{"operation":"document","citation":"PI-14-0015","title":"Legacy Reserves Operating LP — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-05-06","effective_on":null,"summary":"PI-14-0015 response to Legacy Reserves Operating LP concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-14-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-14-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-14-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2015/Legacy_PI_14_0015_05_06_2015_Part195.0.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAY - 6 2015\nMr. Scott Bliss\nLegacy Reserves Operating LP\nP.O. Box 2850\nCody, WY 82414\nDear Mr. Bliss:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nAugust 8, 2014, you requested an interpretation on your Fourbear Gathering Pipeline System\nlocated in Park County, Wyoming and the applicability of 49 CFR Part 195 to this pipeline\nsystem. The system transports crude oil from production fields in Park County to the Oregon\nBasin Station where it enters a pipeline system operated by Marathon. You provided an\nApplicability Study detailing system specifications and operations.\nYou described the Fourbear Gathering Pipeline System as a low-stress system operating below\n20 percent specified minimum yield strength (SMYS) and located in a rural area. You stated that\nthe Fourbear Gathering Pipeline System is unique in design-telescoping from 6-inch to 8-inch,\nthen 1 0-inch pipe as it travels between pumps. In addition, while the 6-inch and 8-inch segments\nof the pipeline are within a quarter mile of an unusually sensitive area (USA), the 1 0-inch\nsegments of the pipeline system are not within a half mile of a USA. Therefore, you believe that\nthe 6-inch and 8-inch segments of the system are rural, non-regulated gathering and the 10-inch\nsegments ofthe pipeline are Category 3 low-stress pipeline.\nSection 195.1 (b)( 4) states:\n§ 195.1 Which pipelines are covered by this Part?\n(b) Excepted. This Part does not apply to any ofthe following:\n(4) Transportation of petroleum through an onshore rural gathering line\nthat does not meet the definition of a \"regulated rural gathering line\" as\nprovided in§ 195.11. This exception does not apply to gathering lines in\nthe inlets of the Gulf of Mexico subject to§ 195.413;\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications of the Regulations ( 49 CFR Parts l 90- l 99) in the form of interpretat~n 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\nSection 195.1l(a) states:\n§ 195.11 What is a regulated rural gathering line and what requirements\napply?\nEach operator of a regulated rural gathering line, as defined in paragraph\n(a) ofthis section, must comply with the safety requirements described in\nparagraph (b) of this section.\n(a) Definition. As used in this section, a regulated rural gathering line\nmeans an onshore gathering line in a rural area that meets all of the\nfollowing criteria-\n(1) Has a nominal diameter from 6% inches (168 mm) to 8% inches\n(219.1 mm);\n(2) Is located in or within one-quarter mile (.40 km) of an unusually\nsensitive area as defined in§ 195.6; and\n(3) Operates at a maximum pressure established under § 195.406\ncorresponding to-\n(i) A stress level greater than 20-percent of the specified minimum yield\nstrength of the line pipe; or\n(ii) If the stress level is unknown or the pipeline is not constructed with\nsteel pipe, a pressure ofmore than 125 psi (861 kPa) gage.\nAlso, for low stress pipelines § 195.12 states:\n§ 195.12 What requirements apply to low-stress pipelines in rural areas?\n(a) General. This Section sets forth the requirements for each category of\nlow-stress pipeline in a rural area set forth in paragraph (b) of this Section.\nThis Section does not apply to a rural low-stress pipeline regulated under\nthis Part as a low-stress pipeline that crosses a waterway currently used for\ncommercial navigation; these pipelines are regulated pursuant to\n§ 195.1(a)(2).\n(b) Categories. An operator of a rural low-stress pipeline must meet the\napplicable requirements and compliance deadlines for the category of\npipeline set forth in paragraph (c) of this Section. For purposes of this\nSection, a rural low-stress pipeline is a Category 1, 2, or 3 pipeline based\non the following criteria:\n(1) A Category 1 rural low-stress pipeline:\n(i) Has a nominal diameter of 8% inches (219 .1 mm) or more;\n(ii) Is located in or within one-half mile (.80 km) of an unusually sensitive\narea (USA) as defined in § 195.6; and\n(iii) Operates at a maximum pressure established under§ 195.406\ncorresponding to:\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(A) A stress level equal to or less than 20-percent of the specified\nminimum yield strength of the line pipe; or\n(B) Ifthe stress level is unknown or the pipeline is not constructed with\nsteel pipe, a pressure equal to or less than 125 psi (861 kPa) gauge.\n(2) A Category 2 rural pipeline:\n(i) Has a nominal diameter of less than 8% inches (219.1mm);\n(ii) Is located in or within one-half mile (.80 km) of an unusually sensitive\narea (USA) as defined in§ 195.6; and\n(iii) Operates at a maximum pressure established under§ 195.406\ncorresponding to:\n(A) A stress level equal to or less than 20-percent of the specified\nminimum yield strength of the line pipe; or\n(B) If the stress level is unknown or the pipeline is not constructed with\nsteel pipe, a pressure equal to or less than 125 psi (861 kPa) gage.\n(3) A Category 3 rural low-stress pipeline:\n(i) Has a nominal diameter of any size and is not located in or within one-\nhalf mile (.80 km) of an unusually sensitive area (USA) as defined in\n§ 195.6; and\n(ii) Operates at a maximum pressure established under§ 195.406\ncorresponding to a stress level equal to or less than 20-percent of the\nspecified minimum yield strength of the line pipe; or\n(iii) If the stress level is unknown or the pipeline is not constructed with\nsteel pipe, a pressure equal to or less than 125 psi (861 kPa) gage.\nBased on the information you provided, it appears that you have correctly classified the 1 0-inch\ndiameter portion of the Fourbear Gathering Pipeline System as a regulated low-stress Category 3\npipeline in accordance with§ 195.12(b )(3). With respect to the 6-inch and 8-inch portions of the\nsystem, if they continue to meet all other criteria for classification as unregulated gathering lines,\nthey can remain classified as unregulated gathering lines. 1 With respect to any line segment that\nhas a diameter change in between pumps, while you would have the option of treating the 6-inch\nand/or 8-inch portion of that segment as unregulated, we would note that\nmany requirements that would apply to the I 0-inch portion, such as cathodic protection, may\n1 Nothing in this interpretation letter is intended to express any views about any other representations or conclusions\nin the August 8, 2014, Hazardous Liquid Pipeline Applicability Study provided with your request.\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\nprotect the entire segment and many operators treat an entire line segment running between\npump stations as regulated for various purposes including mapping and incident reporting if any\nportion of the segment is regulated.\nIfwe can be offurther assistance, please contact Tewabe Asebe ofmy staff at 202-366-5523.\nDirector, Office of Standards\nand Rulemaking\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\nDelivered via USPS to PHMSA\nAugust 8, 2014\nOffice of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nDepartment of Transportation, PHP 30\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nAttn: Interpretations\nRe: Legacy Reserves Fourbear Gathering Pipeline System Interpretation Request\nDear Interpretations:\nLegacy Reserves, LP (Legacy) is requesting an official Interpretation on its Fourbear Gathering Pipeline\nSystem and the applicability of 49 CFR 195 to the hazardous liquid system located in Park County, WY.\nIncluded with this letter is an Applicability Study detailing system specifications and operations.\nThe Fourbear Gathering Pipeline System is unique in design, telescoping from 6 inch, to 8 inch, then 10\ninch pipe as it travels between pump stations. The system functions as a hazardous liquid gathering\nsystem from production fields in Park County, WY. The complexity of the system required evaluating\nthe 6 inch and 8 inch pipe segments as gathering and the 10 inch segments as transmission pipeline.\nThe Fourbear Gathering Pipeline System is a low stress system operating below 20% specified minimum\nyield strength (SMYS) and located in a rural area. Additionally, while the 6 inch and 8 inch segments of\nthe pipeline are within a quarter mile of an unusually sensitive area (USA), the 10 inch segments of the\npipeline system are not within a half mile of a USA. Therefore, Legacy concludes the 6 inch and 8 inch\nsegments oft he system are rural, non-regulated gathering and the 10 inch segments of the pipeline are\nCategory 3 low stress pipeline.\nBased on these conclusions, Legacy will implement programs to address the requirements for Category\n3 low stress pipelines in accordance with 49 CFR 195.\nIf, after reading the enclosed Applicability Study, PHMSA disagrees with Legacy's determination, please\ncontact me at 307-527-8981 or sbliss@legacylp.com.\nSincerely,\nScott Bliss\nLegacy Reserves, LP\nCc: Terry Larson, Western Region, PHMSA\n\n<<<PAGE 6>>>\n\nHazardous Liquid Pipeline\nApplicability Study\nFourbear Gathering Pipeline System\nPrepared for:\n1501 Stampede Ave., 3rd Floor, Suite 3170\nCody, WY 82414\nProject Number: LEGRES‐2014‐0194\nDate: August 8, 2014\n\n<<<PAGE 7>>>\n\nContents\n1 Introduction ............................................................................................................................. 1\n2 Asset Description ..................................................................................................................... 1\n3 Applicability Determination ..................................................................................................... 3\n3.1 49 CFR 195.1; General Applicability ............................................................................ 3\n3.1.1 3.1.2 6‐ and 8‐inch 10‐inch 49 CFR 195.11; Regulated Rural Gathering Applicability . 3\n49 CFR 195.12; Low‐Stress Rural Applicability .................................................... 4\n3.1.3 Breakout Tanks .................................................................................................... 5\n3.2 3.3 3.4 3.5 49 CFR 195.446; Control Room Management Applicability ........................................ 6\n49 CFR 195.452; Integrity Management Applicability ................................................ 6\n49 CFR 194; Onshore Response Plans Applicability .................................................... 6\nState Specific Regulation Applicability ........................................................................ 7\n4 Regulatory Requirements ........................................................................................................ 8\nAppendix A: 49 CFR 195 Applicability Questionnaire\nAppendix A1: 49 CFR 195.1 6‐ and 8‐inch Applicability Questionnaire\nAppendix A2: 49 CFR 195.1 10‐inch Applicability Questionnaire\nAppendix A3: 49 CFR 195.11 6‐ and 8‐inch Applicability Questionnaire for Gathering Pipelines\nAppendix A4: 49 CFR 195.12 10‐inch Applicability Questionnaire for Low Stress Pipelines\nAppendix B: Low Stress Documentation\nAppendix B1: Fitzsimmons Energy Letter\nAppendix C: Control Room Determination Documentation\nAppendix D: 49 CFR 194 Applicability Flowcharts\n\n<<<PAGE 8>>>\n\n1 Introduction\nConsistent with regulations codified in 49 CFR 195 and Legacy Reserves’ business practices, Legacy\nReserves performs an Applicability Study of the Pipeline and Hazardous Materials Safety\nAdministration’s (PHMSA) regulations, in order to comply with the applicable sections of the\nHazardous Liquid rule. In support of this effort, New Century Software (New Century) was\ncontracted by Legacy Reserves to assist with this Applicability Study.\nNew Century’s DOT Compliance Team performed an analysis on each subpart of the regulations\nlisted in 49 CFR 195 to determine the applicability of that subsection. Rural regulated gathering,\nlow stress pipeline categories, control room management and integrity management were\nevaluated for each segment of the pipeline. New Century also evaluated the Fourbear Gathering\nPipeline System for 49 CFR 194 applicability.\n2 Asset Description\nLegacy Reserves operates a telescoping 6, 8, and 10‐inch crude oil pipeline, constructed in 1958\nand located in Park County, WY. The 35 mile Fourbear Gathering Pipeline System consists of three\nmajor segments between the Fourbear, Gould, Dry Creek and Oregon Basin Stations. Each\nsegment telescopes through 6, 8 and 10‐inch pipeline, beginning with the 6 inch segments on the\ndischarge side of each station. Shown in Figure 1, Map of Legacy Reserves Fourbear Gathering\nSystem, is a map of the current asset.\n1\n\n<<<PAGE 9>>>\n\nFigure 1: Map of Legacy Reserves Fourbear Gathering System\nThe Fourbear Gathering Pipeline System is a jointly owned pipeline operated by Legacy Reserves.\nOwnership of the line includes Legacy Reserves, Marathon Oil Company (Marathon), PO&G\nResources and Breitburn Energy Partners LP (Breitburn). The Fourbear Gathering Pipeline System\ncollects oil produced from local production facilities and delivers the oil to custody transfer point\n2\n\n<<<PAGE 10>>>\n\nat Oregon Basin Station, where the oil enters a transmission/transportation system owned and\noperated by Marathon.\nDespite the 10‐inch segments of the Fourbear Gathering Pipeline System, the function of the\npipeline is as a gathering pipeline with tie‐ins from production operations occurring in a few\nlocations along the pipeline. Accordingly, flow rates increase further downstream on the pipeline.\nApproximately 600 barrels per day of oil are pumped from the Fourbear Station, an additional\n1200 barrels a day ties‐in at the Gould Station, and another 3,100 barrels a day feeds the line\nbetween Gould and Dry Creek Station, totaling an approximate 4,900 barrels per day at the\ncustody transfer point.\nThe oil is high in paraffin and maintains high viscosity values, which pose operational challenges\nto pumping it through a pipeline. Therefore, Legacy Reserves heats the oil at each pump station\nand injects up to 20 percent condensate at the Fourbear Station in order to bring viscosity values\ndown and to facilitate delivery from production operations and transportation to Marathon’s Red\nButte Pipeline.\n3 Applicability Determination\nNew Century SMEs analyzed each part of the following regulations in order to determine the\napplicability of the regulation to Legacy Reserves’ asset.\n3.1 49 CFR 195.1; General Applicability\nThe specific applicability requirements associated with part 49 CFR 195.1 are listed in Appendix\nA, 49 CFR 195 Applicability Questionnaire. This spreadsheet provides a logic flow of questions,\nanswered by the project team which determines the applicability of parts 49 CFR 195.1(a) and\nidentifies any exceptions listed in 49 CFR 195.1(b).\nWhen evaluated against 49 CFR 195.1(a) and 49 CFR 195.1(b), New Century concluded the\nFourbear Gathering Pipeline System required additional evaluation under 49 CFR 195.11 and 49\nCFR 195.12. Specifically, entire system serves as a rural gathering system, and the 6‐ and 8‐inch\nsegments required evaluation under 49 CFR 195.11 to determine regulated status. As provided\nin Section 3.1.1, 49 CFR 195.11; Regulated Rural Gathering Applicability, the 6‐ and 8‐inch\nsegments are considered rural non‐regulated gathering and therefore are not subject to the\nrequirements of 49 CFR 195.\nThe 10” segments, while serving as rural gathering pipelines, do not meet the diameter restriction\nfor a defined gathering line. These segments were identified as jurisdictional to 49 CFR 195.1 and\nwere further evaluated for classification as rural low stress pipelines.\n10‐inch\n3.1.1 6‐ and 8‐inch 10‐inch 49 CFR 195.11; Regulated Rural Gathering Applicability\nThe applicability determination factors for regulated rural gathering lines are listed in 49 CFR\n195.11. Appendix A, 49 CFR 195 Applicability Questionnaire, provides a logic flow of questions,\n3\n\n<<<PAGE 11>>>\n\nanswered by the project team which determines if the pipeline is considered to be a regulated\nrural gathering line, in accordance with the regulations codified in 49 CFR 195.11.\nThe 6‐ and 8‐inch 6‐ and 8‐inch segments of the pipeline are within one‐quarter mile of an\nunusually sensitive area (USA), as shown in, Figure 2, Gathering Line ¼ Mile USA Evaluation.\nHowever, the entire pipeline, including the 6‐ and 8‐inch segments, is located in a rural area and\noperates below 20% specified minimum yield strength (SMYS), as demonstrated in Appendix B,\nLow Stress Documentation. Therefore, the 6‐ and 8‐inch segments do not meet the definition of\nregulated rural gathering line under 49 CFR 195.11, and are not subject to requirements of 49 CFR\n195.\nFigure 2: Gathering Line ¼ Mile USA Evaluation\n3.1.2 49 CFR 195.12; Low‐Stress Rural Applicability\nThe applicability determination factors for rural, low‐stress pipelines are listed in 49 CFR 195.12.\nAppendix A, 49 CFR 195 Applicability Questionnaire, provides a logic flow of questions, answered\nby the project team which determines if the pipeline is considered to be a rural, low‐stress\npipeline, and its corresponding category, per the regulations.\nThe 10‐inch segments of the pipeline are not within a half mile of an USA and the entire pipeline\nincluding the 10‐inch segments is located in a rural area and operates below 20% SMYS, Figure 3,\n4\n\n<<<PAGE 12>>>\n\nLow Stress Pipeline ½ Mile HCA Evaluation and Appendix B, Low Stress Documentation. Thus, New\nCentury classifies the 10‐inch segments of the pipeline to be Category 3, low stress rural pipeline.\nFigure 3: Low Stress Pipeline ½ Mile HCA Evaluation\n3.1.3 Breakout Tanks\nIn addition to evaluating line pipe for applicability, New Century also evaluated stations and tanks\nalong the Fourbear Gathering Pipeline System to determine jurisdictional status. The definition\nof a breakout tank is, “a tank used to (a) relieve surges in a hazardous liquid pipeline system or\n(b) receive and store hazardous liquid transported by a pipeline for reinjection and continued\ntransportation by pipeline.” The Fourbear Gathering Pipeline System includes four pump stations\nwith tanks, Fourbear Station, Gould Station, Dry Creek Station, and Oregon Basin Station. At the\ninlet of each station, the line enters a manifold capable of diverting the product to a tank or\nreceiving product from the tank. The valves at the manifold are considered the delineation points\nbetween line pipe and station piping. Downstream of the inlet manifold, line heaters followed by\nshipping pumps prepare the product for continued transportation by pipeline. Valves at the\noutlet of the pumps are considered the delineation between end of station piping and beginning\nof line pipe.\nWhile the tanks located at each of the stations appear to meet the definition of breakout tanks\nby receiving product from line pipe for continued transportation by line pipe, New Century has\n5\n\n<<<PAGE 13>>>\n\nconcluded that the jurisdictional status of the incoming and outgoing pipelines affects the\njurisdiction status of the stations and associated tankage. Due to the system design and the\ndetermination that only the 10‐inch segments of the gathering system are jurisdictional under 49\nCFR 195, New Century has concluded that the stations and tanks are not jurisdictional to 49 CFR\n195, as they discharge into non‐regulated rural pipelines.\n3.2 49 CFR 195.446; Control Room Management Applicability\nFollowing applicability determination and identifying portions of the Fourbear Gathering Pipeline\nSystem that are regulated under 49 CFR 195.12, New Century evaluated the Fourbear Gathering\nPipeline System to determine if the pipeline system is subject to the control room regulations\ncodified in 49 CFR 195.446.\nBased on the applicability determination presented in Appendix C, Control Room Determination\nDocumentation, which documents the lack of a SCADA system, New Century has concluded that\nLegacy does not operate a regulated control room for the Fourbear Gathering Pipeline System.\n3.3 49 CFR 195.452; Integrity Management Applicability\nNew Century evaluated the Fourbear Gathering Pipeline System to determine if the pipeline\nsystem is subject to 49 CFR 195.452, the integrity management requirements. Given that New\nCentury has determined the 6‐ and 8‐inch segments are non‐regulated rural gathering, those\nsegments are not subject to the integrity management portion of the regulation. Additionally,\nNew Century’s determination the 10‐inch segments of the pipeline are Category 3 low stress\npipeline, those segments are not subject to 49 CFR 195.452. Therefore, the Integrity Management\nrequirements do not apply to the Fourbear Gathering Pipeline System.\n3.4 49 CFR 194; Onshore Response Plans Applicability\nNew Century performed an applicability study to determine if the Fourbear Gathering Pipeline\nSystem could reasonably be expected to cause substantial harm, or significant and substantial\nharm to the environment by releasing into navigable waters as defined in 49 CFR 194.\nAsset input data was based on the Fourbear Gathering Pipeline System description in Section 2\nand shown in Figure 1, Map of Legacy Reserve’s Fourbear Gathering System is a map of the current\nasset.\nNational Pipeline Mapping System (NPMS) receptors intended for pipeline integrity management\nwere used, focusing on Drinking Water sources.\nThe specific applicability requirements associated with part 49 CFR 194 are listed in Appendix D,\n49 CFR 194 Applicability Flowcharts. These flowcharts provide a logic flow of questions, answered\nby the project team which determines the applicability of 49 CFR 194.101(a), identifies any\nexceptions listed in 49 CFR 194.101(b), and determines if a pipeline discharge could cause\nsubstantial harm or significant and substantial harm as discussed in 49 CFR 194.103. New Century\nSMEs analyzed the regulations in order to determine the applicability of the regulation to Legacy\nReserve’s asset.\n6\n\n<<<PAGE 14>>>\n\nIn accordance with the applicability statement in 49 CFR 194.3, “This part applies to an operator\nof an onshore oil pipeline that, because of its location, could reasonably be expected to cause\nsubstantial harm, or significant and substantial harm to the environment by discharging oil into\nor on any navigable waters of the United States or adjoining shorelines,” New Century performed\na buffering analysis to determine potential impacts. The results shown in Figure 4, Significant and\nSubstantial Harm Proximity Map indicate a drinking water source within 5 miles of the Fourbear\nGathering Pipeline System meeting the significant and substantial harm definition. Additionally,\ndrainages in the area indicate the gathering system has the potential to cause substantial harm\nto the Middle Grey Bull Watershed. As a result, New Century has determined 49 CFR 194 is\napplicable to the Fourbear Gathering Pipeline System.\nFigure 4: Release Modeling Map\n3.5 State Specific Regulation Applicability\nLegacy Reserves’ pipeline operates in Park County in the state of Wyoming. The state of Wyoming\ndoes not regulate hazardous liquid pipeline under 49 CFR 195, only gas pipeline. Therefore,\njurisdiction for 49 CFR 195 remains at the Federal level with the Pipeline and Hazardous Materials\nSafety Administration (PHMSA).\n7\n\n<<<PAGE 15>>>\n\n4 Regulatory Requirements\nBased on the information and data provided during the course of this project, the 6‐ and 8‐inch\nsegments of pipeline were determined to be non‐regulated rural gathering and the 10 segments\nof pipeline were determined to be Category 3 low stress pipeline. As of the date of this study,\nbased on the applicability determination identified in section 3, the regulations require the\nfollowing activities/programs. Should any new information become available that could alter the\nconclusions contained in this study, New Century recommends that Legacy Reserves reevaluate\nthe Fourbear Gathering Pipeline System to identify any changes in regulatory applicability:\n Subpart A; General\no This subsection encompasses the safety standards and reporting requirements\nfor pipeline facilities used in the transportation of hazardous liquids or carbon\ndioxide. Part A identifies which pipelines are covered, definitions and\nincorporations by reference, non‐steel pipelines, unusually sensitive areas\n(USAs), rural gathering, and low stress.\n Subpart B; Annual, Accident, and Safety‐Related Condition Reporting\no This subsection prescribes requirements for periodic reporting as well as\nreporting of accidents and safety‐related conditions. Includes annual reports,\naccident reports, safety‐related condition reports, abandonment/deactivation\nreports, and agency contact information.\n Subpart C; Design Requirements\no This subsection identifies the minimum design standards that steel pipeline\nsystems must meet as well as design requirements associated with relocating,\nreplacing, or changing existing systems.\n Subpart D; Construction\no This subsection identifies the minimum construction requirements that steel pipe\nsystems must meet as well as construction requirements associated with\nrelocating, replacing, or changing existing systems.\n Subpart E; Pressure Testing\no This subsection delineates the conditions under which an operator must pressure\ntest pipelines, risk‐based alternatives to pressure testing, and minimum\nstandards associated with performing pressure tests.\n Subpart F; Operation and Maintenance\no This subsection governs the operations and maintenance of the pipeline. Includes\nactivities such as normal, abnormal, and emergency operation of the pipeline.\nGeneral maintenance and inspection activities, security requirements, public\nawareness, damage prevention, leak detection, control room management, and\nintegrity management.\no As previously determined regulations pertaining to control room management\nand integrity management do not apply to this pipeline system.\n8\n\n<<<PAGE 16>>>\n\n Subpart G; Qualification of Pipeline Personnel\no This subsection governs the minimum requirements of qualification individuals\nperforming covered tasks on the pipeline must meet. It also mandates how the\nqualification program must function, and what records must be kept.\n Subpart H; Corrosion Control\no This subsection provides minimum requirements for protecting steel pipeline\nagainst corrosion. It provides guidance on the design, installation, inspection,\nmaintenance, and remediation of corrosion prevention technology.\n9\n\n<<<PAGE 17>>>\n\nAppendix A: 49 CFR 195 Applicability Questionnaire\nAppendix A1: 49 CFR 195.1 6‐ and 8‐inch Applicability Questionnaire\nAppendix A2: 49 CFR 195.1 10‐inch Applicability Questionnaire\nAppendix A3: 49 CFR 195.11 6‐ and 8‐inch Applicability Questionnaire for Gathering Pipelines\nAppendix A4: 49 CFR 195.12 10‐inch Applicability Questionnaire for Low Stress Pipelines\n\n<<<PAGE 18>>>\n\nAppendix A1: 49 CFR 195.1 6- and 8-inch Applicability\nQuestionnaire\n\n<<<PAGE 19>>>\n\nOperator: Legacy Reserves\nPipeline ID: Fourbear Gathering System (10\" segments only)\nDate: August 8, 2014\n49 CFR 195.1 - Applicability Questionnaire\nRegulation Question Answer Comments\nThis column is the actual language codified in 49 CFR 195.1 - this section is simply\nfor reference This column translates the regulatory language into easily answerable questions\nThis section contains drop down\nmenus that offer Yes/No answers to\nthe questions on the left.\nThis column includes miscellaneous\nitems of note.\n49 CFR 195.1(a) - COVERED\n(a) Covered. Except for the pipelines listed in paragraph (b) of this Section this Part\napplies to\nPipeline facilities Is the asset a pipeline facility? Yes\nAnd the transportation of hazardous liquids Does the pipeline transport hazardous liquids? Yes Crude Oil\nOr carbon dioxide Does the pipeline transport Carbon Dioxide? No\nNo\nAssociated with those facilities in or affecting interstate or foreign commerce, Does the pipeline affect interstate or foreign commerce?\nIncluding pipeline facilities on the Outer Continental Shelf (OCS). Is the pipeline facility on the Outer Continental Shelf (OCS)? No\nCovered pipelines include, but are not limited to:\n(1) Any pipeline that transports a highly volatile liquid; Does the pipeline transport a Highly Volatile Liquid (HVL)? No\n(2) Any pipeline segment that crosses a waterway currently used for\ncommercial navigation; Does the pipeline segment cross a waterway currently used for commercial navigation? No\n(3) Except for a gathering line not covered by paragraph (a)(4) of this\nSection, any pipeline located in a rural or non-rural area of any diameter\nregardless of operating pressure;\nExcept for a gathering line not covered by paragraph (a)(4) (the next question) of this Section, is\nthe pipeline located in a rural or non-rural area, of any diameter, regardless of operating\npressure?\nNo Pipeline is a gathering line; applicability\nto 195.11 demonstrates non-regulated\nrural gathering.\n(4) Any of the following onshore gathering lines used for transportation of\npetroleum: Are any of the following onshore gathering lines used for transportation of petroleum? No\n(i) A pipeline located in a non-rural area; A pipeline located in a non-rural area No\n(ii) A regulated rural gathering line as provided in §195.11; or A regulated rural gathering line, as provided in 195.11 No Pipeline is a gathering line; applicability\nto 195.11 demonstrates non-regulated\nrural gathering.\n(iii) A pipeline located in an inlet of the Gulf of Mexico as provided\nin §195.413. A pipeline located in an inlet of the gulf of Mexico, as provided in 195.413 No\nDETERMINATION:\nRegulated Under 195.1(a)\n49 CFR 195.1(b) - EXCEPTED\nThis section identifies exceptions to the regulations codified in 49 CFR 195.1\n(b) Excepted. This Part does not apply to any of the following:\n(1) Transportation of a hazardous liquid transported in a gaseous state; Does the pipeline transport hazardous liquid in a gaseous state? No\n(2) Transportation of a hazardous liquid through a pipeline by gravity; Does the pipeline transport hazardous liquid by gravity? No\n(3) Transportation of a hazardous liquid through any of the following low-\nstress pipelines:\n(i) A pipeline subject to safety regulations of the U.S. Coast Guard;\nor\nIs the pipeline subject to safety regulations of the U.S. Coast Guard? No\n(ii) A pipeline that serves refining, manufacturing, or truck, rail, or\nvessel terminal facilities, if the pipeline is less than one mile long\n(measured outside facility grounds) and does not cross an offshore\narea or a waterway currently used for commercial navigation;\nIf the pipeline is less than one (1) mile long (measured outside facility grounds) and does not cross\nan offshore area or waterway currently used for commercial navigation, does the pipeline serve\nrefining, manufacturing, or truck, rail, or vessel terminal facilities?\nNo\n(4) Transportation of petroleum through an onshore rural gathering line\nthat does not meet the definition of a “regulated rural gathering line” as\nprovided in §195.11. This exception does not apply to gathering lines in the\ninlets of the Gulf of Mexico subject to §195.413;\nDoes the pipeline transport petroleum through an onshore rural gathering line that does not meet\nthe definition of a \"regulated rural gathering line\" as provided in 195.11?\nNOTE: This exception does not apply to gathering lines in the inlets of the Gulf of Mexico, subject\nto 195.413\nYes Pipeline is a gathering line; applicability\nto 195.11 demonstrates non-regulated\nrural gathering.\n(5) Transportation of hazardous liquid or carbon dioxide in an offshore\npipeline in state waters where the pipeline is located upstream from the\noutlet flange of the following farthest downstream facility: The facility\nwhere hydrocarbons or carbon dioxide are produced or the facility where\nproduced hydrocarbons or carbon dioxide are first separated, dehydrated,\nor otherwise processed;\nDoes the pipeline transport hazardous liquid or carbon dioxide in an offshore pipeline in state\nwaters where the pipeline is located upstream from the outlet flange of the following farthest\ndownstream facility:\n1. The facility where hydrocarbons or carbon dioxide are produced?\n2. The facility where produced hydrocarbons or carbon dioxide are first separated, dehydrated, or\notherwise processed?\nNo\n(6) Transportation of hazardous liquid or carbon dioxide in a pipeline on\nthe OCS where the pipeline is located upstream of the point at which\noperating responsibility transfers from a producing operator to a\ntransporting operator;\nDoes the pipeline transport hazardous liquid or carbon dioxide in a pipeline on the Outer\nContinental Shelf (OCS) where the pipeline is located upstream of the point at which operating\nresponsibility transfers from a producing operator to a transporting operator?\nNo\n(7) A pipeline segment upstream (generally seaward) of the last valve on\nthe last production facility on the OCS where a pipeline on the OCS is\nproducer-operated and crosses into state waters without first connecting\nto a transporting operator's facility on the OCS. Safety equipment\nprotecting PHMSA-regulated pipeline segments is not excluded. A\nproducing operator of a segment falling within this exception may petition\nthe Administrator, under §190.9 of this chapter, for approval to operate\nunder PHMSA regulations governing pipeline design, construction,\noperation, and maintenance;\nIs the pipeline segment upstream (generally seaward) of the last valve on the last production\nfacility on the Outer Continental Shelf (OCS) where a pipeline on the OCS is producer-operated\nand crosses into state waters without first connecting to a transporting operator's facility on the\nOCS?\nNOTE: Safety equipment protecting PHMSA-regulated pipeline segments is not excluded\nNOTE: A producing operator of a segment falling within this exception may petition the\nAdministrator, under 190.9 of this chapter, for approval to operate under PHMSA regulations\ngoverning pipeline design, construction, operation, and maintenance\nNo\n(8) Transportation of hazardous liquid or carbon dioxide through onshore\nproduction (including flow lines), refining, or manufacturing facilities or\nstorage or in-plant piping systems associated with such facilities;\nDoes the pipeline transport hazardous liquids or carbon dioxide through onshore production\n(including flow lines), refining, or manufacturing facilities or storage or in-plant piping systems\nassociated with such facilities?\nYes\n(9) Transportation of hazardous liquid or carbon dioxide:\n(i) By vessel, aircraft, tank truck, tank car, or other non-pipeline\nmode of transportation; or\nIs the hazardous liquid or carbon dioxide transported by vessel, aircraft, tank truck, tank car, or\nother non-pipeline mode of transportation\nNo\n(ii) Through facilities located on the grounds of a materials\ntransportation terminal if the facilities are used exclusively to\ntransfer hazardous liquid or carbon dioxide between non-pipeline\nmodes of transportation or between a non-pipeline mode and a\npipeline. These facilities do not include any device and associated\npiping that are necessary to control pressure in the pipeline under\n§195.406(b); or\nIs the hazardous liquid or carbon dioxide transported through facilities located on the grounds of a\nmaterials transportation terminal and these facilities are exclusively used to transfer hazardous\nliquid or carbon dioxide between non-pipe modes of transportation or between a non-pipeline\nmode and a pipeline?\nNOTE: These facilities do not include any device and associated piping that are necessary to\ncontrol pressure in the pipeline under 195.406(b)\nNo\n(10) Transportation of carbon dioxide downstream from the applicable\nfollowing point:\n(i) The inlet of a compressor used in the injection of carbon dioxide\nfor oil recovery operations, or the point where recycled carbon\ndioxide enters the injection system, whichever is farther upstream;\nor\nDoes the pipeline transport carbon dioxide downstream from the inlet of a compressor used in\nthe injection of carbon dioxide for oil recovery operations or the point where recycled carbon\ndioxide enters the injection system (whichever is further upstream)?\nNo\n(ii) The connection of the first branch pipeline in the production\nfield where the pipeline transports carbon dioxide to an injection\nwell or to a header or manifold from which a pipeline branches to\nan injection well.\nDoes the pipeline transport carbon dioxide downstream from the connection of the first branch\npipeline in the production field where the pipeline transports carbon dioxide to an injection well\nor to a header or manifold from which a pipeline branches to an injection well?\nNo\nDETERMINATION: Excepted Under 195.1(b)\n49 CFR 195.1(c) - BREAKOUT TANKS\n(c) Breakout tanks. Breakout tanks subject to this Part must comply with\nrequirements that apply specifically to breakout tanks and, to the extent\napplicable, with requirements that apply to pipeline systems and pipeline facilities.\nIf a conflict exists between a requirement that applies specifically to breakout\ntanks and a requirement that applies to pipeline systems or pipeline facilities, the\nrequirement that applies specifically to breakout tanks prevails. Anhydrous\nammonia breakout tanks need not comply with §§195.132(b), 195.205(b),\n195.242(c) and (d), 195.264(b) and (e), 195.307, 195.428(c) and (d), and 195.432(b)\nand (c).\nA tank with 49 CFR 195 regulated pipeline on inlet and outlet that is used to (a) relieve surges in a\nhazardous liquid pipeline system or (b) receive and store hazardous liquid transported by a\npipeline for reinjection and continued transportation by pipeline.\nNo\nDETERMINATION: Not Regulated\n\n<<<PAGE 20>>>\n\nAppendix A2: 49 CFR 195.1 10-inch Applicability Questionnaire\n\n<<<PAGE 21>>>\n\nOperator: Legacy Reserves\nPipeline ID: Fourbear Gathering System (10\" segments only)\nDate: August 8, 2014\n49 CFR 195.1 - Applicability Questionnaire\nRegulation Question Answer Comments\nThis column is the actual language codified in 49 CFR 195.1 - this section is simply for\nreference This column translates the regulatory language into easily answerable questions\nThis section contains drop down menus\nthat offer Yes/No answers to the\nquestions on the left.\nThis column includes\nmiscellaneous items of note.\n49 CFR 195.1(a) - COVERED\n(a) Covered. Except for ","truncated":true,"body_characters":73542}