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.

November 14, 2005

Mr. Robert Johnson
5536 W. Rita Dr.
West Allis, WI 53219-2253

Dear Mr. Johnson:

Thank you for your January 10, 2005, letter to the Occupational Safety and Health Administration's (OSHA's) Directorate of Enforcement Programs. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. You had specific questions regarding regulations related to asphalt tank farm materials and construction. Your paraphrased inquiries and our responses follow.

Question: Should construction and material used on asphalt tank farms be listed, labeled, approved and certified?

Response: OSHA does not have a specific standard covering construction and manufacture of asphalt tank farms. The OSHA standard which regulates construction of tanks for flammable liquids is 29 CFR 1910.106. If the asphalt in question is less fluid than 300 penetration asphalt when tested in accordance with ASTM Test for Penetration for Bituminous Materials, D-5-65, it would not be considered a liquid and would not be covered under 29 CFR 1910.106. If the asphalt meets the definition of a liquid, then the liquid asphalt would be a Class IIIB combustible liquid (it has a flashpoint over 200ºF) and therefore would not covered under 29 CFR 1910.106.

Your letter also refers to NFPA 70, the National Electric Code. This consensus standard does not cover the materials and construction for flammable liquid storage tanks, except for any electrical equipment installed as part of the tank. Further questions regarding NFPA 70 are more properly addressed to the NFPA 70 Technical Committee.

Thank you for your interest in occupational safety and health. We hope you find this information helpful. 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
www.osha.gov. If you have any further questions, please feel free to contact the Office of General Industry Enforcement at (202) 693-1850.

Sincerely,



Richard E. Fairfax, Director
Directorate of Enforcement Programs