HAZWOPER coverage of coal fires and ammonia leak response

June 17, 1991

MEMORANDUM FOR: MICHAEL G. CONNORS
REGIONAL ADMINISTRATOR

THROUGH: LEO CAREY, DIRECTOR
OFFICE OF FIELD PROGRAMS

FROM: PATRICIA K. CLARK, DIRECTOR
DIRECTORATE OF HEALTH COMPLIANCE PROGRAMS

SUBJECT: Interpretations of 29 CFR 1910.120

This is in response to your inquiry of February 5, concerning paragraph (q) of the Hazardous Waste Operations and Emergency Response final rule (29 CFR 1910.120). Please accept my apology for the delay in this reply.

The first scenario described in your memo, the coal fire at a public utility, does fall under the scope of 1910.120 as defined in paragraph (a). Fire involving spills or releases of substances which before combustion were defined as a hazardous substance are covered by paragraph (q) of 1910.120. Coal is listed as a hazardous material by the Department of Transportation under 49 CFR 172.101. Conversely, fires involving spills or releases of substances not classified as hazardous substances before combustion are not included in the scope of 1910.120. Similarly, structural fires, houses, wood etc. burning would not normally be covered by 1910.120.

The second scenario described in your memo, the ammonia leak at a local food processing facility, would fall under 1910.120 paragraph (q) The contractor activity you described appears to be part of the emergency response to the leak and could be required that these personnel be given an initial briefing at the site prior to their participation in any emergency response. The initial briefing shall include instruction in the wearing of appropriate personal protective equipment, what chemical hazards are involved, and what duties are to be performed.

In general, the "on scene incident commander" of the emergency response is charged with deciding when the emergency response is over. The Boggs letter, dated June 20, 1989, is current and correct in its explanation of the distinction between an emergency response and a post emergency response. An exception is during some National or Regional Response Team incidents where the lead federal agency may remain in charge during the entire post emergency clean up phase. Post emergency response begins when the immediate threat of a release has been stabilized or eliminated and clean up of the site has begun. OSHA concurs with your assessment that the contractors in the ammonia leak emergency were involved in emergency response activity.

We hope this information is helpful. If you have any further questions please feel free to contact us at (202) 523-8036.

[The February 5, 1991 regional memorandum, a July 1989 OSHA letter, and the related requester correspondence reproduced on the OSHA page are omitted here.]