Safety data sheets for blended waste-derived fuel oil

June 17, 1986

Mr. Paul Carstens
Safety Director
Petrochem Services, Inc.
[Recipient address omitted]
Dear Mr. Carstens:

This is in response to your letter of June 17, concerning the application of the Hazard Communication Standard (HCS), reference 29 CFR 1910.1200 to your waste oils. Please accept my apology for the delay in response.

Your letter indicates that your company is considering the production of fuel oil from waste oils regulated under the Resource Conservation and Recovery Act (RCRA) administered by the U.S. Environmental Protection Agency (EPA). The process apparently entails the addition of low flash solvents to waste oils to produce usable fuel oils.

You ask whether or not material safety data sheets (MSDS) are required for the finished fuel oil product and ask for guidance on their completion.

MSDS are required when products containing hazardous chemicals are sold to employers in the manufacturing sector [Standard Industrial Classification (SIC) codes 20-39]. Assuming your fuel oil product is destined for such an establishment and its use presents a potential for employees to be exposed to a health or physical hazard, then a MSDS is required.

The Hazard Determination provision of the HCS (reference 29 CFR 1910.1200(d) are used in conjunction with the appendices found at the end of the standard to evaluate the hazards of chemicals and chemical mixtures. Manufacturers may either test mixtures as a whole or report the effects of each of the hazardous components in a mixture. Each MSDS must accurately and thoroughly reflect the product's characteristics. Generic MSDS are permitted as long as this is accomplished.

Please feel free to contact us again if further assistance is needed.

Sincerely,
John B. Miles, Jr., Director
Directorate of Field Operations

[Requester letter reproduced on OSHA page; omitted here.]