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OSHA Hazard Communication Letters of Interpretation
Applicability of 1910.120(p)(2) to a RCRA TSD hazardous waste site handling PCB's
- Issued
- Record type
- Interpretation
- Historical standard
- 1910.1200, 1987 expanded rule (PDF)
- Current standard
- HCS 2024, as amended
ILPI assessment: PCB identity alone does not establish the RCRA exemption
This letter addresses the obsolete 1987 version of the Hazard Communication Standard (HCS). Its central HazCom point remains useful: TSCA regulation of PCBs does not by itself establish the HCS exemption for RCRA hazardous waste. However, the broad statement that PCBs are not RCRA hazardous waste needs qualification for wastes that also meet RCRA criteria.
Use current RCRA-waste exemption and TSD hazard communication. Determine the actual waste's regulatory status, including mixtures or hazardous characteristics, under 40 CFR Part 261; PCB handling is separately regulated under Part 761. The letter is not a blanket exemption for every PCB-containing mixture. OSHA marks its original corrected January 17, 2003.
Last reviewed: .
About this ILPI assessment
This comparison with current requirements is not a finding that OSHA has formally withdrawn this letter. This assessment reflects editorial judgment informed by human review and AI assistance. It is an opinion, may contain errors or omissions, and is not an official OSHA determination. For guidance on how OSHA requirements apply to your circumstances, contact your local OSHA office.
OSHA's notice about interpretation letters
The following notice is published on OSHA's interpretation pages; it is general guidance, not a letter-specific withdrawal notice.
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.
Source: OSHA's original letter page.
February 15, 1991
Comply with EPA regulation 40 CFR 761 Subpart C with labels from Safety Emporium.
MEMORANDUM FOR: GILBERT J. SAULTER
REGIONAL ADMINISTRATOR THROUGH: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS
FROM: PATRICIA K. CLARK, DIRECTOR, DIRECTORATE OF COMPLIANCE PROGRAMS
SUBJECT: Interpretation of 1910.120(p)(2) [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER] 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) [ILPI: Original 1989 HAZWOPER context (PDF) · Current HAZWOPER] 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 [ILPI: Original HCS 1987 context (PDF) · Current HCS] (see subparagraph (b)(6)(i) [ILPI: Original HCS 1987 context (PDF) · Current HCS]). The employer must comply with the requirements of 1910.1200 [ILPI: Original HCS 1987 context (PDF) · Current HCS] 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 [ILPI: Original HCS 1987 context (PDF) · Current HCS] exist. These violations may be grouped, as appropriate, on any citation issued.
[ILPI note: At issuance: 1910.1200, 1987 expanded rule (PDF). Determine the actual waste's RCRA status; PCBs mixed with a listed hazardous waste or a waste exhibiting a hazardous characteristic can also be subject to RCRA. Current counterparts: the conditional waste exemption and TSD hazard communication.]
The original official public domain version of this document is available from OSHA at https://www.osha.gov/laws-regs/standardinterpretations/1991-02-15.