I took this photo as part of an investigation to assist a potential new client in their defense against an OSHA citation. This setup is exactly what OSHA took issue with. A DOT container “dropped” and was being used as a “storage tank” since its motive power had been removed.
This practice caused the PSM threshold for flammable liquids (e.g. 10,000 pounds) to be exceeded and thus OSHA issued a citation because the facility was not managing their process as a PSM-covered process.
The stationary process was capable of holding only 8,500 pounds. But due to some changes in business, the facility needed a larger inventory, so they decided to use a “dropped trailer” as a storage tank, which clearly put them over the 10,000 pound TQ.
By the way, the use of this DOT container will no longer fall under DOT jurisdiction once the motive power has been removed (ยง 177.834 General requirements and https://www.phmsa.dot.gov/regulations/title49/interp/13-0050)