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• Standard Number: 1910.120

September 7, 1989 

MEMORANDUM FOR:     JERRY BAILEY
                   ASSISTANT REGIONAL ADMINISTRATOR FOR
                   TECHNICAL SUPPORT

THROUGH:            GILBERT J. SAULTER
                   REGIONAL ADMINISTRATOR

                   LEO CAREY, DIRECTOR
                   OFFICE OF FIELD PROGRAMS

FROM:               THOMAS J. SHEPICH, DIRECTOR
                   DIRECTORATE OF COMPLIANCE PROGRAMS

SUBJECT:            29 CFR 1910.120 Application to
                   Underground Storage Tanks at Service Stations
This is in response to your region's request for our review of a letter from Groundwater Technology, Inc. which concerns the application of Hazardous Waste Operations and Emergency Response final standard (29 CFR 1910.120).

The question is whether site specific safety and health plans as specified in 29 CFR 1910.120 apply to contractors involved in the assessment and remediation of gasoline leaks from Underground storage tanks at service stations. The answer is yes if the activity falls within the scope of paragraphs (a)(1)(i) through (a)(1)(iii) of the final standard or if the activity is the result of a post-emergency response activity.

In general, assessments for determining whether there are leaks of underground storage tanks would not fall under the scope of these paragraphs unless there was reason to believe there are leaks and the assessment is to determine the extent of the leaks. Other OSHA standards would be applicable such as the Hazard Communication Standard (29 CFR 1910.1200). Remediation activity, on the other hand, could likely fall under the scope of 29 CFR 1910.120(a)(1)(ii) which includes closures and corrective actions involving underground storage tanks.

I hope this information is helpful. If you have further questions, please contact MaryAnn Garrahan at FTS 523-8036.

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