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.

February 10, 1975

Mr. E. R. Bentley
Cummins Sales, Inc.
10470 Evendale Drive
Cincinnati, Ohio 45241

Dear Mr. Bentley:

We are in receipt of your letter dated January 20, 1975, in which you supplied additional information relative to your application for variance from Section 1910.110(b)(6) Storage and Handling of Liquefied Gas - Table H-23, of the Occupational Safety and Health Standards.

You have stated that you have two (2) 500 gallon propane gas tanks located ten (10) feet from one of your buildings. These tanks are separated from each other by three (3) feet. You further state that this does not meet the distances requirements of the above standard. It is from this requirement that a variance is sought.

The requirements of Table H-23 are based on the water capacity per container. The exception to this rule are those containers having a water capacity of less than 125 gallons which are figured in the aggregate amount as delineated in Note 1 of the table. Your containers are based on the per container rule, therefore, the present location of your two (2) 500 gallon containers does meet the requirements of Table H-23 (copy of Table H-23 enclosed).

No further action will be taken on your variance application.


Barry J. White
Associate Assistant Secretary for
Regional Programs