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 30, 1996

Mr. Robert N. Rossi
Project Architect
Berkowsky and Associates, Inc.
P.O. Box 705
Princeton, NJ 08542

Dear Mr. Rossi:

This is in further response to your letter of June 27, regarding the NOWPAK Solvent Dispensing System which transfers liquids among containers by means of inert gas pressure and the restriction under the Occupational Safety and Health Administration's Regulation (OSHA's), 1910.106(e)(2)(iv)(d).

As you have indicated in your letter, OSHA's regulation addresses and prohibits only the transfer by means of air pressure on the container or portable tanks. Since your system utilizes nitrogen (inert gas) for the pressurized transfer, the use of your system in not in conflict with 1910.106. Therefore, this method of flammable and combustible liquid transfer need not be exempted under the OSHA regulation, since 1910.106 does not prohibit the use of inert gases.

Please refer to the ANSI/NFPA 30 National Standard, Section 5.4.1.4, for the safe transfer through piping systems by means of an inert gas.

Thank you for your patience, and we hope this response will be helpful to you. If you need further assistance, please contact Alcmene Haloftis of my staff at 202-219-8031.

Sincerely,



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