{"operation":"document","citation":"PI-02-0102","title":"Common Wealth of Virginia — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-11-01","effective_on":null,"summary":"PI-02-0102 response to Common Wealth of Virginia concerning 193.2001.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-02-0102.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-02-0102.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-02-0102","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2002/g02-11-22_Tahamtani_193.2001-olox.pdf","body":"<<<PAGE 1>>>\n\nPI-02-0102\nCommon Wealth of Virginia\nState Corporation Commission\nDivision of Utility and Railroad Safety\nNovember 1, 2002\nMr. Richard Huriaux\nOffice of Pipeline Safety\n400 Seventh Street, SW\nRoom 7128\nWashington, DC 20590\nDear Mr. Huriaux,\nThis letter is to request an interpretation of wording contained within 49 C.F.R § 193.2019. As you know, this\ncode section exempts \"mobile and temporary\" LNG facilities from compliance with 49 C.F.R. Part 193, if the facilities are\n\"...in compliance with applicable sections of NFPA 59A (1996 edition).\" One of the natural gas system operators in\nVirginia has approached the State Corporation Commission with a plan to install LNG facilities in a part of their system\nfor a period of three years. The facilities are needed to address pressure and capacity constraints that may occur on\npeak days until additional sources of gas are acquired.\nThe company's plan includes the installation of skid-mounted equipment including two small LNG storage tanks,\nan LNG tanker off-loading facility, and vaporizers. In addition, a boiler, a boil-off compressor, and a motor control center\nwill be in a prefabricated metal building set on an above grade foundation. All components of the system will be\nconnected by piping that runs in troughs constructed at grade level or above ground. The LNG tanks will be inside an\nimpoundment created by the installation of jersey barriers with sealant between them on top of gravel over a liner\nfabric. Associated piping and wiring to connect all of the facilities and controls will also be installed.\nThe LNG facility is designed with the following capacities:\n• On-Site Storage (2 LNG tanks) = 49,000 gallons or 4,000 Dths (total both tanks combined)\n• Send out Capability = 14,000 Dths per Day or 584 Dths per Hour\n• LNG Truck Unloading Capability = 1,000 Dths per Hour (2 Stations each connected to 2 tankers)\n• 2 Man Per Shift operations\nThe company believes these are \"mobile and temporary facilities\" as that term is used in §193.2019 as the LNG\nwill only be used for a period of three years, and then all equipment will be removed.\nBy this letter, I am requesting an interpretation of the term \"mobile and temporary\" found in § 193.2019.\nFurther, is a facility of the type described above \"mobile and temporary\" and, as such, exempt from meeting the\nrequirements of Part 193 as long as it is in compliance with the applicable sections of NFPA 59A (1996 edition)?\nIf you need additional information or have questions relative to this request, please feel free to contact me.\nSincerely,\nMassoud Tahamtani\n\n<<<PAGE 2>>>\n\nInterpretation 193.2001 5\nJanuary 14, 1993\nTO ALL STATE PIPELINE SAFETY PROGRAM MANAGERS\nEnclosed, for your information, is a copy of correspondence related to the formation of a committee to develop\nproposals for revising regulations applicable to mobile LNG facilities. This information is being provided to you so that\nyou might use the waiver process to take interim action on these types of facilities.\nAlso enclosed is a copy of a memorandum from Cesar De Leon regarding the application of regulations to these facilities\n(this memorandum was sent to you earlier in a pipeline safety information mailing -SR-92-136).\nSincerely,\nG. Tom Fortner\nOffice of Pipeline Safety Compliance\nEnclosures\n\n<<<PAGE 3>>>\n\n1993\nTO: Chris Bourne, MA\nPaul Grieco, RI\nStanley Kastanas, Colonial Gas Company\nRichard Marini, NH\nPhilip Sher, CT\nThis memorandum is in regard to the December 11, 1992, letter from Chris Bourne to Richard Marini about regulation of\nmobile LNG facilities.\nRather than establishing a moratorium on enforcement of 49 CFR Part 193 with respect to mobile LNG facilities, I believe\nit would be preferable for those adversely affected by application of Part 193 to mobile LNG facilities to seek relief\nthrough the waiver process. For those mobile LNG facilities that are subject to state regulatory authority, the LNG\noperators must apply for a waiver from the state agency; and if a waiver is granted, the Research and Special Programs\nAdministration (RSPA) would have 60 days to affirm or reject the waiver. For mobile LNG facilities subject to Federal\nregulatory authority, the LNG operators must apply to RSPA for a waiver.\nWhile we applaud the initiative to form a committee to submit proposals for revisions to the regulations applicable to\nmobile LNG facilities, we cannot sponsor such a committee and request that it not be characterized as a \"DOT LNG\nCommittee.\" The Federal Advisory Committee Act of 3972 establishes specific requirements for committees to advise\ngovernment agencies that make it difficult for RSPA to sponsor such a committee. Instead, we suggest that your\ncommittee be a state-sponsored effort, and be identified as such.\nIf you need further advice on this matter, please call Tom Fortner at 202-366-4564.\nSincerely,\nGeorge W. Tenley, Jr.\nAssociate Administrator for Pipeline Safety\n\n<<<PAGE 4>>>\n\nNov 2, 1992\nINFORMATION: Mobile LNG facilities\nCesar De Leon, Director\nPipeline Safety Regulatory Programs, DPS-10\nRichard Sanders, Manager\nPipeline Safety Division, DMA-607\nYour memo of June 17, 1992, describes a unit consisting of LNG storage cylinders, a vaporizer, and connection devices all\nmounted on a tractor-trailer. Operators temporarily connect such units to gas pipeline distribution systems to furnish\ngas when the normal supply is disrupted. You asked whether the unit is a pipeline facility subject to 49 CFR Part 192.\nBecause the unit is used in the transportation of gas by pipeline that is regulated by Part 192, the unit is an LNG facility\nsubject to the safety standards in 49 CFR Part 193 (§193.2001(a)). Amendments 192-36 and 193-2 (45 FR 70390; October\n23, 1990) repealed the application of Part 192 to LNG facilities, except as provided by § 193.2005(C). Under that section,\nan operator may elect to comply with Part 192 and NFPA 59A (1972 edition), instead of Part 193, with regard to siting,\ndesign, installation, and construction of certain existing facilities. So the unit would not be subject to Part 192 unless it's\ncovered by § 193.2005(c) and the operator has elected to comply with Part 192.\nWe recognize that compliance with the siting requirements of Part 193 may be difficult or overly burdensome for some\nmobile LNG facilities, considering the temporary nature of their use at particular sites. In this regard, we invite your\ncomments as to how the siting requirements might be changed to lighten the compliance burden without sacrificing\nsafety. Keep in mind that some existing mobile facilities may be except from those requirements to the extent provided\nby the grandfather provisions of §193.2005. Also, when mobile LNG facilities are in transit or are otherwise not being\nused in the pipeline transportation of gas, the Part 193 requirements do not apply.","truncated":false,"body_characters":6840}