|OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.|
February 15, 1991
||GILBERT J. SAULTER|
||LEO CAREY, DIRECTOR|
OFFICE OF FIELD PROGRAMS
||PATRICIA K. CLARK, DIRECTOR|
DIRECTORATE OF ENFORCEMENT PROGRAMS
||Interpretation of 1910.120(p)(2) and ENSCO, Inc. Inspection|
This is in response to you memo of December 18, 1990, requesting a clarification or interpretation of the applicability of 29 CFR 1910.120(p)(2) to ENSCO, Inc., a RCRA treatment, storage and disposal (TSD) hazardous waste site. The ENSCO, Inc. inspection was conducted out of [your] Little Rock Area Office.
Polychlorinated biphenyls (PCB's) are not defined as hazardous waste under RCRA, and therefore do not meet the exemption for coverage under the Hazard Communication Standard 29 CFR 1910.1200 (see subparagraph (b)(6)(i)). The employer must comply with the requirements of 1910.1200 and must implement a hazard communication program at that site. If the PCB's are being handled at a permitted (under RCRA) TSD area and no hazard communication program has been implemented, then a violation of both 1910.120(p)(2) and 1910.1200 exist. These violations may be grouped, as appropriate, on any citation issued.