{"operation":"document","citation":"PI-20-0005","title":"Commonwealth LNG — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-04-23","effective_on":null,"summary":"PI-20-0005 response to Commonwealth LNG concerning 193.2161, 193.2167.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-20-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-20-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-20-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/73701/commonwealth-lng-pi-20-0005-04-24-2020-part-1932161-and-1932167.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 23, 2020\nMr. Scott Ray\nSenior VP Engineering and Permitting\nCommonwealth LNG\n1 Riverway, Suite 500\nHouston, TX 77056\nDear Mr. Ray:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nJanuary 6, 2020, you requested an interpretation of 49 Code of Federal Regulations (CFR) Part\n193. Specifically, you requested an interpretation regarding §§ 193.2161 and 193.2167.\nYou stated that Commonwealth LNG, LLC, proposes to construct and operate a natural gas\nliquefaction and export facility in Cameron Parish, Louisiana. You stated the liquefied natural\ngas (LNG) facility would have six 40,000 cubic meter full containment LNG tanks with\nparameters of: nominally 165 feet high, nominally 131 feet diameter, primary (internal liquid\ncontainer) tank wall of 9 percent Nickel (9 % Ni) steel, and secondary (outer liquid container)\ntank wall of 9 % Ni steel. You stated that the design Standards and Codes would be per\nAmerican Petroleum Institute and National Fire Protection Association (NFPA) 59A.\nYou state that the 2019 edition of NFPA 59A Standard (NFPA 59A-2019) allows for a full\ncontainment tank system with the secondary (i.e. outer) liquid container and roof to be\nconstructed either from metal or of pre-stressed concrete. Also, you stated that the secondary\nmetal 9 % Ni container wall is suitable for exposure to cryogenic temperatures, and the\npreliminary design of the secondary LNG container considers missile impact criteria per the\nNuclear Regulatory Commission Regulatory Guide 1.221.\nYou stated that currently 49 CFR Part 193 incorporates by reference the 2001 edition of NFPA\n59A (NFPA 59A-2001), whereas your proposed design is based on the NFPA 59A-2019. You\nfurther stated that §§ 193.2161 and 193.2167 prescribe a requirement that the secondary\ncontainer be of concrete - in apparent conflict with NFPA 59A-2019. You believe that the\nproposed LNG storage tank design fulfills the safety objectives of NFPA 59A-2019. Therefore,\nyou request PHMSA’s interpretation of whether your secondary container design material would\ncomply with the intent of §§ 193.2161 and 193.2167.\nSection 193.2161, Dikes general, requires that, “An outer wall of a component served by an\nimpounding system may not be used as a dike unless the outer wall is constructed of concrete.”\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\nLikewise, § 193.2167, Covered Systems, requires that “A covered impounding system is\nprohibited except for concrete wall designed tanks where the concrete wall is an outer wall\nserving as a dike.” Therefore, the outer wall of an LNG storage tank must be concrete.\nOtherwise, the outer wall may not be used as a dike.\nBecause your secondary containment is made of 9 % Ni steel, it does not comply with the current\nrequirements of §§ 193.2161 and 193.2167. Please note that while your design may comply with\nNFPA 59A-2019, Part 193 incorporates NFPA 59A-2001, therefore you must comply with the\nrequirements in NFPA 59A-2001. Likewise, where there is a conflict between the requirements\nof Part 193 and NFPA 59A-2001, the regulations in Part 193 apply.\nPHMSA provides written clarifications of the Federal pipeline safety regulations in the form of\ninterpretation letters. These letters reflect the agency’s current application of the regulations to\nthe specific facts presented by the person requesting the clarification. Interpretations are not\ngenerally applicable, do not create legally-enforceable rights or obligations, and are provided to\nhelp the specific requestor understand how to comply with the regulations.\nIf we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nSincerely,\nJOHN\nA\nGALE\nDigitally signed\nby JOHN A\nGALE\nDate:\n2020.04.23\n14:59:32 -04'00'\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 (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\nCOMMONWEALTH\nLNG\nJanuary 6, 2020\nOffice of Pipeline Safety {PHP-30)\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nAttention: Mr. John Gale\nDirector, Standards and Rulemaking Division (PHP-30)\nE22-336 PHMSA HQ\nRE: Liquified Natural Gas Full Containment Storage Tanks\nDear Mr. Gale,\nPursuant to Section 3 of the Natural Gas Act, (\"NGA\") Commonwealth LNG, LLC (\"Commonwealth\")\nproposes to construct and operate a natural gas liquefaction and export facility in Cameron Parish,\nLouisiana. The Liquefied Natural Gas (\"LNG\") Facility will be located on the west side of the Calcasieu Ship\nChannel, near its entrance to the Gulf of Mexico.\nThe LNG Facility is proposed to have 6no. 40,000 cubic meter full containment LNG tanks.\nCommonwealth's preliminary full containment tank design is proposed to have the below parameters:\n• Nominally 165 ft high\n• Nominally 131 ft diameter\n• Primary (internal liquid container) tank wall of 9%Ni steel\n• Secondary (outer liquid container) tank wall of 9%Ni steel\n• Reinforced concrete with a grillage steel base\nThe design Standards and Codes are per API and NFPA 59A. The design basis and tank design summary\nare included in Section 2 of the attached \"Compliance Review of Proposed LNG Storage Tank Design\".\nPlease note that the NFPA 59A (2019) Standard allows, for a Full Containment Tank System, that the\nsecondary (i.e. outer) liquid container and roof, be constructed either from metal or of prestressed\nconcrete. Clause A.3.3.5.4.2 refers. Please also note that the secondary metal 9%Ni container wall is\nsuitable for exposure to cryogenic temperatures. Additionally, the preliminary design of the secondary\nLNG container considers missile impact criteria per the Nuclear Regulatory Commission Regulatory Guide\n1.221 (NRC RG 1.221) i.e.:\n• Automobile (4,000 lbs., 122 mph)\n• Schedule 40 pipe (287 lbs., 117 mph)\n• Solid steel sphere (1-inch diameter 0.147 lbs., 103 mph)\n• Pipe valve (110 lbs., 121 mph)\nOne Riverway • Suite 500 • Houston, Texas • 77056\nTelephone: {346) 352-4444 • Fax: {346) 352-8909\n\n<<<PAGE 4>>>\n\nCOMMONWEALTH\nLNG\nCalculations substantiating the secondary container design for the missile impact are found in Appendix\nBl of the attachment. Calculations substantiating localized cryogenic spills are found in Appendix B2 of\nthe attachment. Adopting a robust metallic secondary container for missile impact appears to comply\nwith all design requirements, without compromising safety. The secondary (outer) container will\ntherefore be liquid tight under the spill of the primary container or external missile impact conditions.\nCommonwealth notes that 49 CFR §193 incorporates by reference NFPA 59A {2001), whereas the current\nNFPA 59A is dated 2019. Furthermore, 49 CFR §193.2161, and 49 CFR §193.2167, extracted below,\nappears to be a prescriptive requirement that the secondary container be of concrete, in apparent conflict\nwith the NFPA 59A {2019).\n49 CFR §193.2161 Dikes, general.\n\"An outer wall of a component served by an impounding system may not be used as a dike\nunless the outer wall is constructed of concrete:\"\n49 CFR §193.2167 Covered Systems.\n\"A covered impounding system is prohibited except.for concrete wall designed tanks where\nthe concrete wall is an outer wall serving as a dike. \"\nThe reasoning for this specific material requirement is not stated, however it appears that this concrete\nmaterial was primarily for withstanding aircraft impacts scenarios, as per 49 CFR §193.2155 (c), {1996).\nThis requirement has been withdrawn from later revisions to 49 CFR §193, where LNG storage tanks must\nnot be located with one mile of the nearest point of a runway. Please see page 15 of the attachment for\nfurther information\nCommonwealth concludes that the LNG Storage Tank design fulfills the safety objectives of NFPA 49A\n{2019). The secondary liquid container fulfills the functionality and definition of a Full Containment Tank,\nas per NFPA 59A Clause A.3.3.5.4.2 \"Full Containment Tank System\", where the secondary container is\ncapable of both containing the liquid product and controlling vapor resulting from evaporation in the\nevent of product leakage from the primary liquid container. It is a robust design suitable for use, further\ndetails are found in Section 4 of the attachment. Commonwealth therefore requests, pursuant to 49 CFR\n§193.11, \"Availability of Informal guidance and interpretive assistance\", specifically part (b) \"availability\nof written interpretations\" that DOT PHMSA clarify that our secondary container design material complies\nwith the intent of both 49 CFR §193.2161 and 49 CFR §193.2167, and therefore provide a written\nregulatory interpretation, and concur that it suitable for use. If you have any further design criteria, please\nadvise.\nCommonwealth has reviewed the Tank design with respect to the other relevant Clauses of 49 CFR §193.\nThis document \"Compliance Review of Proposed LNG Storage Tank Design\", is attached. This contains a\nlisting of the 49 CFR §193 Clauses, as well as the NFPA 59 A {2001) and {2006) Clauses applicable to the\nLNG Storage Tank design, our review outcome, and associated notes on these matters. The attached also\nincludes Drawings of the preliminary design, as well as the preliminary calculations for \"Wind borne Missile\nImpact Preliminary Assessment\" and \"LNG Jet Thermal Shock Assessment\".\nOne Riverway • Suite 500 • Houston, Texas • 77056\nTelephone: (346) 352-4444 • Fax: (346) 352-8909\n\n<<<PAGE 5>>>\n\nCOMMONWEALTH\nLNG\nShould you require further discussion or information please contact either Mr. Allcock via telephone or\nemail per the below. The Commonwealth team is available to meet in your offices at a time to suit your\nschedule.\nCommonwealth looks forward to the interpretation of 49 CFR §193.2161 and 49 CFR §193.2167.\nfully,\n. p{fo(_\nScott Ray �\nSenior Vice President Engineering & Permitting\nPlease address all correspondence to:\nJonathan Allcock\nCommonwealth LNG,\n1 Riverway,\nHouston, TX 77057\nOffice: 346 352 4440\nMobile: 713 205 5521\nEmail: jallcock@teamcpl.com\nEncl: Compliance Review of Proposed LNG Storage Tank Design\nOne Riverway • Suite 500 • Houston, Texas • 77056\nTelephone: (346) 352-4444 • Fax: (346) 352-8909","truncated":false,"body_characters":11314}