{"operation":"document","citation":"PI-09-0008","title":"Kansas Corporation Commission — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-07-30","effective_on":null,"summary":"PI-09-0008 response to Kansas Corporation Commission concerning 192.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-09-0008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2009/PI-09-0008.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\nJUL 3 0 2009\nMr. Leo M. Haynos\nChief of Gas Operations & Pipeline Safety\nKansas Corporation Commission\n1500 SW Arrowhead Road\nTopeka, KS 66604\nDear Mr. Haynos:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nApril 7, 2009, you requested an interpretation ofthe applicability of the Federal pipeline safety\nregulations at 49 CFR Part 192 to operators of several gas pipeline systems regulated by the\nKansas Corporation Commission (KCC). You stated that KCC identified several gas gathering\nsystem operators that: (1) operate a section of natural gas piping between the last compressor of\nthe gathering system and the sales point to an interstate transmission pipeline; and (2) operate gas\ngathering systems with parameters for Class 1 locations, with maximum operating pressure of up\nto 700 psig, with pipe diameter from 2 inches to 6 inches, and with pipe length from 150 feet to\n1,500 feet. Based on inquiries you received from several operators regarding § 192.8, you\nrequested PHMSA' s interpretation of the following four questions:\nQl: If the pipe between the outlet of the compressor and the transmission line tap is within\nan area, (such as a compressor station) where access is controlled by the operator, is this\nsection of pipe considered to be subject to pipeline safety regulations?\nQ2: Ifthe pipe between the outlet of the compressor and the transmission line tap is located\nin a pipeline easement that is exclusively controlled by the operator, (i.e., no other utilities,\npipelines or public roads are allowed in the easement), is the pipe in question subject to\npipeline safety regulations?\nQ3: 49 CFR Part 192.8(a)(4) states, \"the endpoint of gathering, under section 2.2(a)(l )(D)\nof API RP 80, may not extend beyond the furthermost downstream compressor used to\nincrease gathering line pressure for delivery to another pipeline\". Because the limitation\nonly applies to endpoints considered under 2.2(a)(l)(D) and not to all ofthe endpoints\nunder 2.2(a)Cl), this limitation appears only to limit compression facilities on a transmission\nline from being used as endpoints for a gathering system. Could the above described gas\npiping between the last compressor on a gathering system and the transmission pipeline be\nconsidered to define an endpoint of the gathering system at the transmission line tap as per\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect\nthe agency's current application of the regulations to the specific facts presented by the person requesting the\nclarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the\npublic understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\n2.2(a)(l)(E) which defines the endpoint of gathering as, \"the connection to another pipeline\ndownstream of:\n(i) the furthermost downstream endpoint identified in (A), (B), (C) or (D) ... \"?\nQ4: What is the minimum footage of regulated transmission pipelines that must file a map\nwith the National Mapping System as required by 49 USC Sec. 60132?\nPursuant to 49 U.S.c. 60101 et seq., PHMSA prescribes and enforces standards and regulations\nthat apply to the gathering, transmission, and distribution of gas by pipeline. A gathering line is\ndefined in 49 CFR § 192.3 as \"a pipeline that transports gas from a current production facility to\na transmission line or main.\" That same section defines a transmission line as \"a pipeline, other\nthan a gathering line, that: (1) Transports gas from a gathering line or storage facility to a\ndistribution center, storage facility, or large volume customer that is not downstream from a\ndistribution center; (2) operates at a hoop stress of20 percent or more ofSMYS; or (3) transports\ngas within a storage field.\"\nResponse to 01 & 02 - we refer you to Gas Gathering Endpoint FAQ No.6 which addresses\ncompressor station demarcation points. Gas Gathering Endpoint F AQ No.6 is reprinted below:\nONSHORE GAS GATHERING FAQS\nGAS GATHERING ENDPOINT\nFAQ No.6: - If a compressor station marks the endpoint of gathering, where does\nthe \"compressor station\" end?\nPHMSA Response: - The compressor station discharge line and any additional\npiping and equipment for treatment (e.g., dehydration) or measurement of the gas\nat the compressor station site are part of the \"compressor station.\" These\nadditional operations are not required to be within any compressor station fencing,\nbut must be at the same location (emphasis added) to be part of the \"compressor\nstation.\" The gathering line will typically end at a tie-in to another pipeline which\nis a valve or flange at the outlet of the station (inside or outside the fence or\nproperty line) and is the beginning of the transmission line.\nDuring the rulemaking process, PHMSA requested information from the regulated industry and\nother stakeholders concerning the short segments in proximity to compressor stations you\ndescribe. We did not receive responses in time to include any discussion of whether any further\nclarification was needed on this topic in the rulemaking. Should PHMSA initiate a rulemaking\nfor clarification of the issues raised in Q3, we may consider revisiting the issues in Ql & Q2.\nResponse to Q3 - On March 15, 2006, PHMSA issued a Final Rule that defined a \"regulated\ngathering line\" and set forth the requirements that apply to regulated gathering lines (71 FR\n13289). The rule adopted API RP 80 with certain limitations. Section 192.8 now provides as\nfollows:\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect\nthe agency's current application of the regulations to the specific facts presented by the person requesting the\nclarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the\npublic understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\n3\n§ 192.8 How are onshore gathering lines and regulated onshore gathering lines\ndetennined?\n(a) An operator must use API RP 80 (incorporated by reference, see § 192.7), to\ndetennine if an onshore pipeline (or part of a connected series of pipelines) is an\nonshore gathering line. The detennination is subject to the limitations listed\nbelow. After making this detennination, an operator must detennine if the\nonshore gathering line is a regulated onshore gathering line under paragraph (b) of\nthis section.\n(1) The beginning of gathering, under section 2.2(a)(1) of API RP 80, may not\nextend beyond the furthennost downstream point in a production operation as\ndefined in section 2.3 of API RP 80. This furthennost downstream point does not\ninclude equipment that can be used in either production or transportation, such as\nseparators or dehydrators, unless that equipment is involved in the processes of\n\"production and preparation for transportation or delivery of hydrocarbon gas\"\nwithin the meaning of \"production operation.\"\n(2) The endpoint of gathering, under section 2.2(a)(I)(A) of API RP 80, may not\nextend beyond the first downstream natural gas processing plant, unless the\noperator can demonstrate, using sound engineering principles, that gathering\nextends to a further downstream plant.\n(3) If the endpoint of gathering, under section 2.2(a)(I)(C) of API RP 80, is\ndetennined by the commingling of gas from separate production fields, the fields\nmay not be more than 50 miles from each other, unless the Administrator finds a\nlonger separation distance is justified in a particular case (see 49 CFR § 190.9).\n(4) The endpoint of gathering, under section 2.2(a)(I)(D) of API RP 80, may not\nextend beyond the furthennost downstream compressor used to increase gathering\nline pressure for delivery to another pipeline.\nSection 2.2(a)(1)(E) of API RP 80 describes a fifth possible endpoint of gathering-a connecting\nline running between the last compression or processing facility and another (transmission)\npipeline. This is often referred to as an \"incidental gathering\" line. While the March 15, 2006,\nrule did not expressly adopt a limitation on the fifth possible endpoint of gathering in section\n2.2(a)(I)(E) of API RP 80, PHMSA considers this to be a drafting error that does not reflect\nPHMSA's intent. In the Supplemental Notice of Proposed Rulemaking, PHMSA expressed its\nintent to \"assure gathering line detenninations do not stray significantly from PHMSA's historic\ninterpretations of gathering or do not abuse the \"furthennost downstream\" concept.\" (70 FR\n57540).\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect\nthe agency's current application of the regulations to the specific facts presented by the person requesting the\nclarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the\npublic understand how to comply with the regulations.\n\n<<<PAGE 4>>>\n\n4\nHistorically, PHMSA has not accepted the incidental gathering designation. Based on the\npressures at which these lines typically operate and the fact that they share maintenance and\ninspection needs with high pressure transmission lines, PHMSA has historically treated these\nlines as regulated transmission lines and did not intend to make any change in the rule. Indeed,\nthe intent of Congress in mandating the rulemaking was to bring additional pipeline mileage into\nthe regulations, not to deregulate lines.\nIn our experience, the majority of operators treat these lines as regulated transmission lines and\nPHMSA believes they will continue to do so. Although incidental gathering designations are\ncurrently permissible due to the drafting error and would apply to the system descriptions you\nprovided, PHMSA is currently considering whether a rule amendment should be undertaken to\ncorrect the rule and propose adding a fifth limitation on RP 80 or other rule modifications which\nwould mean incidental gathering determinations are no longer permissible. Because PHMSA\nmay undertake such a rule amendment in the near future, operators should strongly consider\nkeeping incidental gathering designations to an absolute minimum and treating these lines as\nregulated transmission lines.\nResponse to 04 - There is no minimum footage for National Pipeline Mapping System (NPMS)\nfiling. Operators with PHMSA-regulated transmission pipelines must file an NPMS submission.\nI hope that this information is helpful to you. If I can be of further assistance, please contact me\nat (202) 366-4046.\nSincerely,\nDirector, Office of Regulations\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect\nthe agency's current application of the regulations to the specific facts presented by the person requesting the\nclarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the\npublic understand how to comply with the regulations.\n\n<<<PAGE 5>>>\n\n~ ~\nKANSAS\nCORPORATION COMMISSION\nKathleen Sebelius, Governor\nThomos E. Wright, Chairman\nMichael C. Moffet, Commissioner\nJoseph F. Harkins, Commissioner\nApril 7, 2009\nu.s. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E24-455\n1200 New Jersey Ave., SE\nWashington, DC 20590\nSubject: Request for Interpretations of 49 CFR Part 192.8\nDear Sirs:\nThe Kansas Corporation Commission Staff has identified several operators of gas gathering\nsystems that operate a section of natural gas piping between the last compressor of the gathering\nsystem and the sales point to an interstate transmission pipeline. For all of the operators being\ndiscussed, the following parameters apply:\nClass Location One\nLength of pipeline Ranging from 150 feet to maximum of 1500 feet\nDiameter of pipeline Ranging from 2\" to 6\"\nMax. operating pressure Up to 700 psi\nIn our review of these operations, several questions have been raised by the operator regarding\napplication of 49 CFR Part 192.8. At your earliest convenience, please provide PHMSA's\nresponses to the following four (4) questions:\nQ 1: If the pipe between the outlet of the compressor and the transmission line tap is within an\narea, (such as a compressor station) where access is controlled by the operator, is this section of\npipe considered to be subject to pipeline safety regulations?\nQ2: If the pipe between the outlet of the compressor and the transmission line tap is located in a\npipeline easement that is exclusively controlled by the operator, (ie: no other utilities, pipelines,\nor public roads are allowed in the easement), is the pipe in question subject to pipeline safety\nregulations?\nQ3: 49CFR Part 192.8(a)(4) states, \"the endpoint of gathering, under section 2.2(a)(l )(D) of API\nRP 80, may not extend beyond the furthermost downstream compressor used to increase\ngathering line pressure for delivery to another pipeline\". Because the limitation only applies to\nendpoints considered under 2.2(a)(1)(D) and not to all of the endpoints under 2.2(a)(1), this\nlimitation appears only to limit compression facilities on a transmission line from being used as\nendpoints for a gathering system. Could the above described gas piping between the last\n1500 SW Arrowhead Road, Topeka, KS 66604-4027 • (785) 271-3100 • Fax: (785) 271-3354 • http://kcc.ks.gov/\n\n<<<PAGE 6>>>\n\ncompressor on a gathering system and the transmission pipeline be considered to define an\nendpoint of the gathering system at the transmission line tap as per 2.2(a)(I)(E) which defines\nthe endpoint of gathering as, \"the connection to another pipeline downstream of:\n(i) the furthermost downstream endpoint identified in (A), (B), (C) or (D} ... \"?\nQ4: What is the minimum footage of regulated transmission pipelines that must file a map with\nthe National Pipeline Mapping System as required by 49 USC Sec. 60132?\nSincerely,\nLeo M. Haynos\nChief of Gas Operations & Pipeline Safety\nKansas Corporation Commission","truncated":false,"body_characters":14579}