Benzene-standard exemption for oil and gas operations

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

November 30, 1995

Mr. Larry R. Durio
Durio Consulting Services
[Recipient address omitted]
Dear Mr. Durio:

This letter is in response to your request for an interpretation on the exemption afforded under the benzene standard (29 CFR 1910.1028) for oil and gas drilling, production, and servicing operations. As you have correctly interpreted, these operations are exempt under the benzene standard. OSHA based the rationale for this exemption on data submitted that showed that it would be unlikely that any worker would be exposed at such a site with higher benzene levels in the crude oil for long periods of time. Based upon the evidence presented with the proposed benzene standard OSHA concluded that the average worker exposures would be well below the action level.

Please be aware that at some of these operations when the crude oil is pumped into storage containers, specific operations have been set up where the crude oil is first passed through a heater/separator-treater tank. OSHA regards this type of processing as being part of the manufacturing or processing operation and not part of the bulk storage and transfer process nor part of the oil well production operation. Under such circumstance, the benzene standard would be applicable until monitoring data collected from at least two data points at least seven days apart showed exposures below the benzene action level.

If you have and further questions, please contact Richard Fairfax of my staff at (202) 219-8036.

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

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