{"operation":"document","citation":"PI-04-0100","title":"Marathon Ashland Pipe Line LLC — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-01-22","effective_on":null,"summary":"PI-04-0100 response to Marathon Ashland Pipe Line LLC concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-04-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-04-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-04-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2004/g04-01-22_Schell_195.1-wmx.pdf","body":"<<<PAGE 1>>>\n\nPI-04-0100\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nJanuary 22, 2004\nMr. Tad Schell, P.E.\nSenior Regulatory Compliance Coordinator\nMarathon Ashland Pipe Line LLC\nEnvironmental, Safety & Regulatory Compliance\n539 South Main Street\nFindlay, OH 45840-3205\nDear Mr. Schell:\nThis is in response to your e-mail of November 21, 2003, in which you request an interpretation of 49 CFR\n195.1(b)(3)(iii) as it applies to low-stress, highly volatile liquid (HVL) pipelines. Specifically, the question arises for a\nproposed Marathon Ashland Pipe Line LLC (MAPL) pipeline transporting HVL less than one mile between the MAPL Texas\nCity refinery and a Dow Chemical plant. MAPL states that the pipeline is low stress and does not cross any waterway\nused for commercial navigation.\nSection 195.1(b)(3)(iii) of the hazardous liquid pipeline safety regulations addresses one of nine exceptions to\nthe applicability of Part 195 to hazardous liquid pipelines. Section (b)(3) states that this part does not apply to--\n(1) Transportation through any of the following low-stress pipelines:\n(I) An onshore pipeline or pipeline segment that --\n(A) Does not transport HVL;\n(B) Is located in a rural area; and\n(C) Is located outside a waterway currently used for commercial navigation;\n(ii) A pipeline subject to safety regulation of the U.S. Coast Guard; OR\n(iii) A pipeline that services refining, manufacturing, or truck, rail, or vessel terminal facilities, if the\npipeline is less than 1 mile long (measured outside facility grounds) and does not cross an\noffshore area or a waterway currently used for commercial navigation.\nTo be exempt from regulation under Part 195, a hazardous liquid pipeline must meet only one of these three\ncriteria. Based on MAPL's description of the proposed pipeline, it would be exempt from regulation under §\n195.1(b)(3)(iii).\nIf you have any further questions about the pipeline safety regulations, please contact me at (202) 366-4565.\nSincerely,\nRichard D. Huriaux, P.E.\nManager, Regulations\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nRequest for interpretation of 49CFR195\nHuriaux, Richard\nFrom: Schell, Tad A. [TASchell@MAPLLC.conn)\nSent: Friday, November 21, 2003 2:28 PM\nTo: Huriaux, Richard\nCc: Lowry, Allen D.; Rinehart, Harold E.; Kiracofe, Bill\nSubject: Request for interpretation of 49CFR195\nDear Mr. Huriaux:\nAs we discussed by telephone November 21, 2003, MAPL has been discussing with the Railroad Commission of Texas the\nregulatory language used at 49 CFR 195.1(b)(3)(iii) as it applies to low-stress HVL lines.\nOur company reading of 195.1(b)(3)(iii) leads us to believe that this exception applies to low-stress HVL lines, however\nCommission personnel insist that 195.1(b)(3)(iii) cannot be used by HVL lines.\nOur contact at the Railroad Commission of Texas is Mr. Lee Thying, 512-463-7052.\nWould you please provide MAPL and the Railroad Commission of Texas with an interpretation as to whether the\nexception of 195.1(b)(3)(iii) applies to HVL lines?\nA copy of correspondence that we have sent to the Railroad Commission of Texas is attached. Thank you for your\nconsideration in this matter.\nTad A. Schell, P.E.\nSenior Regulatory Compliance Coordinator\nMarathon Ashland Pipe Line LLC\n419-421-3201\n\n<<<PAGE 3>>>\n\nMarathon Ashland Petroleum LLC\n539 South Main Street\nFindlay, OH 45840-3295\nOctober 22, 2003\nMs. Mary McDaniel\nDirector, Safety Division\nRailroad Commission of Texas P.O. Box 12967\nAustin, TX 78711\nRE: Interpretation of 49 CFR 195.1(b)(3)(iii)\nDear Ms. McDaniel:\nAs you may be aware, representatives of Marathon Ashland Pipe Line LLC (MAPL) have been in contact with your staff\nconcerning a proposed HVL (Highly Volatile Liquid, propane in this instance) connection between the Marathon Ashland\nPetroleum LLC Texas City refinery and a neighboring DOW Chemical facility.\nThis connecting line will:\n1. Be less than 1 mile in length,\n2. Be constructed such that the pipeline would be a low-stress pipeline as defined by 49 CFR 195.2 (i.e. the line\nwould operate at an internal pressure that produces an internal wall stress of 20% or less of specified minimum\nyield strength (SMYS) of the pipe),\n3. Serve a plant customer, and\n4. Not cross any waterway used for commercial navigation.\nWe note that 49 CFR 195.1(b)(3)(iii) reads as follows:\n(b) This part does not apply to-\n...\n(3) Transportation through any of the following low-stress pipelines:…..\n(iii) A pipeline that serves refining, manufacturing, or truck, rail, or vessel terminal facilities, if the pipeline is less than 1\nmile long (measured outside facility grounds) and does not cross an offshore area or a waterway currently used for\ncommercial navigation;\nYour staff has advised MAPL that the exception written into 49 CFR 195.1(b)(3)(iii) cannot be used by HVL pipelines.\nOur own reading of the section 195.1 indicates that 49 CFR 195.1(b)(3)(iii) does except HVL pipelines of this nature from\nPart 195 regulation. In addition, we have consulted with Messrs. Richard Huriaux and L.M. Furrow at OPS Headquarters\non this matter, and they concur with our view of 49 CFR 195.1(b)(3)(iii).\nBased on the above, MAPL respectfully requests that you please reconsider the position taken by your staff on the\napplicability of 49 CFR 195.1(b)(3)(iii) to HVL lines.\nIn closing, we realize that the Railroad Commission of Texas has an important mission to ensure the safety of hazardous\nliquid pipeline systems in Texas. While MAPL may have a difference of opinion with the RCC from time to time, we\nintend to comply fully with all applicable Federal and State regulations. Be assured that MAPL is committed to\nresponsibly operating our pipeline systems to safeguard the community in which we operate.\nPlease contact me at 419421-3201 if you require further information to consider this matter. Your prompt attention in\nthis matter would be appreciated.\nSincerely,\nTad Schell, P.E.\nSenior Regulatory Compliance Coordinator\nMarathon Ashland Pipe Line LLC","truncated":false,"body_characters":6037}