{"operation":"document","citation":"PI-01-0111","title":"Sempra Energy — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-06-01","effective_on":null,"summary":"PI-01-0111 response to Sempra Energy concerning 192.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0111.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0111.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0111","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2001/g01-06-01_Padleschat_192.3-pipeline_facility-nlmx.pdf","body":"<<<PAGE 1>>>\n\nPI-01-0111\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 Seventh St., S.W.\nWashington, D.C. 20590\nJune 1, 2001\nMs. Joyce A. Padleschat Attorney\nSempra Energy\n101 Ash Street\nSan Diego, CA 92101-3017\nDear Ms. Padleschat:\nThis letter is in response to your letter of May 1, 2001, requesting clarification of the definition of \"pipeline\nfacilities\" as used in federal gas pipeline safety regulations at 49 CFR Part 192.\nSempra was asked by the Certified Unified Program Agency (CUPA) for Kern County, California, to prepare a\nRisk Management Plan (RMP) for anhydrous ammonia storage and handling facilities, which are part of a selective\ncatalytic reduction (SCR) system used for controlling NO emissions from a natural gas pipeline compressor station.\nPreparation of RMPs for certain stationary pollution sources is required by the regulations of the U.S. Environmental\nProtection Agency (EPA) at 40 CFR § 68.3. Because the SCR facilities are part of the compressor engine assembly,\nSempra maintains that they are transportation-related \"pipeline facilities\" not subject to the RMP requirements.\nThe pipeline safety regulations at 49 CFR § 192.3 define \"pipeline facility\" as \"new and existing pipelines,\nrights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas\nduring the course of transportation.\" There is no question that Sempra's pipeline compressor assemblies, including the\nstorage tanks for anhydrous ammonia, are \"pipeline facilities.\" Although the term \"transportation\" is not defined, we\nbelieve that the anhydrous ammonia storage likely constitutes a \"stationary source\" within the meaning of the\nenvironmental regulations at 40 CFR § 68.3 (the RMP rule).\nHowever, the gas pipeline safety regulations do not address NO control. Nor can the storage of anhydrous\nammonia for the purpose of pollution control be considered \"storage incident to transportation\" in the sense of\nstorage of a product being transported by a pipeline.\nTherefore, the storage of anhydrous ammonia storage as part of an SCR system on a \"pipeline facility\" does not appear\nto exempt it from the EPA RMP requirements. Naturally, any determination of whether this facility is subject to RMP\nrequirements is up to EPA and its state partners.\nIf you have any further questions, please contact me at (202) 366-4565.\nSincerely yours,\nRichard D. Huriaux, P.E.\nManager, Regulations\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nSempra Energy\n101 Ash Street\nSan Diego, CA 92101-3017\nMay 1, 2001\nRichard Huriaux\nDirector of Regulations\nOffice of Pipeline Safety\nResearch and Special Programs Administration\nDepartment of Transportation\n400 Seventh Street, S.W., Room 7128\nWashington, D.C. 20590\nRe: Definition of \"Pipeline Facility\"\nDear Mr. Huriaux:\nThank you for taking the time yesterday in our telephone conversation to respond to my question concerning facilities\nthat constitute a \"pipeline facility\" and for offering to provide us with a written explanation. We would very much\nappreciate the written response.\nAs we discussed, the Company has been asked to prepare a RMP for emissions reduction equipment that is necessary\nfor the operation of natural gas compressors along a transmission pipeline. Transportation facilities subject to oversight\nor regulation under 49 C.F.R. Part 192 are included in those facilities exempt from preparing a RMP.1 I understand from\nour conversation that you participated in defining the parameters of this exemption.\nThe facilities at issue are part of a natural gas compressor station regulated pursuant to 49 C.F.R. Part 192. Each\ncompressor is driven by a natural gas fired engine which, pursuant to the engine's air quality permit, is equipped with a\nSelective Catalytic reduction system (\"SCR\") to reduce air pollutant emissions (N0x). SCR operates by injecting small\namounts of ammonia into the emission stack, which changes the NO into nitrogen and water. Consequently, this facility\nhandles and stores a certain volume of anhydrous ammonia for use solely in the SCR. Pursuant to the engines' air\npermits, the engines — and thus the compressors - would not be able to operate without the SCR, including ammonia.\nThe only purpose for the SCR, including the ammonia, is to allow operation of the compressors that move natural gas\nthrough the pipeline system. Based on their purpose and function, we believe that the emission reduction equipment\nthat are part of the compressor engines are transportation related \"pipeline facilities\" as defined by 49 C.F.R. Part 192.\nWe greatly appreciate your providing us with your opinion in this matter.\nVery truly yours,\nJoyce A. Padleschat\n1 49 C.F.R. §68.3, definition of “Stationary source”.","truncated":false,"body_characters":4757}