{"operation":"document","citation":"PI-08-0003","title":"Equistar Chemicals, LP — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-04-06","effective_on":null,"summary":"PI-08-0003 response to Equistar Chemicals, LP concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-08-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-08-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-08-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/PI080003.pdf","body":"<<<PAGE 1>>>\n\nApril 6, 2009\nMr. Franklin Stagg\nIntegrity Management Program Coordinator\nEquistar Chemicals, LP\nP.O. Box 1847\nAlvin, TX 77512\nRef. No.: PI-08-0003\nDear Mr. Stagg:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated May\n27, 2008, you requested an interpretation of 49 CFR 195.1 of the Federal pipeline safety\nregulations. You explained that the pipeline had been disconnected and purged with nitrogen\nand stated your belief that as a result, the line “does not carry any regulatory burdens…”\nPursuant to Chapter 601, Title 49, United States Code, PHMSA administers a national safety\nregulatory program for hazardous liquid pipelines and has responsibility for protecting against\nrisks to life, property, and the environment posed by pipelines. In carrying out its\nresponsibilities, PHMSA has established design, construction, operation, and maintenance\nstandards and regulations for hazardous liquid pipelines and has responsibility for enforcing\nthese requirements.\nOur responses to your requests for interpretation are as follows:\n• Question - Must 49 CFR Part 195, § 195.1 applicability be satisfied before any\nsubsequent Part 195 rule is applied?\n• Answer - Yes. Only pipelines that meet the applicability provisions in § 195.1 are\nsubject to Part 195.\n• Question - What criteria stated in § 195.1 would apply for an idle pipeline that is\nphysically disconnected from any hazardous liquid and purged with nitrogen for\nseveral years?\nAnswer - PHMSA regulations do not recognize an “idle” status for a hazardous liquid pipeline.\nThe pipeline in the specified scenario does not meet the applicability provisions of § 195.1 and\nwould not be subject to Part 195. However, you should be aware that ceasing normal operation\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts\n190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the\nperson requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand\nhow to comply with the regulations.\n\n<<<PAGE 2>>>\n\nof a pipeline does not remove the pipeline from PHMSA’s jurisdiction. If you have abandoned a\nPart 195 jurisdictional pipeline according to 195.402(c)(10), the requirements no longer apply.\nThe abandoned pipeline may not be returned to service unless the pipeline was maintained\naccording to Part 195 requirements while it was abandoned, or meets the requirements of a\nnewly designed and constructed pipeline.\nI hope that this information is helpful to you. If I can be of further assistance, please contact me\nat (202)366-3015.\nSincerely,\nSigned/JAG/April 6, 2009\nJohn A. Gale\nDirector, Office of Regulations\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts\n190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the\nperson requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand\nhow to comply with the regulations.\n\n<<<PAGE 3>>>\n\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts\n190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the\nperson requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand\nhow to comply with the regulations.","truncated":false,"body_characters":3922}