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.

October 22, 1992

Mr. Richard H. Cole, Jr.
Senior Chemical Information Officer
Ball Corporation
345 South High Street
Muncie, Indiana 47305-2326

Dear Mr. Cole:

This is in response to your letter of August 24, in which you sought clarification from the Occupational Safety and Health Administration (OSHA) on whether the requirements of 29 CFR 1910.119, Process Safety Management (PSM) of Highly hazardous Chemicals; Final Rule, as published in February 24, 1992 Federal Register, apply to your situation. Specifically, you wanted to know if the PSM Standard applies to a plant that has more than 10,000 pounds of hydrocarbon fuel on site where the fuel is used solely as a fuel for a furnace used to melt glass.

The requirements of .119 do not apply to the situation you described in your letter because .119(a)(1)(ii)(A) of the standard specifically excludes from coverage hydrocarbon fuels used solely for workplace consumption as a fuel if the fuel is not part of a process containing another highly hazardous chemical covered by Section .119.

As you are aware, the State of Indiana administers its own occupational safety and health program (IOSHA) under the provisions of the Occupational safety and Health Act (OSH Act) of 1970. As part of that program, the State is responsible for the enforcement of occupational safety and health standards in the State of Indiana, subject to monitoring by Federal OSHA. Under this program, Indiana has authority to issue interpretations of its standards. If this issue applies to an Indiana-based plant, you may wish to contact the following:

Kenneth J. Zeller, Commissioner Indiana Department of Labor 1013 State Office Building 100 North Senate Avenue Indianapolis, Indiana 46204-2287 (317) 232-2665

If we can be of further assistance, please feel free to contact James C. Dillard, a member of my staff, at (202)219-8041.

Sincerely,



Roger A. Clark,
Acting Director
Directorate of Compliance Programs