# Legacy Reserves Operating LP — Pipeline Safety Interpretation - **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:** Not available - **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:** <<>> U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 MAY - 6 2015 Mr. Scott Bliss Legacy Reserves Operating LP P.O. Box 2850 Cody, WY 82414 Dear Mr. Bliss: In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated August 8, 2014, you requested an interpretation on your Fourbear Gathering Pipeline System located in Park County, Wyoming and the applicability of 49 CFR Part 195 to this pipeline system. The system transports crude oil from production fields in Park County to the Oregon Basin Station where it enters a pipeline system operated by Marathon. You provided an Applicability Study detailing system specifications and operations. You described the Fourbear Gathering Pipeline System as a low-stress system operating below 20 percent specified minimum yield strength (SMYS) and located in a rural area. You stated that the Fourbear Gathering Pipeline System is unique in design-telescoping from 6-inch to 8-inch, then 1 0-inch pipe as it travels between pumps. In addition, while the 6-inch and 8-inch segments of the pipeline are within a quarter mile of an unusually sensitive area (USA), the 1 0-inch segments of the pipeline system are not within a half mile of a USA. Therefore, you believe that the 6-inch and 8-inch segments of the system are rural, non-regulated gathering and the 10-inch segments ofthe pipeline are Category 3 low-stress pipeline. Section 195.1 (b)( 4) states: § 195.1 Which pipelines are covered by this Part? (b) Excepted. This Part does not apply to any ofthe following: (4) Transportation of petroleum through an onshore rural gathering line that does not meet the definition of a "regulated rural gathering line" as provided in§ 195.11. This exception does not apply to gathering lines in the inlets of the Gulf of Mexico subject to§ 195.413; The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations ( 49 CFR Parts l 90- l 99) in the form of interpretat~n letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations. <<>> 2 Section 195.1l(a) states: § 195.11 What is a regulated rural gathering line and what requirements apply? Each operator of a regulated rural gathering line, as defined in paragraph (a) ofthis section, must comply with the safety requirements described in paragraph (b) of this section. (a) Definition. As used in this section, a regulated rural gathering line means an onshore gathering line in a rural area that meets all of the following criteria- (1) Has a nominal diameter from 6% inches (168 mm) to 8% inches (219.1 mm); (2) Is located in or within one-quarter mile (.40 km) of an unusually sensitive area as defined in§ 195.6; and (3) Operates at a maximum pressure established under § 195.406 corresponding to- (i) A stress level greater than 20-percent of the specified minimum yield strength of the line pipe; or (ii) If the stress level is unknown or the pipeline is not constructed with steel pipe, a pressure ofmore than 125 psi (861 kPa) gage. Also, for low stress pipelines § 195.12 states: § 195.12 What requirements apply to low-stress pipelines in rural areas? (a) General. This Section sets forth the requirements for each category of low-stress pipeline in a rural area set forth in paragraph (b) of this Section. This Section does not apply to a rural low-stress pipeline regulated under this Part as a low-stress pipeline that crosses a waterway currently used for commercial navigation; these pipelines are regulated pursuant to § 195.1(a)(2). (b) Categories. An operator of a rural low-stress pipeline must meet the applicable requirements and compliance deadlines for the category of pipeline set forth in paragraph (c) of this Section. For purposes of this Section, a rural low-stress pipeline is a Category 1, 2, or 3 pipeline based on the following criteria: (1) A Category 1 rural low-stress pipeline: (i) Has a nominal diameter of 8% inches (219 .1 mm) or more; (ii) Is located in or within one-half mile (.80 km) of an unusually sensitive area (USA) as defined in § 195.6; and (iii) Operates at a maximum pressure established under§ 195.406 corresponding to: The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations ( 49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations. <<>> 3 (A) A stress level equal to or less than 20-percent of the specified minimum yield strength of the line pipe; or (B) Ifthe stress level is unknown or the pipeline is not constructed with steel pipe, a pressure equal to or less than 125 psi (861 kPa) gauge. (2) A Category 2 rural pipeline: (i) Has a nominal diameter of less than 8% inches (219.1mm); (ii) Is located in or within one-half mile (.80 km) of an unusually sensitive area (USA) as defined in§ 195.6; and (iii) Operates at a maximum pressure established under§ 195.406 corresponding to: (A) A stress level equal to or less than 20-percent of the specified minimum yield strength of the line pipe; or (B) If the stress level is unknown or the pipeline is not constructed with steel pipe, a pressure equal to or less than 125 psi (861 kPa) gage. (3) A Category 3 rural low-stress pipeline: (i) Has a nominal diameter of any size and is not located in or within one- half mile (.80 km) of an unusually sensitive area (USA) as defined in § 195.6; and (ii) Operates at a maximum pressure established under§ 195.406 corresponding to a stress level equal to or less than 20-percent of the specified minimum yield strength of the line pipe; or (iii) If the stress level is unknown or the pipeline is not constructed with steel pipe, a pressure equal to or less than 125 psi (861 kPa) gage. Based on the information you provided, it appears that you have correctly classified the 1 0-inch diameter portion of the Fourbear Gathering Pipeline System as a regulated low-stress Category 3 pipeline in accordance with§ 195.12(b )(3). With respect to the 6-inch and 8-inch portions of the system, if they continue to meet all other criteria for classification as unregulated gathering lines, they can remain classified as unregulated gathering lines. 1 With respect to any line segment that has a diameter change in between pumps, while you would have the option of treating the 6-inch and/or 8-inch portion of that segment as unregulated, we would note that many requirements that would apply to the I 0-inch portion, such as cathodic protection, may 1 Nothing in this interpretation letter is intended to express any views about any other representations or conclusions in the August 8, 2014, Hazardous Liquid Pipeline Applicability Study provided with your request. The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations ( 49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations. <<>> 4 protect the entire segment and many operators treat an entire line segment running between pump stations as regulated for various purposes including mapping and incident reporting if any portion of the segment is regulated. Ifwe can be offurther assistance, please contact Tewabe Asebe ofmy staff at 202-366-5523. Director, Office of Standards and Rulemaking The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations ( 49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations. <<>> Delivered via USPS to PHMSA August 8, 2014 Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration (PHMSA) Department of Transportation, PHP 30 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Attn: Interpretations Re: Legacy Reserves Fourbear Gathering Pipeline System Interpretation Request Dear Interpretations: Legacy Reserves, LP (Legacy) is requesting an official Interpretation on its Fourbear Gathering Pipeline System and the applicability of 49 CFR 195 to the hazardous liquid system located in Park County, WY. Included with this letter is an Applicability Study detailing system specifications and operations. The Fourbear Gathering Pipeline System is unique in design, telescoping from 6 inch, to 8 inch, then 10 inch pipe as it travels between pump stations. The system functions as a hazardous liquid gathering system from production fields in Park County, WY. The complexity of the system required evaluating the 6 inch and 8 inch pipe segments as gathering and the 10 inch segments as transmission pipeline. The Fourbear Gathering Pipeline System is a low stress system operating below 20% specified minimum yield strength (SMYS) and located in a rural area. Additionally, while the 6 inch and 8 inch segments of the pipeline are within a quarter mile of an unusually sensitive area (USA), the 10 inch segments of the pipeline system are not within a half mile of a USA. Therefore, Legacy concludes the 6 inch and 8 inch segments oft he system are rural, non-regulated gathering and the 10 inch segments of the pipeline are Category 3 low stress pipeline. Based on these conclusions, Legacy will implement programs to address the requirements for Category 3 low stress pipelines in accordance with 49 CFR 195. If, after reading the enclosed Applicability Study, PHMSA disagrees with Legacy's determination, please contact me at 307-527-8981 or sbliss@legacylp.com. Sincerely, Scott Bliss Legacy Reserves, LP Cc: Terry Larson, Western Region, PHMSA <<>> Hazardous Liquid Pipeline Applicability Study Fourbear Gathering Pipeline System Prepared for: 1501 Stampede Ave., 3rd Floor, Suite 3170 Cody, WY 82414 Project Number: LEGRES‐2014‐0194 Date: August 8, 2014 <<>> Contents 1 Introduction ............................................................................................................................. 1 2 Asset Description ..................................................................................................................... 1 3 Applicability Determination ..................................................................................................... 3 3.1 49 CFR 195.1; General Applicability ............................................................................ 3 3.1.1 3.1.2 6‐ and 8‐inch 10‐inch 49 CFR 195.11; Regulated Rural Gathering Applicability . 3 49 CFR 195.12; Low‐Stress Rural Applicability .................................................... 4 3.1.3 Breakout Tanks .................................................................................................... 5 3.2 3.3 3.4 3.5 49 CFR 195.446; Control Room Management Applicability ........................................ 6 49 CFR 195.452; Integrity Management Applicability ................................................ 6 49 CFR 194; Onshore Response Plans Applicability .................................................... 6 State Specific Regulation Applicability ........................................................................ 7 4 Regulatory Requirements ........................................................................................................ 8 Appendix A: 49 CFR 195 Applicability Questionnaire Appendix A1: 49 CFR 195.1 6‐ and 8‐inch Applicability Questionnaire Appendix A2: 49 CFR 195.1 10‐inch Applicability Questionnaire Appendix A3: 49 CFR 195.11 6‐ and 8‐inch Applicability Questionnaire for Gathering Pipelines Appendix A4: 49 CFR 195.12 10‐inch Applicability Questionnaire for Low Stress Pipelines Appendix B: Low Stress Documentation Appendix B1: Fitzsimmons Energy Letter Appendix C: Control Room Determination Documentation Appendix D: 49 CFR 194 Applicability Flowcharts <<>> 1 Introduction Consistent with regulations codified in 49 CFR 195 and Legacy Reserves’ business practices, Legacy Reserves performs an Applicability Study of the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) regulations, in order to comply with the applicable sections of the Hazardous Liquid rule. In support of this effort, New Century Software (New Century) was contracted by Legacy Reserves to assist with this Applicability Study. New Century’s DOT Compliance Team performed an analysis on each subpart of the regulations listed in 49 CFR 195 to determine the applicability of that subsection. Rural regulated gathering, low stress pipeline categories, control room management and integrity management were evaluated for each segment of the pipeline. New Century also evaluated the Fourbear Gathering Pipeline System for 49 CFR 194 applicability. 2 Asset Description Legacy Reserves operates a telescoping 6, 8, and 10‐inch crude oil pipeline, constructed in 1958 and located in Park County, WY. The 35 mile Fourbear Gathering Pipeline System consists of three major segments between the Fourbear, Gould, Dry Creek and Oregon Basin Stations. Each segment telescopes through 6, 8 and 10‐inch pipeline, beginning with the 6 inch segments on the discharge side of each station. Shown in Figure 1, Map of Legacy Reserves Fourbear Gathering System, is a map of the current asset. 1 <<>> Figure 1: Map of Legacy Reserves Fourbear Gathering System The Fourbear Gathering Pipeline System is a jointly owned pipeline operated by Legacy Reserves. Ownership of the line includes Legacy Reserves, Marathon Oil Company (Marathon), PO&G Resources and Breitburn Energy Partners LP (Breitburn). The Fourbear Gathering Pipeline System collects oil produced from local production facilities and delivers the oil to custody transfer point 2 <<>> at Oregon Basin Station, where the oil enters a transmission/transportation system owned and operated by Marathon. Despite the 10‐inch segments of the Fourbear Gathering Pipeline System, the function of the pipeline is as a gathering pipeline with tie‐ins from production operations occurring in a few locations along the pipeline. Accordingly, flow rates increase further downstream on the pipeline. Approximately 600 barrels per day of oil are pumped from the Fourbear Station, an additional 1200 barrels a day ties‐in at the Gould Station, and another 3,100 barrels a day feeds the line between Gould and Dry Creek Station, totaling an approximate 4,900 barrels per day at the custody transfer point. The oil is high in paraffin and maintains high viscosity values, which pose operational challenges to pumping it through a pipeline. Therefore, Legacy Reserves heats the oil at each pump station and injects up to 20 percent condensate at the Fourbear Station in order to bring viscosity values down and to facilitate delivery from production operations and transportation to Marathon’s Red Butte Pipeline. 3 Applicability Determination New Century SMEs analyzed each part of the following regulations in order to determine the applicability of the regulation to Legacy Reserves’ asset. 3.1 49 CFR 195.1; General Applicability The specific applicability requirements associated with part 49 CFR 195.1 are listed in Appendix A, 49 CFR 195 Applicability Questionnaire. This spreadsheet provides a logic flow of questions, answered by the project team which determines the applicability of parts 49 CFR 195.1(a) and identifies any exceptions listed in 49 CFR 195.1(b). When evaluated against 49 CFR 195.1(a) and 49 CFR 195.1(b), New Century concluded the Fourbear Gathering Pipeline System required additional evaluation under 49 CFR 195.11 and 49 CFR 195.12. Specifically, entire system serves as a rural gathering system, and the 6‐ and 8‐inch segments required evaluation under 49 CFR 195.11 to determine regulated status. As provided in Section 3.1.1, 49 CFR 195.11; Regulated Rural Gathering Applicability, the 6‐ and 8‐inch segments are considered rural non‐regulated gathering and therefore are not subject to the requirements of 49 CFR 195. The 10” segments, while serving as rural gathering pipelines, do not meet the diameter restriction for a defined gathering line. These segments were identified as jurisdictional to 49 CFR 195.1 and were further evaluated for classification as rural low stress pipelines. 10‐inch 3.1.1 6‐ and 8‐inch 10‐inch 49 CFR 195.11; Regulated Rural Gathering Applicability The applicability determination factors for regulated rural gathering lines are listed in 49 CFR 195.11. Appendix A, 49 CFR 195 Applicability Questionnaire, provides a logic flow of questions, 3 <<>> answered by the project team which determines if the pipeline is considered to be a regulated rural gathering line, in accordance with the regulations codified in 49 CFR 195.11. The 6‐ and 8‐inch 6‐ and 8‐inch segments of the pipeline are within one‐quarter mile of an unusually sensitive area (USA), as shown in, Figure 2, Gathering Line ¼ Mile USA Evaluation. However, the entire pipeline, including the 6‐ and 8‐inch segments, is located in a rural area and operates below 20% specified minimum yield strength (SMYS), as demonstrated in Appendix B, Low Stress Documentation. Therefore, the 6‐ and 8‐inch segments do not meet the definition of regulated rural gathering line under 49 CFR 195.11, and are not subject to requirements of 49 CFR 195. Figure 2: Gathering Line ¼ Mile USA Evaluation 3.1.2 49 CFR 195.12; Low‐Stress Rural Applicability The applicability determination factors for rural, low‐stress pipelines are listed in 49 CFR 195.12. Appendix A, 49 CFR 195 Applicability Questionnaire, provides a logic flow of questions, answered by the project team which determines if the pipeline is considered to be a rural, low‐stress pipeline, and its corresponding category, per the regulations. The 10‐inch segments of the pipeline are not within a half mile of an USA and the entire pipeline including the 10‐inch segments is located in a rural area and operates below 20% SMYS, Figure 3, 4 <<>> Low Stress Pipeline ½ Mile HCA Evaluation and Appendix B, Low Stress Documentation. Thus, New Century classifies the 10‐inch segments of the pipeline to be Category 3, low stress rural pipeline. Figure 3: Low Stress Pipeline ½ Mile HCA Evaluation 3.1.3 Breakout Tanks In addition to evaluating line pipe for applicability, New Century also evaluated stations and tanks along the Fourbear Gathering Pipeline System to determine jurisdictional status. The definition of a breakout tank is, “a tank used to (a) relieve surges in a hazardous liquid pipeline system or (b) receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline.” The Fourbear Gathering Pipeline System includes four pump stations with tanks, Fourbear Station, Gould Station, Dry Creek Station, and Oregon Basin Station. At the inlet of each station, the line enters a manifold capable of diverting the product to a tank or receiving product from the tank. The valves at the manifold are considered the delineation points between line pipe and station piping. Downstream of the inlet manifold, line heaters followed by shipping pumps prepare the product for continued transportation by pipeline. Valves at the outlet of the pumps are considered the delineation between end of station piping and beginning of line pipe. While the tanks located at each of the stations appear to meet the definition of breakout tanks by receiving product from line pipe for continued transportation by line pipe, New Century has 5 <<>> concluded that the jurisdictional status of the incoming and outgoing pipelines affects the jurisdiction status of the stations and associated tankage. Due to the system design and the determination that only the 10‐inch segments of the gathering system are jurisdictional under 49 CFR 195, New Century has concluded that the stations and tanks are not jurisdictional to 49 CFR 195, as they discharge into non‐regulated rural pipelines. 3.2 49 CFR 195.446; Control Room Management Applicability Following applicability determination and identifying portions of the Fourbear Gathering Pipeline System that are regulated under 49 CFR 195.12, New Century evaluated the Fourbear Gathering Pipeline System to determine if the pipeline system is subject to the control room regulations codified in 49 CFR 195.446. Based on the applicability determination presented in Appendix C, Control Room Determination Documentation, which documents the lack of a SCADA system, New Century has concluded that Legacy does not operate a regulated control room for the Fourbear Gathering Pipeline System. 3.3 49 CFR 195.452; Integrity Management Applicability New Century evaluated the Fourbear Gathering Pipeline System to determine if the pipeline system is subject to 49 CFR 195.452, the integrity management requirements. Given that New Century has determined the 6‐ and 8‐inch segments are non‐regulated rural gathering, those segments are not subject to the integrity management portion of the regulation. Additionally, New Century’s determination the 10‐inch segments of the pipeline are Category 3 low stress pipeline, those segments are not subject to 49 CFR 195.452. Therefore, the Integrity Management requirements do not apply to the Fourbear Gathering Pipeline System. 3.4 49 CFR 194; Onshore Response Plans Applicability New Century performed an applicability study to determine if the Fourbear Gathering Pipeline System could reasonably be expected to cause substantial harm, or significant and substantial harm to the environment by releasing into navigable waters as defined in 49 CFR 194. Asset input data was based on the Fourbear Gathering Pipeline System description in Section 2 and shown in Figure 1, Map of Legacy Reserve’s Fourbear Gathering System is a map of the current asset. National Pipeline Mapping System (NPMS) receptors intended for pipeline integrity management were used, focusing on Drinking Water sources. The specific applicability requirements associated with part 49 CFR 194 are listed in Appendix D, 49 CFR 194 Applicability Flowcharts. These flowcharts provide a logic flow of questions, answered by the project team which determines the applicability of 49 CFR 194.101(a), identifies any exceptions listed in 49 CFR 194.101(b), and determines if a pipeline discharge could cause substantial harm or significant and substantial harm as discussed in 49 CFR 194.103. New Century SMEs analyzed the regulations in order to determine the applicability of the regulation to Legacy Reserve’s asset. 6 <<>> In accordance with the applicability statement in 49 CFR 194.3, “This part applies to an operator of an onshore oil pipeline that, because of its location, could reasonably be expected to cause substantial harm, or significant and substantial harm to the environment by discharging oil into or on any navigable waters of the United States or adjoining shorelines,” New Century performed a buffering analysis to determine potential impacts. The results shown in Figure 4, Significant and Substantial Harm Proximity Map indicate a drinking water source within 5 miles of the Fourbear Gathering Pipeline System meeting the significant and substantial harm definition. Additionally, drainages in the area indicate the gathering system has the potential to cause substantial harm to the Middle Grey Bull Watershed. As a result, New Century has determined 49 CFR 194 is applicable to the Fourbear Gathering Pipeline System. Figure 4: Release Modeling Map 3.5 State Specific Regulation Applicability Legacy Reserves’ pipeline operates in Park County in the state of Wyoming. The state of Wyoming does not regulate hazardous liquid pipeline under 49 CFR 195, only gas pipeline. Therefore, jurisdiction for 49 CFR 195 remains at the Federal level with the Pipeline and Hazardous Materials Safety Administration (PHMSA). 7 <<>> 4 Regulatory Requirements Based on the information and data provided during the course of this project, the 6‐ and 8‐inch segments of pipeline were determined to be non‐regulated rural gathering and the 10 segments of pipeline were determined to be Category 3 low stress pipeline. As of the date of this study, based on the applicability determination identified in section 3, the regulations require the following activities/programs. Should any new information become available that could alter the conclusions contained in this study, New Century recommends that Legacy Reserves reevaluate the Fourbear Gathering Pipeline System to identify any changes in regulatory applicability:  Subpart A; General o This subsection encompasses the safety standards and reporting requirements for pipeline facilities used in the transportation of hazardous liquids or carbon dioxide. Part A identifies which pipelines are covered, definitions and incorporations by reference, non‐steel pipelines, unusually sensitive areas (USAs), rural gathering, and low stress.  Subpart B; Annual, Accident, and Safety‐Related Condition Reporting o This subsection prescribes requirements for periodic reporting as well as reporting of accidents and safety‐related conditions. Includes annual reports, accident reports, safety‐related condition reports, abandonment/deactivation reports, and agency contact information.  Subpart C; Design Requirements o This subsection identifies the minimum design standards that steel pipeline systems must meet as well as design requirements associated with relocating, replacing, or changing existing systems.  Subpart D; Construction o This subsection identifies the minimum construction requirements that steel pipe systems must meet as well as construction requirements associated with relocating, replacing, or changing existing systems.  Subpart E; Pressure Testing o This subsection delineates the conditions under which an operator must pressure test pipelines, risk‐based alternatives to pressure testing, and minimum standards associated with performing pressure tests.  Subpart F; Operation and Maintenance o This subsection governs the operations and maintenance of the pipeline. Includes activities such as normal, abnormal, and emergency operation of the pipeline. General maintenance and inspection activities, security requirements, public awareness, damage prevention, leak detection, control room management, and integrity management. o As previously determined regulations pertaining to control room management and integrity management do not apply to this pipeline system. 8 <<>>  Subpart G; Qualification of Pipeline Personnel o This subsection governs the minimum requirements of qualification individuals performing covered tasks on the pipeline must meet. It also mandates how the qualification program must function, and what records must be kept.  Subpart H; Corrosion Control o This subsection provides minimum requirements for protecting steel pipeline against corrosion. It provides guidance on the design, installation, inspection, maintenance, and remediation of corrosion prevention technology. 9 <<>> Appendix A: 49 CFR 195 Applicability Questionnaire Appendix A1: 49 CFR 195.1 6‐ and 8‐inch Applicability Questionnaire Appendix A2: 49 CFR 195.1 10‐inch Applicability Questionnaire Appendix A3: 49 CFR 195.11 6‐ and 8‐inch Applicability Questionnaire for Gathering Pipelines Appendix A4: 49 CFR 195.12 10‐inch Applicability Questionnaire for Low Stress Pipelines <<>> Appendix A1: 49 CFR 195.1 6- and 8-inch Applicability Questionnaire <<>> Operator: Legacy Reserves Pipeline ID: Fourbear Gathering System (10" segments only) Date: August 8, 2014 49 CFR 195.1 - Applicability Questionnaire Regulation Question Answer Comments This column is the actual language codified in 49 CFR 195.1 - this section is simply for reference This column translates the regulatory language into easily answerable questions This section contains drop down menus that offer Yes/No answers to the questions on the left. This column includes miscellaneous items of note. 49 CFR 195.1(a) - COVERED (a) Covered. Except for the pipelines listed in paragraph (b) of this Section this Part applies to Pipeline facilities Is the asset a pipeline facility? Yes And the transportation of hazardous liquids Does the pipeline transport hazardous liquids? Yes Crude Oil Or carbon dioxide Does the pipeline transport Carbon Dioxide? No No Associated with those facilities in or affecting interstate or foreign commerce, Does the pipeline affect interstate or foreign commerce? Including pipeline facilities on the Outer Continental Shelf (OCS). Is the pipeline facility on the Outer Continental Shelf (OCS)? No Covered pipelines include, but are not limited to: (1) Any pipeline that transports a highly volatile liquid; Does the pipeline transport a Highly Volatile Liquid (HVL)? No (2) Any pipeline segment that crosses a waterway currently used for commercial navigation; Does the pipeline segment cross a waterway currently used for commercial navigation? No (3) Except for a gathering line not covered by paragraph (a)(4) of this Section, any pipeline located in a rural or non-rural area of any diameter regardless of operating pressure; Except for a gathering line not covered by paragraph (a)(4) (the next question) of this Section, is the pipeline located in a rural or non-rural area, of any diameter, regardless of operating pressure? No Pipeline is a gathering line; applicability to 195.11 demonstrates non-regulated rural gathering. (4) Any of the following onshore gathering lines used for transportation of petroleum: Are any of the following onshore gathering lines used for transportation of petroleum? No (i) A pipeline located in a non-rural area; A pipeline located in a non-rural area No (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 to 195.11 demonstrates non-regulated rural gathering. (iii) A pipeline located in an inlet of the Gulf of Mexico as provided in §195.413. A pipeline located in an inlet of the gulf of Mexico, as provided in 195.413 No DETERMINATION: Regulated Under 195.1(a) 49 CFR 195.1(b) - EXCEPTED This section identifies exceptions to the regulations codified in 49 CFR 195.1 (b) Excepted. This Part does not apply to any of the following: (1) Transportation of a hazardous liquid transported in a gaseous state; Does the pipeline transport hazardous liquid in a gaseous state? No (2) Transportation of a hazardous liquid through a pipeline by gravity; Does the pipeline transport hazardous liquid by gravity? No (3) Transportation of a hazardous liquid through any of the following low- stress pipelines: (i) A pipeline subject to safety regulations of the U.S. Coast Guard; or Is the pipeline subject to safety regulations of the U.S. Coast Guard? No (ii) A pipeline that serves refining, manufacturing, or truck, rail, or vessel terminal facilities, if the pipeline is less than one mile long (measured outside facility grounds) and does not cross an offshore area or a waterway currently used for commercial navigation; If the pipeline is less than one (1) mile long (measured outside facility grounds) and does not cross an offshore area or waterway currently used for commercial navigation, does the pipeline serve refining, manufacturing, or truck, rail, or vessel terminal facilities? No (4) Transportation of petroleum through an onshore rural gathering line that does not meet the definition of a “regulated rural gathering line” as provided in §195.11. This exception does not apply to gathering lines in the inlets of the Gulf of Mexico subject to §195.413; Does the pipeline transport petroleum through an onshore rural gathering line that does not meet the definition of a "regulated rural gathering line" as provided in 195.11? NOTE: This exception does not apply to gathering lines in the inlets of the Gulf of Mexico, subject to 195.413 Yes Pipeline is a gathering line; applicability to 195.11 demonstrates non-regulated rural gathering. (5) Transportation of hazardous liquid or carbon dioxide in an offshore pipeline in state waters where the pipeline is located upstream from the outlet flange of the following farthest downstream facility: The facility where hydrocarbons or carbon dioxide are produced or the facility where produced hydrocarbons or carbon dioxide are first separated, dehydrated, or otherwise processed; Does the pipeline transport hazardous liquid or carbon dioxide in an offshore pipeline in state waters where the pipeline is located upstream from the outlet flange of the following farthest downstream facility: 1. The facility where hydrocarbons or carbon dioxide are produced? 2. The facility where produced hydrocarbons or carbon dioxide are first separated, dehydrated, or otherwise processed? No (6) Transportation of hazardous liquid or carbon dioxide in a pipeline on the OCS where the pipeline is located upstream of the point at which operating responsibility transfers from a producing operator to a transporting operator; Does the pipeline transport hazardous liquid or carbon dioxide in a pipeline on the Outer Continental Shelf (OCS) where the pipeline is located upstream of the point at which operating responsibility transfers from a producing operator to a transporting operator? No (7) A pipeline segment upstream (generally seaward) of the last valve on the last production facility on the OCS where a pipeline on the OCS is producer-operated and crosses into state waters without first connecting to a transporting operator's facility on the OCS. Safety equipment protecting PHMSA-regulated pipeline segments is not excluded. A producing operator of a segment falling within this exception may petition the Administrator, under §190.9 of this chapter, for approval to operate under PHMSA regulations governing pipeline design, construction, operation, and maintenance; Is the pipeline segment upstream (generally seaward) of the last valve on the last production facility on the Outer Continental Shelf (OCS) where a pipeline on the OCS is producer-operated and crosses into state waters without first connecting to a transporting operator's facility on the OCS? NOTE: Safety equipment protecting PHMSA-regulated pipeline segments is not excluded NOTE: A producing operator of a segment falling within this exception may petition the Administrator, under 190.9 of this chapter, for approval to operate under PHMSA regulations governing pipeline design, construction, operation, and maintenance No (8) Transportation of hazardous liquid or carbon dioxide through onshore production (including flow lines), refining, or manufacturing facilities or storage or in-plant piping systems associated with such facilities; Does the pipeline transport hazardous liquids or carbon dioxide through onshore production (including flow lines), refining, or manufacturing facilities or storage or in-plant piping systems associated with such facilities? Yes (9) Transportation of hazardous liquid or carbon dioxide: (i) By vessel, aircraft, tank truck, tank car, or other non-pipeline mode of transportation; or Is the hazardous liquid or carbon dioxide transported by vessel, aircraft, tank truck, tank car, or other non-pipeline mode of transportation No (ii) Through facilities located on the grounds of a materials transportation terminal if the facilities are used exclusively to transfer hazardous liquid or carbon dioxide between non-pipeline modes of transportation or between a non-pipeline mode and a pipeline. These facilities do not include any device and associated piping that are necessary to control pressure in the pipeline under §195.406(b); or Is the hazardous liquid or carbon dioxide transported through facilities located on the grounds of a materials transportation terminal and these facilities are exclusively used to transfer hazardous liquid or carbon dioxide between non-pipe modes of transportation or between a non-pipeline mode and a pipeline? NOTE: These facilities do not include any device and associated piping that are necessary to control pressure in the pipeline under 195.406(b) No (10) Transportation of carbon dioxide downstream from the applicable following point: (i) The inlet of a compressor used in the injection of carbon dioxide for oil recovery operations, or the point where recycled carbon dioxide enters the injection system, whichever is farther upstream; or Does the pipeline transport carbon dioxide downstream from the inlet of a compressor used in the injection of carbon dioxide for oil recovery operations or the point where recycled carbon dioxide enters the injection system (whichever is further upstream)? No (ii) The connection of the first branch pipeline in the production field where the pipeline transports carbon dioxide to an injection well or to a header or manifold from which a pipeline branches to an injection well. Does the pipeline transport carbon dioxide downstream from the connection of the first branch pipeline in the production field where the pipeline transports carbon dioxide to an injection well or to a header or manifold from which a pipeline branches to an injection well? No DETERMINATION: Excepted Under 195.1(b) 49 CFR 195.1(c) - BREAKOUT TANKS (c) Breakout tanks. Breakout tanks subject to this Part must comply with requirements that apply specifically to breakout tanks and, to the extent applicable, with requirements that apply to pipeline systems and pipeline facilities. If a conflict exists between a requirement that applies specifically to breakout tanks and a requirement that applies to pipeline systems or pipeline facilities, the requirement that applies specifically to breakout tanks prevails. Anhydrous ammonia breakout tanks need not comply with §§195.132(b), 195.205(b), 195.242(c) and (d), 195.264(b) and (e), 195.307, 195.428(c) and (d), and 195.432(b) and (c). A tank with 49 CFR 195 regulated pipeline on inlet and outlet that is used to (a) relieve surges in a hazardous liquid pipeline system or (b) receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline. No DETERMINATION: Not Regulated <<>> Appendix A2: 49 CFR 195.1 10-inch Applicability Questionnaire <<>> Operator: Legacy Reserves Pipeline ID: Fourbear Gathering System (10" segments only) Date: August 8, 2014 49 CFR 195.1 - Applicability Questionnaire Regulation Question Answer Comments This column is the actual language codified in 49 CFR 195.1 - this section is simply for reference This column translates the regulatory language into easily answerable questions This section contains drop down menus that offer Yes/No answers to the questions on the left. This column includes miscellaneous items of note. 49 CFR 195.1(a) - COVERED (a) Covered. Except for - **truncated:** true - **body characters:** 73542