{"operation":"document","citation":"PI-20-0002","title":"Maine Public Utilities Commission — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-06-15","effective_on":null,"summary":"PI-20-0002 response to Maine Public Utilities Commission concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-20-0002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-20-0002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-20-0002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/74086/maine-puc-pi-20-0002-06-03-2020-part-192-1.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJune 15, 2020\nMr. Gary A. Kenny\nGas Safety Manager\nMaine Public Utilities Commission\n18 State House Station\nAugusta, ME 04333-0018\nDear Mr. Kenny:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nJanuary 15, 2020, you requested an interpretation of 49 CFR Part 192. Specifically, you asked\nfor an interpretation on the correct application of 49 CFR § 192.11 to a liquefied petroleum gas\n(LPG) system operated by a Twin Rivers Paper Company (Twin Rivers).\nBackground and MPUC’s Opinion\nYou described the Twin Rivers LPG system as being operated and maintained by Twin Rivers\nand its employees. You stated that the paper mill owned and operated by Twin Rivers is the only\ncustomer that the system serves. You noted that neither the mill nor its property is considered a\npublic place, however, a portion of the system’s piping is off the customer’s premises, crossing\nunder 13th Avenue and Bridge and Mill Streets in Madawaska, Maine (public road rights-of-way)\ninside steel casings.\nYou believe the pipeline system is regulated under § 192.11(b) and fails the exception in\n§ 192.1(b)(5)(ii) because, although the system serves a single customer, it is not located entirely\non the customer’s premises. You noted that § 192.11(b) requires pipeline systems subject to Part\n192 that transport only petroleum gas or petroleum gas/air mixtures to “meet the requirements of\nthis part and of ANSI/NFPA 58 and 59,” but you indicated that it is MPUC’s opinion that NFPA\n59 is not applicable to the Twin Rivers LPG system because the standard only applies to utility\ndistribution systems.\nWith respect to NFPA 58, you explained that it applies to “(1) Containers, piping, and associated\nequipment, when delivering LP-Gas to a building for use as a fuel gas,” but does not apply to\n“the portions of LP-Gas systems covered by NFPA 54, where NFPA 54 is adopted, used, or\nenforced.” You indicated that the Maine Fuel Board has adopted and enforces NFPA 54 (2012)\nrequirements in Maine. Given the scope of NFPA 54, the MPUC believes Part 192 only extends\nto those portions of LPG systems that cannot be covered by NFPA 54. In addition, MPUC\nbelieves that although Twin Rivers’ entire LPG system is \"jurisdictional\" pursuant to § 192.1,\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 are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\nMPUC’s safety enforcement jurisdiction is limited to the piping from the LPG tanks to the outlet\nof the final pressure regulator in the Mill Stores Regulator Step Down Station (see Schematic\ndated Nov. 7, 2019).\nIn a February 2, 2020, follow-up call with PHMSA staff, you provided additional information\nregarding the regulatory boundaries of the Twin Rivers’ LPG system and the scope of the Maine\nFuel Board’s regulatory authority as it relates to the pipeline system. You clarified that the\npetroleum gas pipeline system starts at LPG tanks, crosses a railroad track and a public access\nroad, then enters the Mill Stores Regulator Step Down Station before the pipeline enters the first\nset of Twin Rivers paper mill buildings. You also stated that the Maine Fuel Board may have\nregulatory authority over the pipeline beyond that point.\nAnalysis\nThe pipeline safety regulations in Part 192 provide minimum safety standards for pipelines that\ntransport gas. Section 192.1(b) excepts certain pipelines from Part 192. Pursuant to\n§ 192.1(b)(5) any pipeline system that transports only petroleum gas or petroleum gas/air\nmixtures does not need to comply with Part 192 if it serves: (i) fewer than 10 customers, if no\nportion of the system is located in a public place; or (ii) a single customer, if the system is\nlocated entirely on the customer’s premises (no matter if a portion of the system is located in a\npublic place). The Twin Rivers LPG system is a pipeline system that only transports petroleum\ngas. However, because a portion of the system is located in a public place, it fails to meet the\nexception in § 192.1(b)(5)(i). As your January 15 letter noted, the system also fails to meet the\nexception in § 192.1(b)(5)(ii) because although the system serves only one customer, the system\nis not located entirely on Twin Rivers’ premises. Accordingly, PHMSA agrees that the Twin\nRivers LPG pipeline system is regulated under Part 192.\nSection 192.11(b) states “[e]ach pipeline system subject to this part that transports only\npetroleum gas or petroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.” NFPA 59, Utility LP-Gas Plant Code (2004) (incorporated by\nreference, see § 192.7) applies to liquefied petroleum gas systems at utility gas plants, and\nextends to the point where LP-Gas or a mixture of LP-Gas and air is introduced into the utility\ndistribution system.1 Since Twin Rivers is not a utility gas plant, PHMSA agrees that NFPA 59\ndoes not apply to the Twin Rivers LPG system.\nNFPA 58 applies to the storage, handling, transportation, and use of LP-Gas.\n2 The standard\nencompasses the operation of all LP-gas systems including containers, piping, and associated\nequipment, when delivering LP-gas to a building for use as a fuel gas.3 PHMSA agrees that\nNFPA 58 applies to the Twin Rivers LPG because it delivers LP-gas to the Twin Rivers paper\nmill for use as a fuel gas.\n1 NFPA 59, Utility LP-Gas Plant Code, Section 1.1 - Scope (2004)\n2 NFPA 58, Liquid Petroleum Gas Code, Section 1.1 - Scope (2004).\n3 Id. at § 1.3.1\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 are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\n3\nConcerning your reference to NFPA 54, PHMSA has not incorporated NFPA 54 into the pipeline\nsafety regulations. Moreover, NFPA 54 is not applicable to piping outside of a consumer’s\npremise. NFPA 54 provides industry accepted guidance for the design and safe installation of\nfuel gas piping systems, appliances, equipment and accessories to ensure fuel gas safety on a\nconsumer’s premises.4 As you noted, the Twin Rivers LPG system is not located entirely on\nTwin Rivers’ premises, rather it crosses three public roads.\nConsequently, pursuant to § 192.11(b), the Twin Rivers petroleum gas pipeline must comply\nwith Part 192 and NFPA 58 from the LPG tanks to the Mill Stores Regulator Step Down Station,\nand from the 4-inch Full Port Valve downstream of Finishing Room 1959 to the 4-inch Full Port\nBall valve at Building 1980 (see Schematic dated Nov. 7, 2019). MPUC would therefore be\nresponsible for compliance inspections and enforcement for those portions.\nIf we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nSincerely,\nJohn A. Gale\nDirector, Office of Standards\nand Rulemaking\n4 See, NFPA 54, National Fuel Gas Code, Committee Scope, page 6 of 285 (2006).\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 are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 4>>>\n\nSTATE OF MAINE\nPUBLIC UTILITIES COMMISSION\nPhilip L. Bartlett, II Harry Lanphear\nCHAIRMAN ADMINISTRATIVE DIRECTOR\nR. Bruce Williamson\nRandall D. Davis\nCOMMISSIONERS\nJanuary 15, 2020\nMr. John A. Gale\nDirector, Office of Standards and Rulemaking (PHP-30)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590\nRe: Interpretation of 49 C.F.R. Part 192 § 192.11\nDear. Mr. Gale,\nThe Maine Public Utilities Commission (MPUC) has been made aware of a liquified\npetroleum gas (LPG) system, operated by Twin Rivers Paper Company (Twin Rivers), in\nMadawaska, Maine. This system falls under the safety jurisdiction of the Maine Public Utilities\nCommission (MPUC) under PHMSA’s 60105(a) Certification agreement with the State of Maine\nin accordance with 49 C.F.R. § 192.1.\nThe Twin Rivers LPG facility is operated and maintained by Twin Rivers and its\nemployees. The system transports only petroleum gas. A paper mill owned and operated by\nTwin Rivers is the only customer that the system serves. Neither the mill nor its property is\nconsidered a public place. However, as shown on the attached site plan, a portion of the system’s\npiping is off the customer’s premises, crossing under 13th Avenue and Bridge and Mill Streets in\nMadawaska, Maine (public road rights-of-way) inside steel casings. The system fails the\nexception in 49 C.F.R. § 192.1(5)(ii) because, although the system serves a single customer, it\nis not located entirely on the customer’s premises.\nThe MPUC Gas Safety Program (MPUC Staff) is seeking interpretation on the correct\napplication of 49 C.F.R. § 192.11 regarding the extent of the MPUC’s safety enforcement\njurisdiction. Section 192.11(b) requires that “pipeline systems subject to Part 192 that transport\nonly petroleum gas . . . must meet the requirements of this part and of ANSI/NFPA 58 and 59.\n• NFPA 59 (2004) § 1.1.1 extends applicability to “…the point where LP-Gas or a mixture\nof LP-Gas and air is introduced into the utility distribution system.” Because the system\nserves a single customer, and there is no traditional utility distribution system associated\nwith this LPG system, it is difficult to ascertain where this point should be established and,\nLOCATION: 101 Second Street, Hallowell, ME 04347 MAIL: 18 State House Station, Augusta, ME 04333-0018\nPHONE: (207) 287-3831 (VOICE) TTY: 711 FAX: (207) 287-1039\n\n<<<PAGE 5>>>\n\nMr. John Gale Page 2 of 2\nJanuary 15, 2020\naccordingly, if this system is subject to NFPA 59. It is the view of MPUC Staff that the\nsystem is not subject to NFPA 59.\n• NFPA 58 (2004) § 1.3.1 applies to “(1) Containers, piping, and associated equipment,\nwhen delivering LP-Gas to a building for use as a fuel gas,”, and NFPA 58 § 1.3.2(6)\nmakes clear that NFPA 58's scope does not apply to “The portions of LP-Gas systems\ncovered by NFPA 54, where NFPA 54 is adopted, used, or enforced.” The Maine Fuel\nBoard has adopted and enforces NFPA 54 (2012) requirements in Maine.\n• The NFPA 58 scope definition appears to be the most germane to the type of system that\nTwin Rivers is operating, and MPUC Staff believes this code language should prevail\nwhere applicable when determining the extent of safety enforcement jurisdiction. MPUC\nStaff further believes that, given the scope language in NFPA 54, the requirements of Part\n192 only extend to those portions of the LPG system that cannot be covered by NFPA\n54.\n• NFPA 54 § 1.1.1.1(A) indicates that “Coverage of piping systems shall extend from the\npoint of delivery to the appliance connections,” and,\n“For undiluted liquified petroleum gas\nsystems, the point of delivery shall be considered to be the outlet of the final pressure\nregulator, exclusive of line gas regulators, where no meter is installed.” No meter is\ninstalled in the Twin Rivers LPG system.\nBased on the attached site plan, the outlet of the final pressure regulator, exclusive of line\ngas regulators, appears to be the Mill Stores Regulator Step Down Station, where the pressure\nis reduced to 10 psi (with a 9 psi standby setpoint). While the entire system is \"jurisdictional\"\npursuant to 49 C.F.R. § 192.1, MPUC Staff believes that the outlet of this regulator station\nrepresents the extent of MPUC safety enforcement jurisdiction.\nYour assistance in the proper interpretation of the extent of the MPUC’s safety jurisdiction\nwill be greatly appreciated. Please do not hesitate to contact me at 207-287-1364 or by email at\ngary.kenny@maine.gov if there are any questions or if you require any additional information.\nSincerely,\nGary A. Kenny, P.E.\nGas Safety Manager\nAttachment\n\n<<<PAGE 6>>>\n\nDO 00000 00 00 00.000000Đ 00","truncated":false,"body_characters":13042}