When petroleum tank cleaning is covered by HAZWOPER

December 11, 1990

Mr. Ron Phillips
Vice President
Sales Petrochemical Services, Inc.
[Recipient address omitted]
Dear Mr. Phillips:

This is in response to your inquiry concerning the application of the Hazardous Waste Operations and Emergency Response Standard (29 CFR 1910.120) to cleaning petroleum storage tanks located in tank terminals and refineries.

Tank cleaning is covered by 29 CFR 1910.120 if any of the following apply:

1. A government body is requiring the tank to be removed because of the potential threat to the environment or the public;

2. The activities are necessary to complete a corrective action under the Resource Conservation and Recovery Act and amendments.

3. A governmental body has recognized the site to be contaminated with hazardous substances; or

4. There is a need for emergency response procedures.

Note: It is not a requirement that a release must have occurred in order to meet the above triggering elements.

On the other hand, where 1910.120 does not apply other OSHA standards, including 5(a)(1) of the Act would be applicable.

I hope this information is helpful.

Sincerely,
Patricia K. Clark, Director
Directorate of Compliance Programs