable at that time, must be reported within twenty-four hours of the
initial occurrence to the director. Upon request of the director, the employer
must submit additional information in writing relevant to the nature and extent
of employee exposures and measures taken to prevent future emergencies of a
similar nature.
(5)
Exposure monitoring.
(a) General.
(i) Determinations of airborne exposure
levels must be made from air samples that are representative of each employee's
exposure to AN over an eight-hour period.
(ii)
For the purposes of this section, employee exposure is that which
would occur if the employee were not using a respirator.
(b) Initial monitoring. Each employer who
has a place of employment in which AN is present must monitor each such
workplace and work operation to accurately determine the airborne
concentrations of AN to which employees may be exposed. Such monitoring may be
done on a representative basis, provided that the employer can demonstrate that
the determinations are representative of employee exposures.
(c) Frequency.
(i)
If the monitoring required by this section reveals employee
exposure to be below the action level, the employer may discontinue monitoring
for that employee. The employer must continue these quarterly measurements
until at least two consecutive measurements taken at least seven days apart,
are below the action level, and thereafter the employer may discontinue
monitoring for that employee.
(ii)
If the monitoring required by this section reveals employee exposure to be at
or above the action level but below the permissible exposure limits, the
employer must repeat such monitoring for each such employee at least
quarterly.
(iii) If the monitoring
required by this section reveals employee exposure to be in excess of the
permissible exposure limits, the employer must repeat these determinations for
each such employee at least monthly. The employer must continue these monthly
measurements until at least two consecutive measurements, taken at least seven
days apart, are below the permissible exposure limits, and thereafter the
employer must monitor at least quarterly.
(d) Additional monitoring. Whenever there
has been a production, process, control or personnel change which may result in
new or additional exposure to AN, or whenever the employer has any other reason
to suspect a change which may result in new or additional exposures to AN,
additional monitoring which complies with this subsection must be
conducted.
(e) Employee
notification.
(i) Within five working days
after the receipt of monitoring results, the employer must notify each employee
in writing of the results which represent that employee's exposure.
(ii) Whenever the results indicate that the
representative employee exposure exceeds the permissible exposure limits, the
employer must include in the written notice a statement that the permissible
exposure limits were exceeded and a description of the corrective action being
taken to reduce exposure to or below the permissible exposure limits.
(f) Accuracy of measurement. The
method of measurement of employee exposures must be accurate, to a confidence
level of ninety-five percent, to within plus or minus twenty-five percent for
concentrations of AN at or above the permissible exposure limits, and plus or
minus thirty-five percent for concentrations of AN between the action level and
the permissible exposure limits.
(g)
Weekly survey of operations involving liquid AN. In addition to
monitoring of employee exposures to AN as otherwise required by this
subsection, the employer must survey areas of operations involving liquid AN at
least weekly to detect points where AN liquid or vapor are being released into
the workplace. The survey must employ an infrared gas analyzer calibrated for
AN, a multipoint gas chromatographic monitor, or comparable system for
detection of AN. A listing of levels detected and areas of AN release, as
determined from the survey, must be posted prominently in the workplace, and
must remain posted until the next survey is completed.
(6) Regulated areas.
(a) The employer must establish regulated
areas where AN concentrations are in excess of the permissible exposure
limits.
(b) Regulated areas must
be demarcated and segregated from the rest of the workplace, in any manner that
minimizes the number of persons who will be exposed to AN.
(c) Access to regulated areas must be
limited to authorized persons or to persons otherwise authorized by the act or
regulations issued pursuant thereto.
(d)
The employer must ensure that in the regulated area, food or
beverages are not present or consumed, smoking products are not present or
used, and cosmetics are not applied, (except that these activities may be
conducted in the lunchrooms, change rooms and showers required under subsection
(13)(a) through (c) of this section.
(7) Methods of compliance.
(a) Engineering and work practice controls.
(i) The employer must institute engineering
or work practice controls to reduce and maintain employee exposures to AN, to
or below the permissible exposure limits, except to the extent that the
employer establishes that such controls are not feasible.
(ii) Wherever the engineering and work
practice controls which can be instituted are not sufficient to reduce employee
exposures to or below the permissible exposure limits, the employer must
nonetheless use them to reduce exposures to the lowest levels achievable by
these controls and must supplement them by the use of respiratory protection
which complies with the requirements of subsection (8) of this
section.
(b) Compliance
program.
(i) The employer must establish and
implement a written program to reduce employee exposures to or below the
permissible exposure limits solely by means of engineering and work practice
controls, as required by subsection (7)(a) of this section.
(ii) Written plans for these compliance
programs must include at least the following:
(A)
A description of each operation or process resulting in employee
exposure to AN above the permissible exposure limits;
(B) Engineering plans and other studies used
to determine the controls for each process;
(C)
A report of the technology considered in meeting the permissible
exposure limits;
(D) A detailed
schedule for the implementation of engineering or work practice controls;
and
(E) Other relevant
information.
(iii) The
employer must complete the steps set forth in the compliance program by the
dates in the schedule.
(iv)
Written plans for such a program must be submitted upon request to the
director, and must be available at the worksite for examination and copying by
the director, or any affected employee or representative.
(v) The plans required by this subsection
must be revised and updated at least every six months to reflect the current
status of the program.
(8)
Respiratory protection.
(a)
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 subsection. Respirators must be used during:
(i) Periods necessary to install or
implement feasible engineering and work-practice controls;
(ii) Work operations, such as maintenance
and repair activities or reactor cleaning, for which the employer establishes
that engineering and work-practice controls are not feasible;
(iii) Work operations for which feasible
engineering and work-practice controls are not yet sufficient to reduce
employee exposure to or below the permissible exposure limits;
(iv) In emergencies.
(b) Respirator program.
Employers must develop, implement and maintain a respiratory
protection program in accordance with chapter 296-842 WAC, Respirators, which
covers each employee required by this chapter to use a respirator.
(c) Respirator selection. The
employer must:
(i) Select and provide to
employees appropriate respirators by following the requirements in this section
and WAC
296-842-13005
in the respirator rule.
(ii)
Provide to employees, for escape, any organic vapor, air-purifying respirator
or any self-contained breathing apparatus (SCBA) that meets the selection
requirements of WAC
296-842-13005
in the respirator rule.
(9) Emergency situations.
(a) Written plans.
(i)
A written plan for emergency situations must be developed for
each workplace where AN is present. Appropriate portions of the plan must be
implemented in the event of an emergency.
(ii)
The plan must specifically provide that employees engaged in
correcting emergency conditions must be equipped as required in subsection (8)
of this section until the emergency is abated.
(b) Alerting employees.
(i) Where there is the possibility of
employee exposure to AN in excess of the ceiling limit due to the occurrence of
an emergency, a general alarm must be installed and maintained to promptly
alert employees of such occurrences.
(ii)
Employees not engaged in correcting the emergency must be
evacuated from the area and must not be permitted to return until the emergency
is abated.
(10)
Protective clothing and equipment.
(a)
Provision and use. Where eye or skin contact with liquid AN or
PAN may occur, the employer must provide at no cost to the employee, and ensure
that employees wear, appropriate protective clothing or other equipment in
accordance with WAC
296-800-160 to protect
any area of the body which may come in contact with liquid AN or PAN.
(b) Cleaning and replacement.
(i) The employer must clean, launder,
maintain, or replace protective clothing and equipment required by this
subsection, as needed to maintain their effectiveness. In addition, the
employer must provide clean protective clothing and equipment at least weekly
to each affected employee.
(ii)
The employer must ensure that impermeable protective clothing which contacts or
is likely to have contacted liquid AN must be decontaminated before being
removed by the employee.
(iii) The
employer must ensure that AN-or PAN-contaminated protective clothing and
equipment is placed and stored in closable containers which prevent dispersion
of the AN or PAN outside the container.
(iv)
The employer must ensure that an employee whose nonimpermeable
clothing becomes wetted with liquid AN must immediately remove that clothing
and proceed to shower. The clothing must be decontaminated before it is removed
from the regulated area.
(v) The
employer must ensure that no employee removes AN- or PAN-contaminated
protective equipment or clothing from the change room, except for those
employees authorized to do so for the purpose of laundering, maintenance, or
disposal.
(vi) The employer must
inform any person who launders or cleans AN- or PAN-contaminated protective
clothing or equipment of the potentially harmful effects of exposure to
AN.
(vii) The employer must ensure
that containers of contaminated protective clothing and equipment which are to
be removed from the workplace for any reason are labeled in accordance with
subsection (16)(c)(ii) of this section, and that such labels remain affixed
when such containers leave the employer's workplace.
(11) Housekeeping.
(a) All surfaces must be maintained free of
accumulations of liquid AN and of PAN.
(b)
For operations involving liquid AN, the employer must institute a
program for detecting leaks and spills of liquid AN, including regular visual
inspections.
(c) Where spills of
liquid AN are detected, the employer must ensure that surfaces contacted by the
liquid AN are decontaminated. Employees not engaged in decontamination
activities must leave the area of the spill, and shall not be permitted in the
area until decontamination is completed.
(d)
Liquids. Where AN is present in a liquid form, or as a resultant
vapor, all containers or vessels containing AN must be enclosed to the maximum
extent feasible and tightly covered when not in use, with adequate provision
made to avoid any resulting potential explosion hazard.
(e) Surfaces.
(i)
Dry sweeping and the use of compressed air for the cleaning of
floors and other surfaces where AN and PAN are found is prohibited.
(ii) Where vacuuming methods are selected,
either portable units or a permanent system may be used.
(A) If a portable unit is selected, the
exhaust must be attached to the general workplace exhaust ventilation system or
collected within the vacuum unit, equipped with high efficiency filters or
other appropriate means of contaminant removal, so that AN is not reintroduced
into the workplace air; and
(B)
Portable vacuum units used to collect AN may not be used for other cleaning
purposes and must be labeled as prescribed by subsection (16)(c)(ii) of this
section.
(iii) Cleaning
of floors and other contaminated surfaces may not be performed by washing down
with a hose, unless a fine spray has first been laid down.
(12) Waste disposal. AN and PAN
waste, scrap, debris, bags, containers or equipment, must be disposed of in
sealed bags or other closed containers which prevent dispersion of AN outside
the container, and labeled as prescribed in subsection (16)(c)(ii) of this
section.
(13) Hygiene facilities
and practices. Where employees are exposed to airborne concentrations of AN
above the permissible exposure limits, or where employees are required to wear
protective clothing or equipment pursuant to subsection (11) of this section,
or where otherwise found to be appropriate, the facilities required by WAC
296-800-230 must be
provided by the employer for the use of those e mp loyees, and the em ployer
must ensure that the employees use the facilities provided. In addition, the
following facilities or requirements are mandated.
(a)
Change rooms. The employer must provide clean change rooms in
accordance with WAC
296-800-230.
(b) Showers.
(i)
The employer must provide shower facilities in accordance with
WAC
296-800-230.
(ii) In addition, the employer must also
ensure that employees exposed to liquid AN and PAN shower at the end of the
work shift.
(iii) The employer
must ensure that, in the event of skin or eye exposure to liquid AN, the
affected employee must shower immediately to minimize the danger of skin
absorption.
(c)
Lunchrooms.
(i) Whenever food or beverages
are consumed in the workplace, the employer must provide lunchroom facilities
which have a temperature controlled, positive pressure, filtered air supply,
and which are readily accessible to employees exposed to AN above the
permissible exposure limits.
(ii)
In addition, the employer must also ensure that employees exposed to AN above
the permissible exposure limits wash their hands and face prior to
eating.
(14)
Medical surveillance.
(a) General.
(i) The employer must institute a program of
medical surveillance for each employee who is or will be exposed to AN above
the action level. The employer must provide each such employee with an
opportunity for medical examinations and tests in accordance with this
subsection.
(ii) The employer must
ensure that all medical examinations and procedures are performed by or under
the supervision of a licensed physician, and must be provided without cost to
the employee.
(b)
Initial examinations. At the time of initial assignment, or upon institution of
the medical surveillance program, the employer must provide each affected
employee an opportunity for a medical examination, including at least the
following elements:
(i) A work history and
medical history with special attention to skin, respiratory, and
gastrointestinal systems, and those nonspecific symptoms, such as headache,
nausea, vomiting, dizziness, weakness, or other central nervous system
dysfunctions that may be associated with acute or chronic exposure to
AN.
(ii) A physical examination
giving particular attention to central nervous system, gastrointestinal system,
respiratory system, skin and thyroid.
(iii)
A 14" x 17" posteroanterior chest X-ray.
(iv) Further tests of the intestinal tract,
including fecal occult blood screening, and proctosigmoidoscopy, for all
workers forty years of age or older, and for any other affected employees for
whom, in the opinion of the physician, such testing is appropriate.
(c) Periodic examinations.
(i) The employer must provide examinations
specified in this subsection at least annually for all employees specified in
subsection (14)(a) of this section.
(ii)
If an employee has not had the examinations prescribed in
subsection (14)(b) of this section within six months of termination of
employment, the employer must make such examination available to the employee
upon such termination.
(d)
Additional examinations. If the employee for any reason develops
signs or symptoms commonly associated with exposure to AN, the employer must
provide appropriate examination and emergency medical treatment.
(e) Information provided to the physician.
The employer must provide the following information to the examining physician:
(i) A copy of this standard and its
appendices;
(ii) A description of
the affected employee's duties as they relate to the employee's
exposure;
(iii) The employee's
representative exposure level;
(iv)
The employee's anticipated or estimated exposure level (for
preplacement examinations or in cases of exposure due to an
emergency);
(v) A description of
any personal protective equipment used or to be used; and
(vi) Information from previous medical
examinations of the affected employee, which is not otherwise available to the
examining physician.
(f)
Physician's written opinion.
(i)
The employer must obtain a written opinion from the examining
physician which must include:
(A) The
results of the medical examination and test performed;
(B) The physician's opinion as to whether
the employee has any detected medical condition which would place the employee
at an increased risk of material impairment of the employee's health from
exposure to AN;
(C) Any
recommended limitations upon the employee's exposure to AN or upon the use of
protective clothing and equipment such as respirators; and
(D) A statement that the employee has been
informed by the physician of the results of the medical examination and any
medical conditions which require further examination or treatment.
(ii) The employer must instruct
the physician not to reveal in the written opinion specific findings or
diagnoses unrelated to occupational exposure to AN.
(iii) The employer must provide a copy of
the written opinion to the affected employee.
(15) Employee information and training.
(a) Training program.
(i) The employer must train each employee
exposed to AN above the action level, each employee whose exposures are
maintained below the action level by engineering and work practice controls,
and each employee subject to potential skin or eye contact with liquid AN in
accordance with the requirements of this section. The employer must institute a
training program and ensure employee participation in the training
program.
(ii) The training program
must be provided at the time of initial assignment, or upon institution of the
training program, and at least annually thereafter, and the employer must
ensure that each employee is informed of the following:
(A) The information contained in Appendices
A, B and C;
(B) The quantity,
location, manner of use, release or storage of AN and the specific nature of
operations which could result in exposure to AN, as well as any necessary
protective steps;
(C) The purpose,
proper use, and limitations of respirators and protective clothing;
(D) The purpose and a description of the
medical surveillance program required by subsection (14) of this
section;
(E) The emergency
procedures developed, as required by subsection (9) of this section;
and
(F) The engineering and work
practice controls, their function and the employee's relationship thereto;
and
(G) A review of this
standard.
(b)
Access to training materials.
(i)
The employer must make a copy of this standard and its appendices
readily available to all affected employees.
(ii) The employer must provide, upon
request, all materials relating to the employee information and training
program to the director.
(16) Communication of hazards.
(a) Hazard communication - General.
(i) Chemical manufacturers, importers,
distributors and employers must comply with all requirements of the Hazard
Communication Standard (HCS), WAC
296-901-140
for AN and AN-based materials not exempted under subsection (1)(b) of this
section.
(ii) In classifying the
hazards of AN and AN-based materials at least the following hazards are to be
addressed: Cancer; central nervous system effects; liver effects; skin
sensitization; skin, respiratory, and eye irritation; acute toxicity effects;
and flammability.
(iii) Employers
must include AN and AN-based materials in the hazard communication program
established to comply with the HCS, WAC
296-901-140.
Employers must ensure that each employee has access to labels on containers of
AN and AN-based materials and to safety data sheets, and is trained in
accordance with the requirements of HCS and subsection (15) of this
section.
(iv) The employer may use
labels or signs required by other statutes, regulations, or ordinances in
addition to, or in combination with, signs and labels required by this
subsection.
(v) The employer must
ensure that no statement appears on or near any sign or label, required by this
subsection, that contradicts or detracts from the required sign or
label.
(b) Signs.
(i) The employer must post signs to clearly
indicate all workplaces where AN concentrations exceed the permissible exposure
limits. The signs must bear the following legend:
DANGER
ACRYLONITRILE (AN)
MAY CAUSE CANCER
RESPIRATORY PROTECTION MAY BE REQUIRED IN THIS AREA
AUTHORIZED PERSONNEL ONLY
(ii) The employer must ensure that signs
required by (b) of this subsection are illuminated and cleaned as necessary so
that the legend is readily visible.
(c) Labels.
(i)
The employer must ensure that precautionary labels are in
compliance with (a)(i) of this subsection and are affixed to all containers of
liquid AN and AN-based materials not exempted under subsection (1)(b) of this
section. The employer must ensure that the labels remain affixed when the
materials are sold, distributed or otherwise leave the employer's
workplace.
(ii) The employer must
ensure that the precautionary labels required by (c) of this subsection are
readily visible and legible.
(17) Recordkeeping.
(a)
Objective data for exempted operations.
(i)
Where the processing, use, and handling of products fabricated
from PAN are exempted pursuant to subsection (1)(b) of this section, the
employer must establish and maintain an accurate record of objective data
reasonably relied upon in support of the exemption.
(ii) This record must include the following
information:
(A) The relevant condition in
subsection (1)(b) upon which exemption is based;
(B) The source of the objective
data;
(C) The testing protocol,
results of testing, and/or analysis of the material for the release of
AN;
(D) A description of the
operation exempted and how the data supports the exemption; and
(E) Other data relevant to the operations,
materials, and processing covered by the exemption.
(iii) The employer must maintain this record
for the duration of the employer's reliance upon such objective data.
(b) Exposure monitoring.
(i) The employer must establish and maintain
an accurate record of all monitoring required by subsection (5) of this
section.
(ii) This record must
include:
(A) The dates, number, duration,
and results of each of the samples taken, including a description of the
sampling procedure used to determine representative employee
exposure;
(B) A description of the
sampling and analytical methods used and the data relied upon to establish that
the methods used meet the accuracy and precision requirements of subsection
(5)(f) of this section;
(C) Type
of respiratory protective devices worn, if any; and
(D) Name, Social Security number and job
classification of the employee monitored and of all other employees whose
exposure the measurement is intended to represent.
(iii) The employer must maintain this record
for at least forty years or the duration of employment plus twenty years,
whichever is longer.
(c)
Medical surveillance.
(i) The
employer must establish and maintain an accurate record for each employee
subject to medical surveillance as required by subsection (14) of this
section.
(ii) This record must
include:
(A) A copy of the physicians'
written opinions;
(B) Any employee
medical complaints related to exposure to AN;
(C) A copy of the information provided to
the physician as required by subsection (14)(f) of this section; and
(D) A copy of the employee's medical and
work history.
(iii) The
employer must ensure that this record be maintained for at least forty years or
for the duration of employment plus twenty years, whichever is
longer.
(d)
Availability.
(i) The employer must ensure
that all records required to be maintained by this section be made available
upon request to the director for examination and copying.
(ii) Records required by (a) through (c) of
this subsection must be provided upon request to employees, designated
representatives, and the assistant
director in accordance with chapter
296-802
WAC. Records required by (a) of this subsection must be provided in the same
manner as exposure monitoring records.
(iii)
The employer must ensure that employee medical records required
to be maintained by this section, be made available, upon request, for
examination and copying, to the affected employee or former employee, or to a
physician designated by the affected employee, former employee, or designated
representative.
(e)
Transfer of records.
(i) Whenever the
employer ceases to do business, the successor employer must receive and retain
all records required to be maintained by this section.
(ii) The employer must also comply with any
additional requirements involving transfer of records set forth in WAC
296-802-60005.
(18) Observation of
monitoring.
(a) Employee observation. The
employer must provide affected employees, or their designated representatives,
an opportunity to observe any monitoring of employee exposure to AN conducted
pursuant to subsection (5) of this section.
(b)
Observation procedures.
(i)
Whenever observation of the monitoring of employee exposure to AN requires
entry into an area where the use of protective clothing or equipment is
required, the employer must provide the observer with personal protective
clothing or equipment required to be worn by employees working in the area,
ensure the use of such clothing and equipment, and require the observer to
comply with all other applicable safety and health procedures.
(ii) Without interfering with the
monitoring, observers shall be entitled:
(A)
To receive an explanation of the measurement procedures;
(B) To observe all steps related to the
measurement of airborne concentrations of AN performed at the place of
exposure; and
(C) To record the
results obtained.
(19) Appendices. The information contained
in the appendices is not intended, by itself, to create any additional
obligation not otherwise imposed, or to detract from any
obligation.