{"operation":"document","citation":"PI-17-0011","title":"Minnesota Office of Pipeline Safety — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-26","effective_on":null,"summary":"PI-17-0011 response to Minnesota Office of Pipeline Safety concerning 195.0.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-17-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-17-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-17-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/70546/minnesota-ops-pi-17-0011-02-25-2019-part-1950.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nofTransportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue SE\nWashington DC 20590\nf'Ea 2 5-2019\nMr. Jonathan C. Wolfgram\nChief Engineer\nMinnesota Office of Pipeline Safety\n445 Minnesota Street, Suite 14 7\nSaint Paul, MN 55101-4145\nDear Mr. Wolfgram:\nIn a June 13, 2017, email to the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), you requested an interpretation of 49 Code of Federal Regulations (CFR) Part 195.\nYou specifically requested an interpretation as to the applicability of Part 195 to an intrastate\npipeline that leaves a local refinery and travels to the Minneapolis St. Paul Airport.\nYou described the pipeline system as follows:\nFlint Hills Resources, LC (FHR) L.P. operates a IO-inch diameter intrastate pipeline\nsystem within Minnesota, the FHR Airport Line, that originates at the Flint Hills\nResources (FHR) Pine Bend Refinery (PBR) and terminates within a fenced area in a jet\nfuel storage tank facility operated by Swissport Fueling Services (Swissport) located\nwithin the property boundaries of the Metro Airport Commission (MAC) (Minneapolis\nSt. Paul Airport (MSP)). This 13.38 miles of IO-inch diameter pipeline (FHR IO-inch\nPipeline) is owned and operated by FHR, was built in 1988, and operates above 20%\nspecified minimum yield strength (SMYS). The pipeline transports jet fuel produced that\nare stored in storage tanks at the FHR PBR and then transported to the jet fuel storage\ntanks at the MSP.\n• On December 19, 2017, Koch Pipeline Company, L.P. notified PHMSA of its\nname change to Flint Hills Resources, LC effective December 1, 2017.\nYou stated the following:\n• The MAC owns the pipeline system that is operated by Swissport. The pipeline\ncrosses at least 3 roads but does not cross any water bodies.\n• The regulated FHR Airport pipeline flows directly into four ( 4) 2.2 million gallon\ntanks operated by Swissport with a backflow pressure valve near the end of the\nFHR pipeline that directs product into the tanks in the event of overpressure. This\ncould be interpreted as the Swissport tanks relieving surges in the regulated\npipeline (breakout tanks).\n• The Swissport tanks have never been regulated by PHMSA/Minnesota Office of\nPipeline Safety (MNOPS).\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to\nhelp the public understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\n• The Swissport pipeline system, including the four 2.2 million gallon tanks and\nmultiple tank outlet pumps and pipelines that supply the MSP airport hydrant\nsystem is not a low-stress pipeline because it is fed by two regulated pipelines -\none with maximum operating pressure (MOP) ranging from 1322 pounds per\nsquare inch gauge (psig) to 2240 psig with pipe stress at 46.31 to 60.42 percent\nSMYS and the other with an MOP of 720 psig with pipe stress at 30 percent\nSMYS.\nAs you stated, the regulated high-stress operating pressure FHR 10-inch pipeline appears to flow\ndirectly into four ( 4) 2.2 million gallon Swissport tanks with a backflow pressure valve near the\nend of the FHR 10-inch pipeline that directs product into the tanks in the event of overpressure,\nand that the Swissport tanks and associated pumps and pipelines have never been regulated by\nPHMSNMNOPS.\nYou asked PHMSA to determine the jurisdiction for each of the following, as identified by\nnumber in Attachment A:\nOrigin - FHR Refinery Property on Attachment A:\n1. storage tank outlet piping manifold & valve to storage tank booster pump\n26. Pressure, temperature or flow meters - for Leak Detection\n2. storage tank booster pump\n3. storage tank booster pump outlet piping/valve to main line pump suction 1 valve inlet\n4. mainline pump 1\n5. filter\n6. piping from filter to sump tank\n7. sump tank\n8. piping from sump tank to sump pump\n9. sump pump\n10. sump pump outlet piping to mainline pump 1 suction\n11. prover loop\n12. mainline pump 2\n13. pig launcher isolation valve\n14. pig launcher\nTermination - MAC MSP Airport Property on Attachment A:\n15. pig receiver\n16. valve after pig receiver\n17. filter\n18. piping from filter to sump tank\n19. sump tank\n20. piping from sump tank to sump pump\n21. sump pump\n22. sump pump outlet piping to filter inlet\n23. prover loop\n24. back pressure valve (controlled by FHR controllers to control pressure in pipeline\nduring flow conditions)\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations\n( 49 CFR Parts 190-199) in the fonn of interpretation letters. These letters reflect the agency's current application of the regulations to the\nspecific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and\nare provided to help the public understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\n3\n27. Pressure, temperature or flow meters - for Leak Detection\n25. Airport jet fuel storage tanks and pipeline system\n\"Seven (7) Pipeline Segments\" that Operate at unknown or above 20% SMYS on the\nMAC MSP airport property (operated by Swissport) - as shown on Attachment A:\n• 0.57 miles of 8-inch diameter steel pipeline in publicly accessible areas\n• 0.01 miles of 8-inch diameter steel pipeline in publicly accessible areas (Magellan\nreceipt station outlet piping to tanks, shown as Segment #8 on Attachment A, \"8-\ninch Magellan Segment #8\")\n• 0.47 miles of 14-inch diameter steel pipeline in publicly accessible areas\n• 0.28 miles of20-inch diameter steel pipeline in publicly accessible areas\no Note: The above four (4) pipeline segments are noted as the \"4-pipeline\nsegments\" throughout this letter and total 1.3 miles of pipeline.\n• Mini-Manifold and Main-Manifold and the ''three (3) outgoing pipeline\nsegments\" are as noted below:\no 14-inch diameter Segment # 10\no 20-inch diameter Segment #2\no 20-inch diameter Segment # 1\nPHMSA Reply to MNOPS Questions for the Facilities detailed on Attachment A:\nSection 195.2 defines \"pipeline or pipeline system\" as:\n[ A ]11 parts of a pipeline facility through which a hazardous liquid or carbon dioxide\nmoves in transportation, including, but not limited to, line pipe, valves, and other\nappurtenances connected to line pipe, pumping units, fabricated assemblies\nassociated with pumping units, metering and delivery stations and fabricated\nassemblies therein, and breakout tanks.\n1) 2) Regarding regulatory jurisdiction, under 49 CFR, Part 195, for Items 1-14 and 26 in\nAttachment A (Origin Point is at the FHR Refinery Property), FHR must have over-\npressure protection for maximum operating pressure control and surge pressure control at\nItem 13, see Attachment A. Because the FHR over-pressure control and the leak\ndetection system is upstream of Item 13 and is located at Item 26, the piping and\nequipment operated by FHR from Item 26 to Item 13 are regulated under 49 CFR Part\n195. The FHR 13.38-miles of 10-inch diameter pipeline (FHR 10-inch pipeline) from\nItem 13 to Item 16 is regulated under 49 CFR Part 195 because in accordance with Part\n195.l(a), it transports \"hazardous liquids or carbon dioxide associated with those\nfacilities in or affecting interstate or foreign commerce.\" This regulatory requirement\nextends to the closest isolation valves upstream of Item 26.\nRegarding the regulatory requirement under 49 CFR Part 195, for Items 15-25 and 27 in\nAttachment A (Termination Point at MSP Airport Property), Items 15 through 24 and 27\nare regulated under 49 CFR Part 195, because the pressure, temperature, and flow\nmeasurement for the FHR 10-inch pipeline leak detection system are located at Item 27\nand is downstream ofltems 15 through 24. Item 25 storage tanks, pump and pipeline\nsystem (operates above 20% SMYS) are regulated under 49 CFR Part 195, since the\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations\n(49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the\nspecific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and\nare provided to help the public understand how to comply with the regulations.\n\n<<<PAGE 4>>>\n\n4\ntanks take product from a regulated pipeline (PHR 10-inch pipeline), the outgoing MSP\nAirport pipelines operate at unknown SMYS (\"4-pipeline segments\" that total 1.3 miles),\nand delivers to other airport storage tanks for direct delivery to airplanes. The non-\nbreakout MSP Airport storage tanks operated by Swissport and other fuel delivery\nservices located entirely within the airport fence line and low pressure delivery system\ndownstream of the \"three outgoing pipeline segments\" would not be regulated under 49\nCPR Part 195.\n3) The \"4-pipeline segments\" operated by Swissport that fuel the MSP airport hydrant\nsystem, totaling 1.3 miles and operating at unknown or above 20% SMYS, that are\naccessible to the public and along public roads, that flows from Item 25, would be\nregulated under 49 CPR Part 195, because they are part of a pipeline system, including\nthe PHR and Swissport-operated pipeline segment that is downstream from the product\nreceipt station for the Magellan pipelines that operate above 20% SMYS.\n4) Breakout tanks are defined in§ 195.l(b) as \"tank[s] used to ... receive and store\nhazardous liquid transported by a pipeline for reinjection and continued transportation by\npipeline.\" The four (4) storage tanks (breakout tanks) on the MSP airport property\n(shown on Attachment A) and the \"three (3) outgoing pipeline segments\" (operated by\nSwissport with unknown or above 20% SMYS) leaving the tanks that cross public roads\nand are located above public light rail tunnels within the MSP airport facility are also\nregulated under 49 CPR Part 195. The breakout tanks receive product and are attached to\ntwo (2) upstream regulated pipelines (the PHR 10-inch and the Magellan 8-inch Segment\n#8 pipelines are operated by Swissport within the MSP airport fence). Therefore, the four\n(4) 2.2 million-gallon storage tanks on the MSP airport property that receive product\nfrom upstream regulated pipelines and deliver product to regulated downstream pipelines\nare regulated as breakout tanks under§ 195.l(c).\nlfwe can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nDirector, Office of Standards\nand Rulemaking\ncc: Attachment A\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations\n(49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the\nspecific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and\nare provided to help the public understand how to comply with the regulations.\n\n<<<PAGE 5>>>\n\nATTACHMENT A\nENTIRELY ON PROPERTY\nCONTROLLED BY THE\nAIRPORT AUTHORITY\nFACILITY OPERATOR:\nSWISSPORT\nFour Refined\nProduct Tanks\n18\nFACILITY OPERATOR:\nSWISSPORT\n3 Outgoing Pipelines 8\",\n20\" & 20\"\n1 Incoming Pipeline 8\"\n4 Refined Product Tanks\n19\n22 _ t FHRHIGH\n: STRESS PIPELINE\nAIRPORT PROPERTY UNDER CON- : FACILITY\n:: OPERATION\n16\nTROL OF SWISSPORT-CURRENTLY : ENDPOINT :\nREGULATED BY MINNESOTA POL- : -\n,- 1 p· R--:- - - :\n- -+I 1g ece1ver 15 I .\n.\nLUTION CONTROL AGENCY (MPCA) : 1\n- - - - -'J:\n............................................... :.. ..................... t·········································=\n•• ~~■-.~~ -~•i!~~-~~: ~.~~~ .~.i~~~~~.~ .~.i~~~~~-~- ~~~~~~~-~• ~~r~~~r ~~~~-~~~~ r :1. r r ■ rrdrUrrrrrr ~r ~~!~~ . ~~~~~~••\nFHR Refinery property ~ --r1;,_ .; . ..,,;,, 14\n- f\\l\n.-. . _..\n- - ~J $\n-separate entity from pipeline operations\nREFINERY PROPERTY r------~\n. UNDER CONTROL OF FHR Prover Loop .,.\nPIPELINE OPERATOR $\n::\n.,.\n::\n__.. ....... ..., ::\n::\n.,.\n.,.\n::\n.,.\n::\n::\n,.\n.,.\n:=\n.,.\n.,.\n::\n10\n.,.\n::\n,,.\nFHR Refinery 1\nStorage Tank(s)\n■ ■ ■ ■ ■ •• ■ ■ ■ ■ •• ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ •• ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ •• ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ al ■ al. lll ■ E. ai11>a,.111 ■ lll.lll ■■ a.ai ■, a, ■ a.lll ■ a. aiaia..ai ar ■ . ai ■ ■ ··---·••ai ■ a.a. ■ ll-&.••lll ■ al.al ■ --~ai -. a;e ai. ai ■1 aJ. lll ■ iat aJ11fal.lll ■ill\n\n<<<PAGE 6>>>\n\nIn a June 13, 2017, email you requested the following:\nGood afternoon Tewabe,\nWe are writing to check in with you regarding the scope of 195 jurisdictional facilities regarding\none of our hazardous liquid pipelines. The pipeline is a short intrastate line that leaves a local\nrefinery and travels to the MSP Airport. The system runs from a storage tank through various\npumps/valves/prover to a main-line pump. The pipe then travels across a public road where it\nenters another facility. We are seeking assistance in determining both the start and end of the\njurisdictional system. Elizabeth Skalnek in our office has drafted the attached document the\nscopes the system. We thought we would check with you to see if there might be any resources\navailable as we scope this out before submitting a formal request.\nAttachment\nKoch Intrastate Airport Pipeline jurisdictional review\nOverview:\nKoch Pipeline Company (KPL), L.P. (OPID 22855) operates one intrastate pipeline system\nwithin Minnesota, the Airport Pipeline System, that originates at the Flint Hills Resources (FHR)\nPine Bend Refinery and terminates within a fenced area in a jet fuel storage tank facility operated\nby Signature Flight Support (SFS) located within the property boundaries of the Metro Airport\nCommission (Minneapolis St. Paul Airport – MSP.) This 10-inch diameter pipeline, owned by\nFHR and operated by KPL, was built in 1988, operates above 20% SMYS and transports jet fuel\nproduced at the FHR Pine Bend Refinery from FHR Pine Bend Refinery jet fuel storage tanks to\njet fuel storage tanks at MSP.\nBackground:\nDuring the 2015 field inspection, the inspector from the Minnesota Office of Pipeline Safety\n(MNOPS) performed an inspection of the above ground facilities located within the fenced area\nof the FHR Pine Bend Refinery and within the fenced area of the SFS terminal. Koch employees\ncommunicated to the inspector their understanding that MNOPS jurisdiction began at the\nvalve(s) before the pig launcher and ended at the valve(s) after the pig receiver, specifically\nexcluding all pumps, sumps, filters, meters, sensors and associated piping and valves at both\nends of the pipeline. Jurisdictional diagrams were forwarded to Koch and a jurisdictional review\nwas initiated.\nAnnual report vs. NPMS:\nKPL’s 2015 annual report indicates the length of its intrastate pipeline in Minnesota is 12.9\nmiles. KPL’s 2016 National Pipeline Mapping System (NPMS) mileage of 13.4 miles includes\nFHR’s 0.4779 mile segment from the FHR Pine Bend Refinery jet fuel storage tank/booster\npump area flowing west to the fenced above ground facilities and mainline pump station located\nnear the northwest fenced FHR Pine Bend LLC industrial property boundaries. KPL is not\ncurrently contracted to operate or maintain the 0.4779 mile FHR pipeline segment that it did not\nconsider to be jurisdictional to MNOPS.\n\n<<<PAGE 7>>>\n\nPipeline Previously Considered Non-Jurisdictional - Refinery\nThe 0.4779 mile FHR pipeline segment on the Pine Bend Refinery property originates at the\nFHR jet fuel tank(s), passes through tank booster/manifold pump(s) and through a piping\nmanifold, crosses two railroad tracks, proceeds approximately 0.45 miles through FHR Pine\nBend LLC property (under/near pallet storage along an internal road) and into a fenced area\ncontrolled by Koch Pipeline. The fenced area includes a prover, four filters, two mainline pumps\n(one before and one after the filters), flow meter(s), leak detection pressure and temperature\nsensors, a sump line from the filters to the sump tank and a sump return line with a pump to\ninject into the suction side of the mainline pump before the filters.\nJurisdictional Pipeline\nA pig launcher after the filters was previously marked by KPS as the beginning of MNOPS\njurisdictional piping. After the pig launcher, the pipeline continues approximately 12.9 miles to\nthe fenced area controlled by KPL at the SFS facility at the airport. The fenced area at the airport\ncontains a pig receiver; KPL considered this the end of MNOPS jurisdiction.\nPipeline Previously Considered Non-Jurisdictional - Airport\nAfter the pig receiver, KPL operates flow meters, pressure and temperature sensors monitored as\npart of Koch’s leak detection system, a meter prover loop, product filters, a sump from the outlet\nof the filters to a pump that reinjects the sump product to the piping after the pig receiver, a\nproduct quality sampling area and a back pressure valve (just before the boundary of the fenced\narea controlled by Koch). After the back pressure valve, additional piping proceeds underground\noutside of Koch’s fenced area into the storage tank area controlled by SFS for approximately 175\nfeet before coming above ground into manifold piping and pumps that serve four airport jet fuel\nstorage tanks and fuel delivery pipeline system. Koch cathodically protects all of the buried\npiping up to the SFS tanks, including the buried piping from outside its fenced area to the four\nairport jet fuel storage tanks.\nThe four airport jet fuel tanks are located on property owned by the Metro Airport Commission,\naccessed by Post Road (public road). The four jet fuel tanks supply pipelines that cross Post\nRoad and feed various airplane fueling systems.\nThe entire jet fuel pipeline is owned by Flint Hills Resources (FHR). FHR contracts KPL to\noperate the pipeline from the fenced area at Pine Bend (beginning ~0.47 miles downstream from\nthe jet fuel tank) to the fenced area at the airport. To operate the pipeline, KPL controllers\nrequest permission from FHR to initiate a control sequence that aligns valves between the\nstorage tank and mainline pump and starts the jet fuel tank booster pumps to deliver jet fuel to\nthe suction end of the mainline pumps directly controlled by KPL within the fenced area at Pine\nBend. Similarly, KPL alerts SFS that it will deliver product into SFS tanks. KPL controllers\noperate all pumps and valves necessary to deliver jet fuel into the SFS tanks and KPL controllers\nmonitor pressure, temperature and flow as part of its leak detection system.\nPlease determine the jurisdiction for each of the following pipelines:\nOrigin:\n1. storage tank outlet piping manifold & valve to storage tank booster pump;\n2. storage tank booster pump;\n\n<<<PAGE 8>>>\n\n3. storage tank booster pump outlet piping/valve to main line pump suction 1 valve inlet;\n4. mainline pump 1\n5. filter\n6. piping from filter to sump tank\n7. sump tank\n8. piping from sump tank to sump pump\n9. sump pump\n10. sump pump outlet piping to mainline pump 1 suction\n11. prover loop\n12. mainline pump 2\n13. pig launcher isolation valve\n14. pig launcher\nTermination:\n15. pig receiver\n16. valve after pig receiver\n17. filter\n18. piping from filter to sump tank\n19. sump tank\n20. piping from sump tank to sump pump\n21. sump pump\n22. sump pump outlet piping to filter inlet\n23. prover loop\n24. back pressure valve (controlled by KPL controllers to control pressure in pipeline during\nflow conditions)\n25. Airport jet fuel storage tanks and pipeline system – if the airport pipeline system is >20%\nSMYS, is it PHMSA jurisdictional?\nLeak detection system sensors\n26. Pressure, temperature or flow meters – upstream of otherwise non-jurisdictional\nequipment\n27. Pressure, temperature or flow meters – downstream of otherwise non-jurisdictional\nequipment\nPlease let me know if you have any addition questions or require any additional information.\nThank you very much,\nJon Wolfgram, P.E.\nChief Engineer\nMinnesota Office of Pipeline Safety\n\n<<<PAGE 9>>>\n\nAirport Property\n23\nProver Loop\n27\n24\n17\nStorage Tank(s)\n18\n20\n>20% SMYS\n25\n21\n22\n19\nPublic Property\nRefinery Property\n3\n26\n1\nStorage Tank(s) 4\n2\n16\nPig Receiver\n15\nPig Launcher\n14\nProver Loop 11 13\n12\n5\n6\n8\n7 9\n10","truncated":false,"body_characters":20540}