October 2, 1978
MEMORANDUM FOR: VERNON A. STRAHM
Regional Administrator Kansas City, Missouri
THRU: DONALD E. MACKENZIE Field Coordinator
FROM: BRUCE HILLENBRAND Acting Director, Federal Compliance
and State Programs
SUBJECT: 29 CFR 1910.106 - the use of fiberglass tanks for
storage of crude oil.
Any requirement or condition that is in compliance with the latest NFPA
Code, which has no lessening effect on the safety and health of the
employees, substantially, meets the intent of the Act and OSHA's program
directive #200-67. Fiberglass tanks used for the storage of crude oil at
isolated wellheads are acceptable to OSHA because they are located in areas
completely isolated from other structures and there is little employee
exposure to the tank. It is unnecessary to require compliance with more
rigid standards for such isolated storage tanks. Any violation of the
present OSHA standards for fiberglass storage tanks located at isolated
wellheads will be considered de minimis.
The memorandum dated February 11, 1977, incorrectly stated that Class III B
liquid in other than isolated rural areas would have to meet other
requirements and is best handled through the variance route. At the present
time OSHA standards do not provide regulations for Class III B liquids.
However, fiberglass storage tanks used for storing Class III A to Class I
liquids is permitted at isolation wellheads.