{"operation":"document","citation":"PI-19-0010","title":"East Goshen Township — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-09-11","effective_on":null,"summary":"PI-19-0010 response to East Goshen Township concerning 195.250.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-19-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-19-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-19-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/72316/east-goshen-township-pi-19-0010-09-10-2019-part-195250.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nofTransportation\nPipeline and Hazardous Materials\nS afety Administration\n1200 New Jersey Avenue SE\nWashington DC 20590\nSEP To 2019.\nMr. Rick Smith\nTownship Manager\nEast Goshen Township\n1580 Paoli Pike\nWest Chester, PA 19380\nDear Mr. Smith:\nIn an August 6, 2019, email to the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), you requested an interpretation of 49 CFR Part 195. Specifically, you requested an\ninterpretation of §195.250-Clearance between pipe and underground structures.\nYou stated that Energy Transfer has asked for a permit from the East Goshen Township to work\n\"around the clock\" during pull back operations. You stated that Energy Transfer plans to pull\nback dual pipes with 16-inch and 20-inch nominal diameters. You stated that it is your\nunderstanding that when the two pipes are pulled there will be less than 12 inches of clearance,\nas required by §195.250. You indicated that a question arose as to whether §195.250 would be\napplicable to Energy Transfer. Section 195.250 states:\n§195.250 Clearance between pipe and underground structures. Any pipe installed\nunderground must have at least 12 inches (305 millimeters) of clearance between the\noutside of the pipe and the extremity of any other underground structure, except that for\ndrainage tile the minimum clearance may be less than 12 inches (305 millimeters) but not\nless than 2 inches (51 millimeters). However, where 12 inches (305 millimeters) of\nclearance is impracticable, the clearance may be reduced if adequate provisions are made\nfor corrosion control.\nTherefore, you asked for PHMSA's responses to the following three questions. PHMSA's\nresponse follows each of your questions.\nQuestion #1: Would §195.250 be applicable to two pipelines that are installed by the\nsame company?\nResponse to #1: Yes, the requirements of §195.250 are applicable. However, \" .. . where\n12 inches of clearance is impracticable ... ,\" §195.250 permits clearance to be\nreduced \" ..... if adequate provisions are made for corrosion control.\" Therefore,\n§195.250 does not necessarily restrict two pipelines from being installed with less\nthan 12 inches of clearance between them. In this situation where the pipelines\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\nwill be close to each other, corrosion control must consider at a minimum the\nregulatory requirements specified in §195.575 pertaining to electrical isolation.\nQuestion #2: Who determines ifit is \"impracticable\" to reduce the clearance between the\ntwo pipelines?\nResponse to #2: The pipeline operator is responsible for complying with all applicable\npipeline safety regulations. The operator is solely responsible for implementing design,\nconstruction, operation, and maintenance procedures that meet 49 CFR Part 195. Thus,\nthe pipeline operator would be responsible for making that determination and for\nensuring that adequate provisions are made for corrosion control if 12 inches of clearance\nwas determined to be impracticable per §195.250. PHMSA or the State pipeline safety\nregulator validate and verify if operators are compliant with applicable pipeline safety\n· regulations, including this provision.\nIn addition to addressing corrosion control, another key design requirement that Energy\nTransfer should address in their dual \"pull back\" design and installation is how they are\ngoing to comply with § 195 .110 External loads, particularly those associated with\nlocalized stresses on the pipelines. Any pipe bundles and associated spacers must be\ndesigned to keep the pipelines separated as to minimize localized stresses between the\ntwo pipes, and facilitate design, operation, and maintenance of a proper corrosion control\nsystem that meets the requirements of 49 CFR Part 195, Subpart H.\nQuestion #3: Who determines if the provisions for corrosion control are \"adequate\"?\nResponse to #3: The pipeline operator is responsible for complying with all applicable\npipeline safety regulations, including corrosion control. The operator most install\nsufficient test leads to monitor and demonstrate the adequacy of the corrosion control\nsystem for each pipeline along the entire horizontal directional drilling (HDD) segment\nper §§195.567, 195.571 and 195.573. Furthermore, the pipelines should be protected\nagainst fault current and interference currents, per §§195.575 and 195.577, respectively.\nPHMSA or the State pipeline safety regulator will determine if the operator is compliant\nwith applicable pipeline safety regulatfons, including this provision.\nlfwe can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nSincerely,\n~~\n~ .\nJohn A. Gale\nDirector, Office of Standards\nand Rulemaking\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 3>>>\n\nFrom: mailto:rsmith@eastgoshen.org\nSent: Tuesday, August 06, 2019 3:21 PM\nTo: Ian.Woods@dot.gov\nSubject: Energy Transfer\nMr. Woods\nAs you are aware Energy Transfer is in the process of installing the Mariner East Pipeline thru\nChester County. This project consists of the construction of a 16-inch and 20-inch pipeline. East\nGoshen Township, which is located in Chester County, has a noise ordinance that imposes limits\non when construction can place.\nEnergy Transfer has asked for a permit to work around the clock during pull back operations\nwhich the Board is currently considering. Energy Transfer notes in their request that some of the\nplanned pull backs may be dual pipe pull backs. It is also our understanding that when the two\npipes are pulled there will be less than the 12 inches’ clearance required by §195.250 of the\nFederal Code. A question has arisen as to whether or not §195.250 would be applicable to\nEnergy Transfer?\n§195.250 Clearance between pipe and underground structures.\nAny pipe installed underground must have at least 12 inches (305 millimeters) of clearance\nbetween the outside of the pipe and the extremity of any other underground structure, except that\nfor drainage tile the minimum clearance may be less than 12 inches (305 millimeters) but not less\nthan 2 inches (51 millimeters). However, where 12 inches (305 millimeters) of clearance is\nimpracticable, the clearance may be reduced if adequate provisions are made for corrosion\ncontrol.\nSpecifically, with regards to their intention to perform a dual pipe pull back with less than 12\ninches of separation. I checked the PHMSA website and there are not any interpretations listed\nfor this section of the Code.\nAccordingly, please consider this email as a formal request for an interpretation of this section of\nthe Code.\nQuestion #1: Would §195.250 be applicable to two pipelines that are installed by the\nsame company?\ntwo pipeline?\nQuestion #2: Who determines if it is “impracticable” to reduce the clearance between the\nQuestion #3: Who determines if the provisions for corrosion control are “adequate”?\nIf you need a formal request in the form of a letter let me know.\nThank you\nRick Smith\nEast Goshen Township Manager\n610-692-7171\n\n<<<PAGE 4>>>\n\nRick Smith\nTownship Manager\nEast Goshen Township\n1580 Paoli Pike\nWest Chester, PA 19380\nJuly 19, 2019\nDear Rick,\nIn relation to the Mariner East 2 project within East Goshen Township, ETC would like to begin planning\nfor our pipeline pullback activities in East Goshen for the five horizontal directional drills (HDDs) currently\nunderway. For the pullback phase only, we are requesting a waiver from East Goshen Township’s\nOrdinance 156-5, Limitation on Hours of Construction Activities for the horizontal directional drills\ndiscussed below.\nThe pullback stage of the pipe installation consists of pulling the prefabricated pipe sections through the\ndrilled borehole from the exit point back to the drill rig entry point.\nTo increase the chances for a successful installation, a continuous pullback operation is industry standard\npractice. A continuous pullback provides the highest likelihood for a success, and limits the factors that\ncould lead to a pullback failure and possible requirement to re-drill. Due to limited workspace for pipeline\npull section layout on the exit side, the pull section cannot be fabricated in one long continuous segment,\nbut rather will require numerous mid-welds during pullback. Pullback operations are further complicated\nby the restrictive work hours under the township’s ordinance. Any time pullback operations are stopped\nfor extended periods, there is a risk that it will not be possible to get the pipe moving again due to\nunstable materials collecting around the wall of the pull section.\nSince pullback activities for the drills detailed below will require East Goshen Township to grant waivers\nto the townships’ noise ordinances, there are several factors that will determine the duration of the\ncontinuous pullback activities. Please note that the schedule and duration may change due to outside\nfactors, including but not limited to the condition of the bore-hole or weather.\nThe details of the HDD segments that require continuous pullback are listed in order of anticipated\npullback date:\nHDD 460 (16-inch and 20-inch pipelines)\n- Location: Drill staged at Goshen Fire Company in West Goshen Township to the pipe work\nspace at Wellington/ Giant Shopping Center on Boot Rd.\nDescription and length: This segment is a candidate for dual pipe pull, which allows for both the\n16-inch and 20-inch pipelines to be installed simultaneously. If for any reason we are unable to\nperform a dual pipe pull, the contractor will install the 16-inch only and then begin the HDD for the\n20-inch pipeline at a later date. This HDD segment has 6 mid- welds for both the 16-inch and 20-\ninch sections with an approximate length of 3391 feet.\n- Approximate date for pullback: Targeting early October 2019\n- Approximate pullback duration: It is estimated that the duration for pullback with 24/7\ncontinuous work hours will be 40-44 hours. Without continuous pullback, the process will take 5-\n6 days, barring loss of bore hole integrity or changes in weather conditions. In the case where we\nare unable to complete a successful pullback due to non-continuous pull and/or loss of the\nborehole, we must restart the HDD process all over again, which is estimated to take 174 days for\nthe dual pull of the 16-inch and 20-inch pipelines for this section.\n\n<<<PAGE 5>>>\n\nHDD 490 (16-inch and 20-inch pipelines)\n- Location: Drill staged at New Kent Apartments to pipe work space at Goshen Executive\n- Description and Length: This segment is a candidate for dual pipe pull, which allows for both\nthe 16-inch and 20-inch pipelines to be installed simultaneously. If for any reason we are unable\nto perform a dual pipe pull, the contractor will install the 16-inch only and then begin the HDD for\nthe 20-inch pipeline at a later date. This HDD segment has 5 mid-welds for both the 16-inch and\n20-inch sections with an approximate length of 2970 feet.\n- Approximate date for pullback: Targeting mid-December 2019\n- Timeline for pullback: It is estimated that the duration for pullback with 24/7 continuous work will\nbe 32-36 hours. Without continuous pullback, the process will take 4-5 days, barring loss of bore\nhole integrity or changes in weather conditions. In the case where we are unable to complete a\nsuccessful pullback due to non-continuous pull and/or loss of the borehole, we must restart the\nHDD process all over again, which is estimated to take 157 days for the dual pull of the 16-inch\nand 20-inch pipelines for this section.\nHDD 521 (16-inch and 20-inch pipelines)\n- Location: Drill staged at West Chester Pike/ St. Simon and Jude Parish in Westtown Township\nto the pipe work space at Bow Tree Dr.\n- Description and length: This drill segment is a combination of HDD 520 and HDD 530. This\nsegment is a candidate for dual pipe pull, which allows for both the 16-inch and 20-inch pipelines\nto be installed simultaneously. If for any reason we are unable to perform a dual pipe pull, the\ncontractor will install the 16-inch only and then begin the HDD for the 20-inch pipeline at a later\ndate. This HDD segment has 4 mid-welds for both the 16-inch and 20-inch sections with an\napproximate length of 6943 feet.\n- Approximate date for pullback: Targeting December 2019\n- Approximate pullback duration: It is estimated that the duration for pullback with 24/7\ncontinuous work will be 33-37 hours. Without continuous pullback, the process will take 5 to 6\ndays, barring loss of bore hole integrity or changes in weather conditions. In the case where we\nare unable to complete a successful pullback due to non-continuous pull and/or loss of the\nborehole, we must restart the HDD process all over again, which is estimated to take 198 days for\nthe dual pull of the 16-inch and 20-inch pipelines for this section.\nHDD 471 (20 -inch pipeline only; 16-inch pipeline has been installed)\n- Location: Drill staged at Village Square Dr. to pipe work space at Goshen Executive\n- Description and Length: This HDD segment is 3730 feet in length.\n- Approximate date for pullback: Targeting mid-April 2020\n- Timeline for pullback: This HDD segment is currently under review from the PA DEP. We will\nprovide a timeline when DEP approval is received. This HDD segment is estimated to take 145\ndays to complete.\nHDD 461 (20 -inch pipeline only; 16-inch pipeline has been installed)\n- Location: Drill staged at Village Square Dr. to pipe work space at Carriage Dr.\n- Description and length: This HDD segment is 882 feet in length.\n- Approximate date for pullback: June 2020\n- Timeline for pullback: This HDD segment is estimated to take 42 days to complete.\nHDD 500 (20-inch pipeline only; 16-inch pipeline has been installed)\n- Location: Drill staged at New Kent Apartments to pipe work space near Bow Tree Rd.\n- Description and length: 2140 feet in length\n- Approximate date for pullback: TBD\n- Timeline for pullback: This HDD segment is currently under review from the PA DEP. We will\nprovide a timeline when DEP approval is received. This HDD segment is estimated to take 94\ndays to complete.\n\n<<<PAGE 6>>>\n\nIn anticipation of continuous pullback activities, we will work with the township to identify, notify and offer\ntemporary lodging to neighbors close to the entry and exit points where the work will take place for the\nduration of the overnight work. All Occupational Safety and Health Administration must be followed;\nhowever, we can take certain measures to mitigate noise. Additionally, lighting will be directed away from\nresidences in all drill entry and exit locations during non-daylight work.\nI have attached the letter written by Professor Samuel T. Ariaratnam, Ph.D., P. E., P.Eng., F.ASCE., an\nindependent expert on horizontal directional drills, on the need for uninterrupted pullback activities during\nthis critical stage of pipeline installation.\nI thank you for your time and consideration.\nSincerely,\nRonald Cummings\nProject Manager, Energy Transfer\n3807 West Chester Pike\nNewtown Square, PA 19073\n\n<<<PAGE 7>>>\n\nRick Smith\nTownship Manager\nEast Goshen Township\n1580 Paoli Pike\nWest Chester, PA 19380\nJuly 19, 2019\nDear Rick,\nIn relation to the Mariner East 2 project within East Goshen Township, ETC would like to begin planning\nfor our pipeline pullback activities in East Goshen for the five horizontal directional drills (HDDs) currently\nunderway. For the pullback phase only, we are requesting a waiver from East Goshen Township’s\nOrdinance 156-5, Limitation on Hours of Construction Activities for the horizontal directional drills\ndiscussed below.\nThe pullback stage of the pipe installation consists of pulling the prefabricated pipe sections through the\ndrilled borehole from the exit point back to the drill rig entry point.\nTo increase the chances for a successful installation, a continuous pullback operation is industry standard\npractice. A continuous pullback provides the highest likelihood for a success, and limits the factors that\ncould lead to a pullback failure and possible requirement to re-drill. Due to limited workspace for pipeline\npull section layout on the exit side, the pull section cannot be fabricated in one long continuous segment,\nbut rather will require numerous mid-welds during pullback. Pullback operations are further complicated\nby the restrictive work hours under the township’s ordinance. Any time pullback operations are stopped\nfor extended periods, there is a risk that it will not be possible to get the pipe moving again due to\nunstable materials collecting around the wall of the pull section.\nSince pullback activities for the drills detailed below will require East Goshen Township to grant waivers\nto the townships’ noise ordinances, there are several factors that will determine the duration of the\ncontinuous pullback activities. Please note that the schedule and duration may change due to outside\nfactors, including but not limited to the condition of the bore-hole or weather.\nThe details of the HDD segments that require continuous pullback are listed in order of anticipated\npullback date:\nHDD 460 (16-inch and 20-inch pipelines)\n- Location: Drill staged at Goshen Fire Company in West Goshen Township to the pipe work\nspace at Wellington/ Giant Shopping Center on Boot Rd.\nDescription and length: This segment is a candidate for dual pipe pull, which allows for both the\n16-inch and 20-inch pipelines to be installed simultaneously. If for any reason we are unable to\nperform a dual pipe pull, the contractor will install the 16-inch only and then begin the HDD for the\n20-inch pipeline at a later date. This HDD segment has 6 mid- welds for both the 16-inch and 20-\ninch sections with an approximate length of 3391 feet.\n- Approximate date for pullback: Targeting early October 2019\n- Approximate pullback duration: It is estimated that the duration for pullback with 24/7\ncontinuous work hours will be 40-44 hours. Without continuous pullback, the process will take 5-\n6 days, barring loss of bore hole integrity or changes in weather conditions. In the case where we\nare unable to complete a successful pullback due to non-continuous pull and/or loss of the\nborehole, we must restart the HDD process all over again, which is estimated to take 174 days for\nthe dual pull of the 16-inch and 20-inch pipelines for this section.\n\n<<<PAGE 8>>>\n\nHDD 490 (16-inch and 20-inch pipelines)\n- Location: Drill staged at New Kent Apartments to pipe work space at Goshen Executive\n- Description and Length: This segment is a candidate for dual pipe pull, which allows for both\nthe 16-inch and 20-inch pipelines to be installed simultaneously. If for any reason we are unable\nto perform a dual pipe pull, the contractor will install the 16-inch only and then begin the HDD for\nthe 20-inch pipeline at a later date. This HDD segment has 5 mid-welds for both the 16-inch and\n20-inch sections with an approximate length of 2970 feet.\n- Approximate date for pullback: Targeting mid-December 2019\n- Timeline for pullback: It is estimated that the duration for pullback with 24/7 continuous work will\nbe 32-36 hours. Without continuous pullback, the process will take 4-5 days, barring loss of bore\nhole integrity or changes in weather conditions. In the case where we are unable to complete a\nsuccessful pullback due to non-continuous pull and/or loss of the borehole, we must restart the\nHDD process all over again, which is estimated to take 157 days for the dual pull of the 16-inch\nand 20-inch pipelines for this section.\nHDD 521 (16-inch and 20-inch pipelines)\n- Location: Drill staged at West Chester Pike/ St. Simon and Jude Parish in Westtown Township\nto the pipe work space at Bow Tree Dr.\n- Description and length: This drill segment is a combination of HDD 520 and HDD 530. This\nsegment is a candidate for dual pipe pull, which allows for both the 16-inch and 20-inch pipelines\nto be installed simultaneously. If for any reason we are unable to perform a dual pipe pull, the\ncontractor will install the 16-inch only and then begin the HDD for the 20-inch pipeline at a later\ndate. This HDD segment has 4 mid-welds for both the 16-inch and 20-inch sections with an\napproximate length of 6943 feet.\n- Approximate date for pullback: Targeting December 2019\n- Approximate pullback duration: It is estimated that the duration for pullback with 24/7\ncontinuous work will be 33-37 hours. Without continuous pullback, the process will take 5 to 6\ndays, barring loss of bore hole integrity or changes in weather conditions. In the case where we\nare unable to complete a successful pullback due to non-continuous pull and/or loss of the\nborehole, we must restart the HDD process all over again, which is estimated to take 198 days for\nthe dual pull of the 16-inch and 20-inch pipelines for this section.\nHDD 471 (20 -inch pipeline only; 16-inch pipeline has been installed)\n- Location: Drill staged at Village Square Dr. to pipe work space at Goshen Executive\n- Description and Length: This HDD segment is 3730 feet in length.\n- Approximate date for pullback: Targeting mid-April 2020\n- Timeline for pullback: This HDD segment is currently under review from the PA DEP. We will\nprovide a timeline when DEP approval is received. This HDD segment is estimated to take 145\ndays to complete.\nHDD 461 (20 -inch pipeline only; 16-inch pipeline has been installed)\n- Location: Drill staged at Village Square Dr. to pipe work space at Carriage Dr.\n- Description and length: This HDD segment is 882 feet in length.\n- Approximate date for pullback: June 2020\n- Timeline for pullback: This HDD segment is estimated to take 42 days to complete.\nHDD 500 (20-inch pipeline only; 16-inch pipeline has been installed)\n- Location: Drill staged at New Kent Apartments to pipe work space near Bow Tree Rd.\n- Description and length: 2140 feet in length\n- Approximate date for pullback: TBD\n- Timeline for pullback: This HDD segment is currently under review from the PA DEP. We will\nprovide a timeline when DEP approval is received. This HDD segment is estimated to take 94\ndays to complete.\n\n<<<PAGE 9>>>\n\nIn anticipation of continuous pullback activities, we will work with the township to identify, notify and offer\ntemporary lodging to neighbors close to the entry and exit points where the work will take place for the\nduration of the overnight work. All Occupational Safety and Health Administration must be followed;\nhowever, we can take certain measures to mitigate noise. Additionally, lighting will be directed away from\nresidences in all drill entry and exit locations during non-daylight work.\nI have attached the letter written by Professor Samuel T. Ariaratnam, Ph.D., P. E., P.Eng., F.ASCE., an\nindependent expert on horizontal directional drills, on the need for uninterrupted pullback activities during\nthis critical stage of pipeline installation.\nI thank you for your time and consideration.\nSincerely,\nRonald Cummings\nProject Manager, Energy Transfer\n3807 West Chester Pike\nNewtown Square, PA 19073","truncated":false,"body_characters":23798}