February 15, 1991

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) 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.

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