OSHA Instruction STD 1-5.4 October 30, 1978

November 7. 1972

OSHA PROGRAM DIRECTIVE #100-14

To: National and Field Offices

Subj: Application of Section 1910.106, Flammable and Combustible Liquids and Particularly Diking Requirements of Section 1910.106 (b)(2)(vii)(c)(4)

1. Purpose. To reiterate exception provided by 1910.106 (j)(2).

2. Background. A number of variances have been requested by power companies relating to diking storage tanks for their power generating stations.

3. Interpretation. Section 1910.106(j)(2) exempts oil burning equipment, including tanks, from the application of 1910.106. This includes oil tanks at power generating plants. NFPA 30, the parent document to Section 1910.106, in making this exception, directed attention to NFPA 31, Standard for the Installation of Oil Burning Equipment. Inquiries about the application of OSHA standards to oil burning equipment installations should be advised that 1910.106 does not apply, but that adoption of NFPA 31 is being considered. As presently constituted, NFPA 31 does not have a "grandfather clause." We have not decided how to adopt, at this time. It should be noted that NFPA 31 contains similar provisions on diking above ground storage tanks.

4. Effective Date. this instruction is effective immediately, and will remain in effect until canceled or superseded.

Director, Office of Standards

DISTRIBUTION: National Office Field A/Sec (3) Regional Administrators (3) Dep. A/Sec (2) ARA Technical (2) Directors (3) ARA Compliance (2) SOL (25) ARA State (1) BLS (1) Area/District Offices Review commission (6) Training Institute (4) NIOSH (1) CSHO's (1) Program Operations Designated State Agencies (1) OCC Professional Staff (25) NIOSH Regional Program Directors (1) OCS Professional Staff (50) SOL Regional Attorneys (1) OCS Tech. Centers (1) NACOSH Subcommittee (1) OCS Tech. Centers (1)