DEPARTMENT OF LABOR

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

29 CFR Part 1910

[Docket No. 3-760A]

HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE

AGENCY: Occupational Safety and Health Administration: Labor.

ACTION: Final Rule _________________________________________________________________________

Summary: The Occupational Safety and Health Administration (OSHA) is amending the OSHA standard for hazardous waste operations and emergency response found in 29 CFR 1910.120. This final rule will replace the existing interim final rule required by Congress in the Superfund Amendments and Reauthorization Act of 1986 (as amended)(SARA) (Pub. L. 99-499, 29 U.S.C. 655 note). When this final rule becomes effective one year from today, the interim final rule promulgated December 19, 1986 (51 FR 45654) will be revoked. The interim final rule remains in effect until then. The Notice of Proposed Rulemaking for this final rule was published in the Federal Register on August 10, 1987 (52 FR 29620).

This rule will regulate the safety and health of employees involved in cleanup operations at uncontrolled hazardous waste sites being cleaned-up under government mandate, in certain hazardous waste treatment, storage, and disposal (TSD) operations conducted under the Resource, Conservation and Recovery Act of 1976 as amended (RCRA)[42 U.S.C. 6901 et seq], and in any emergency response to incidents involving hazardous substances.

This standard provides for employee protection during initial site characterization and analysis, monitoring activities, materials handling activities, training, and emergency response.

DATES: This final rule will become effective March 6, 1990.

Paperwork authorization has been granted by the Office of Management and Budget (OMB) under control number 1218-0139.

ADDRESS: In compliance with 28 U.S.C. 2112(a), the Agency designates for receipt of petitions for review of the standard, the Associate Solicitor for Occupational Safety and Health, Office of the Solicitor, Room S-4004, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Foster, U.S. Department of Labor, Occupational Safety and Health Administration, Division of Consumer Affairs, Room N-3647, 200 Constitution Avenue NW., Washington DC 20210, 202-523-8151.

Supplementary Information:

Editorial Note: Table of Contents added for your convenience.

Table of Contents:

I. Background II. Summary and Explanation of the Standard III. Summary of the Final Regulatory Impact and Regulatory Flexibility Analysis and Environmental Impact Assessment IV. International Trade V. OMB Approval Under the Paperwork Reduction Act VI. Public Reporting Burden VII. State Plan States VIII. Federal and State Coverage of the Public Sector and Volunteers IX. Federalism X. Authority

[54 FR 9293, March 6, 1989; 55 FR 14072, April 13, 1990]