{"operation":"document","citation":"PI-09-0005","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-09-0005 response to Equistar Chemicals, LP concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2009/PI-09-0005.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAPR - 6 2009\nMr. Franklin Stagg\nIntegrity Management Program Coordinator\nEquistar Chemicals, LP\nP.O. Box IB47\nAlvin, TX 77512\nRef. No.: PI-OB-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. I 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. I 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\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)( 1 0), 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,\n,;)[~\n'l/ .lQ.Iw-K.~~\n{ Director, 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. lllese 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\nEquistar Chemicals, LP\nA LyondellBasell Company\nPipeline Office\nPO Box 1847\nAlvin. TX 77512-1 847\nPhone: 713.844.6972\nFax: 713.844.6930\nfranklin.staqa~eauistar.com\nCertified M a i l 7007 0220 0000 1150 0845\nDate: May 27,2008\nOffice of Pipeline Safety\nPipeline and Hazardous Material Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: DOT Operator ID 25 146\nSir,\nThe Certified May 22nd letter has been resent to the OPS Headquarters address listed on the\nwebsite because the address listed in the regulations was different.\nEquistar Chemicals, LP (Equistar) request a written interpretation per Title 49 CFR $190.1 1 (b) of\nCFR 49 $ 195.1 Applicability.\nInterpretation 1\nMust 49 CFR 195.1 applicability be satisfied before any subsequent part 195 rule is\napplied?\nInterpretation 2\nWhat criteria stated in 195.1 would an idle pipeline that is physically disconnected from any\nhazardous liquid and purged with nitrogen for several years satisfy to be regulated? (The\npipeline is not in hazardous liquid service or engaged in transmission.)\nEquistar Chemicals, LP is contesting PHMSA's authority to regulate a line that was formerly in\ninterstate hazardous liquid service and is disconnected and purged with nitrogen. PHMSA wants to\ndo a safety audit of this idle nitrogen purged line. The line in question has been disconnected from\nany product and purged with nitrogen for several years. Equistar asserts that the regional\nPHMSA's office application of the phrase that lines are either \"active\" or \"abandoned\" is incorrect.\nEquistar claims that lines can be \"abandoned\" for regulatory purposes but not be permanently\nabandoned. Since the applicability section of 195 does not apply, the line is non-regulated and\ntherefore does not carry any regulatory burdens that can be audited from the date it was removed\nfkom hazardous liquid service.\nEquistar did not want to abandon the line per 195.59 since it may be used at some future time. The\npipeline has been disconnected from any hazardous liquid and is purged with nitrogen. Equistar\n\n<<<PAGE 4>>>\n\nnotified PHMSA the line was no longer hazardous and had committed to do a conversion of\nservice should the line ever be put back in service prior to the audit request.\nYour prompt response to the inquiry would be greatly appreciated. Please contact me if you need\nany additional information or clarification.\nSincerely,\n. -.\nFranklin Stagg\nIntegrity Management Program Coordinator\nfianklin.stagg@equistar.com\n71 3-858-1927 (cell)\n7 13-844-6972 (office)\nRodrick M. Seely\nRegional Office:\nOffice of Pipeline Safety\n8701 S. Gessner Ste 1 1 10\nHouston, TX 77074\nJon Jacobi\nRegional Office:\nOffice of Pipeline Safety\n870 1 S. Gessner Ste 1 1 10\nHouston, TX 77074","truncated":false,"body_characters":6344}