It appears OSHA is getting serious about 1910.106(e)(2)(ii)(b)…
1910.106(e)(2)(ii) “Containers.” flammable liquids shall be stored in tanks or closed containers.
1910.106(e)(2)(ii)(a) Except as provided in subdivisions (b) and (c) of this subdivision, all storage shall comply with paragraph (d) (3) or (4) of this section.
1910.106(e)(2)(ii)(b) The quantity of liquid that may be located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building shall not exceed:
1910.106(e)(2)(ii)(b)(1) 25 gallons of Category 1 flammable liquids in containers
1910.106(e)(2)(ii)(b)(2) 120 gallons of Category 2, 3, or 4 flammable liquids in containers
1910.106(e)(2)(ii)(b)(3) 660 gallons of Category 2, 3, or 4 flammable liquids in a single portable tank.
This week OSHA issued a Willful Citation for $63,000 for violating 1910.106(e)(2)(ii)(b)(2).
29 CFR 1910.106(e)(2)(i) applies to those portions of an industrial plant where the use and handling of flammable or combustible liquids is only incidental to the principal business, such as automobile assembly, construction of electronic equipment, furniture manufacturing, or similar activities. Furthermore, the OSHA rule at 29 CFR 1910.106(e)(2)(ii)(b) allows employers to store up to:
(1) 25 gallons of Class IA liquids in containers,
(2) 120 gallons of Class IB, IC, II, or III liquids in containers, and
(3) 660 gallons of Class IB, IC, II, or III liquids in a single portable tank, outside of an inside storage room or storage cabinet in a building or in any one fire area of a building.
Therefore, an employer may store flammable and/or combustible liquids within the facilities defined in 29 CFR 1910.106(e)(2)(i), in containers up to the quantities listed in 29 CFR 1910.106(e)(2)(ii)(b), in a cabinet or drawer that does not meet the specifications of a flammable storage cabinet described under 29 CFR 1910.106(d)(3). Such storage is considered outside an inside storage room or flammable storage cabinet.
Some Area Directors have interpreted these requirements to permit employers the choice of one of the three options. In other words, under this interpretation, if 25 gallons of Class IA liquids was stored in containers outside of an inside storage room or storage cabinet in a building, no additional quantity of Class IB, IC, II, or III liquids would be allowed. This is contrary to the intended meaning of this standard.
The source document, NFPA No. 30-1969 Flammable and Combustible Liquids Code, requires the following:
The quantity of liquid that may be located outside of an inside storage room or storage cabinet in a building shall not exceed that given in (a), (b) and (c).
This means that any combination of the permitted quantities of various classes of flammable liquids is allowed so long as the maximum permitted quantity for any one of the three categories is not exceeded.
Sources:
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=DIRECTIVES&p_id=1779
and
https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=24775