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 http://www.osha.gov.

August 4, 1978

Mr. E. M. Wilson, Jr.
Union 76 Division:
Eastern Region Union Oil Company
of California
2060 Stonington Avenue
Hoffman Estates, Illinois 60195

Dear Mr. Wilson:

This is in response to your request for an interpretation of the term "bulk plant" as it is used in 1910.106(d)(1)(ii).

A definition of this term can be found in 1910.106(a)(7) which states that a bulk plant is "that portion of a property where flammable or combustible liquids are received by tank vessel, pipelines, tank cars or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, or container."

A bulk plant is defined then by its function, and terminals which receive, store, and distribute flammable or combustible liquids such as gasoline or diesel fuel would be considered bulk plants. While 1910.106(a)(7) does not specify quantities which would constitute storing or blending "in bulk" it can be assumed that a terminal would be handling sufficient quantities of product to qualify under the generally accepted use of that term.

As you note in your letter, 1910.106(d)(1)(ii) states that bulk plants are exceptions to 1910.106(d).

If I can be of further assistance, please feel free to contact me.

Sincerely,



John K. Barto, Chief
Division of Occupational
Safety Programming