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.

June 16, 1994

Mr. Curtis W. Rankins
Director of Health and Safety
Laidlaw Environmental Services
407 Burton Road
Lexington, South Carolina 29072

Dear Mr. Rankins:

This is in response to your May 9 letter to Roger Clark, former Director of the Directorate of Compliance Programs. In your letter, you requested clarifications of the OSHA standards, 29 CFR 1910.109 and 29 CFR 1910.119.

In the following, please find your specific questions and our answers.

Question 1.

Should our facility have to comply with 1910.119 when addressing the 1910.109(k)(1-3) standard for a hazardous waste facility permitted to handle explosives? In my opinion, 109(k) deals with a facility manufacturing explosives, our facility stores and disposes of explosives.


In order for OSHA to state clearly whether your facility would be covered by 1910.119, we need the following information:
a. An identification and physical description of the explosives;
b. A specification of what "disposes" entails;
c. A description of the process from the time explosives are brought to the work site; and
d. An identification of any other processes containing highly hazardous chemicals that may be on the worksite, and if there are any, where these other processes are located relative to the explosive processes? Please see definition of "process" in 1910.119.

Question 2.

We operate facilities that recover natural landfill gases and generate electricity (no storage tanks are utilized); will this process fall under the exemption of 29 CFR 1910.119(a)(1)(ii)(A), (a)(2)(ii)?


According to the information that you have provided, it appears that your facility would fall under the exception of 29 CFR 1910.119(a)(1)(ii)(A) and (a)(2)(ii). However, OSHA needs further information as to what other processes, if any, are located relative to the gas recovering process, in order to clearly determine whether your facility would be excepted from standard 1910.119 (please see the definition of "process" in this standard).

Please note, for your information that these facilities would be covered under the Electric Power Generation, Transmission, and Distribution Standard. A copy is enclosed for your use.

We appreciate your interest in occupational safety and health.


John B. Miles, Jr., Director
Directorate of Compliance Programs