Nuisance spills are not considered emergencies.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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 https://www.osha.gov.

November 2, 1990

Mr. Dean G. Kratz
McGrath, North, Mullin & Kratz, P.C.
Suite 100
One Central Park Plaza
222 South Fifteenth Street
Omaha, Nebraska 68102

Dear Mr. Kratz:

This is in response to your August 7, 1990, letter where you indicated that 29 CFR 1910.120 does not apply because all example conditions referenced by your client can be "absorbed, neutralized or otherwise controlled at the time of the release by employees in the immediate area, or by maintenance personnel."

Actively involved; generators; CERCLA 101(33) substances.

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 https://www.osha.gov.

August 6, 1991

Ms. Kelly V. Camp
Applied Environmental Technologies Corp.
Suite 210
35 Belver Avenue
North Kingston, Rhode Island 02852

Dear Ms. Camp:

This is in response to your letter to Fred Malaby of the Boston Regional Office. Please accept my apology for the delay in this reply. We will answer your questions in the order that you asked them in your letter:

1. Question.

Employees with previous experience and training in the removal of underground storage tanks.

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 https://www.osha.gov.

August 15, 1991

Ms. Cynthia Sundquist
Manager, Health and Safety
ABB Environmental Services, Inc.
ASEA Brown Boveri
Post Office Box 7050
Portland, Maine 04112

Dear Ms. Sundquist:

Thank you for your letter of July 18, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120).

Academic training considered as equivalently trained for Hazwoper.

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 https://www.osha.gov.

August 19, 1991

Mr. LeRoy S. Harris
Director, Damage Assessment Projects
MR-Ferguson Company
MR-Ferguson Plaza
1500 West 3rd Street
Cleveland, OH 44113-1406

Dear Mr. Harris,

This is in response to your inquiry of June 17, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120).

On scene incident commander for Hazwoper standard.

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 https://www.osha.gov.

August 20, 1991

Willard R. Kleckner, Ph.D
Manager of Consulting Services
Insurance Restoration Specialists
77 New Durham Road
Edison, New Jersey 08817

Dear Dr. Kleckner:

This is in response to your inquiry of May 21, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120). Please accept my apology for the delay in this reply.

Training requirements of Hazwoper for various functions.

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 https://www.osha.gov.

August 20, 1991

Mr. Robert T. Gabris
Industrial Hygienist
Riedel Environmental Services, Inc.
Foot of North Portsmouth Ave.
Portland, Oregon 97203

Dear Mr. Gabris:

This is in response to your inquiry of May 17, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120). Please accept my apology for the delay in this reply.

OSHA's Hazardous Waste Operations and Emergency Response.

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 https://www.osha.gov.

August 27, 1991

Mr. Robert L. Brooks
Certified Instructor
Outreach Program
Right to Know Management Systems Incorporated
113 Wembley Road
Wilmington, Delaware 19808


Dear Mr. Brooks:

This is in response to your inquiry of July 29, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120).

Operations level personnel training.

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 https://www.osha.gov.

September 20, 1991

Mr. Ron Runge
Director, Safety and Risk Management
Health, Environment and Safety
UNOCAL Corporation
1201 West 5th Street
Post Office Box 7600
Los Angeles, California 90051

Dear Mr. Runge:

This is in further response to your letter of July 29, to the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120).

In your inquiry dated May 16, you described the following scenario:

Training requirements for firefighters.

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 https://www.osha.gov.

October 2, 1991

Mr. Thomas A. Valente, Jr.
1 Plymouth Road
Westbrook, Maine 04092-4634

Dear Mr. Valente:

This is in response to your letter of May 24, concerning the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120).

We will respond to your questions one at a time.

Question 1. What is the minimum training a fire fighter can have to respond as an emergency responder to a known hazmat incident?

Definitions of Hazwoper terms including immediate, incidental & uncontrolled release.

Archive Notice - OSHA Archive

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

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 https://www.osha.gov.

November 14, 1990

Catherine C. Bobenhausen, CIH
Malcolm Pirnie, Inc.
Post Office Box 751
White Plains, New York 10602

Dear Ms. Bobenhausen:

This is in response to your August 17, letter requesting clarification of several emergency response provisions of the Occupational Safety and Health Administration's (OSHA) Hazardous Waste Operations and Emergency Response Standard (29 CFR 1910.120). The answers to your questions are as follows:

1. Question: What are the limits of the phrase "immediate release area"?