- Standard Number:
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.
July 16, 1990
MEMORANDUM FOR: JOHN B. MILES
REGIONAL ADMINISTRATOR
FROM: PATRICIA K. CLARK, DIRECTOR
DESIGNATE DIRECTORATE OF COMPLIANCE PROGRAMS
THROUGH: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS
SUBJECT: Voluntary Clean-up Operations Under 29 CFR 1910.120
This is in response to your request for a clarification of 29 CFR 1910.120 (a)(1)(iii):
"Voluntary clean-up operations at sites recognized by Federal, state, local or other governmental bodies as uncontrolled hazardous waste sites;"
The term recognized by a governmental body means the hazardous waste site has been acknowledged by a government agency in writing or the agency would be willing to acknowledge in writing that the site contains hazardous substances as defined in 29 CFR 1910.120. For example, all sites listed on EPA's CERCLIS list are "recognized".
If a site does not have recognition but should have been recognized by a government agency, OSHA could still have coverage. This could mean making several phone calls to determine an agency's recognition of the site and receiving a letter to that effect.
The site would not have to be scheduled for cleanup by the government agency.
I hope this information is helpful.