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.

MAR 30 1990

Jay P. Koch United Science Industries, Inc. President Post Office 21 Carlyle, Illinois 62231

Dear Mr. Koch:

This is in response to your letter of March 12 requesting an interpretation of the application of 29 CFR 1910.120 to the removal of underground storage tanks.

Petroleum products are included in the definition of hazardous substance under 29 CFR 1910.120. Thus, this standard could apply to contractors removing underground storage tanks that contain or have contained petroleum products. Section (b) through (o) of the standard apply to closures and corrective actions involving the removal of underground storage tanks and (q) would apply to any other type of removal activity where there is a potential for an emergency involving hazardous substances.

I hope this information is helpful.

Sincerely,

Patricia K. Clark Director Designate Directorate of Compliance Programs

U.S. Department of Labor Occupational Safety and Health Administration

 

Washington, D.C. 20210

 

Reply to the Attention of:

Jay P. Koch United Science Industries, Inc. President P.O. Box 21 Carlyle, Illinois 62231

Dear Mr. Koch:

I am responding to your letter of March 12, 1990 requesting an OSHA interpretation of the training requirements in 29 CFR 1910.120 paragraph (e) for removal of underground petroleum storage tanks.

OSHA policy requires written interpretations to be issued through our Office of Compliance Programs. I have therefore forwarded your request to that office for reply. You should hear from them soon.

If you should not hear from them in a reasonable amount of time, please contact me and I will follow up on your request.

Sincerely,

Michael B. Moore Safety Engineer

March 12, 1990

U.S. Department of Labor O.S.H.A. Frances Perkins Building 200 Constitution Avenue Northwest Room N-34-63 Directorate of Compliance Programs Washington. D.C. 20210

Dear Sir or Madam:

In January of 1990 I spoke with a representative of Federal OSHA about the applicability of the regulations found in 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response) to contractors removing underground storage tanks that contain, or have contained petroleum products. At that time, the representative of OSHA that I spoke with informed me that the standard applied to contractors removing underground storage tanks that contain or have contained petroleum products since under the final rule for 29 CFR 1910.120 OSHA included petroleum products in their definition of hazardous substances.

Since my conversations with the OSHA representative, I have heard rumors to the effect that the regulations found in 29 CFR 1910.120 do not apply to contractors removing underground storage tanks that contain or have contained petroleum products.

I ask that you clarify this situation for me. Please send me a letter describing OSHA's position on this matter. Thank you.

 

Sincerely,

Jay P. Koch President

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