{"operation":"document","citation":"PI-21-0005","title":"Wright and Associates PLLC — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-06-08","effective_on":null,"summary":"PI-21-0005 response to Wright and Associates PLLC concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-21-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-21-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-21-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/75216/wright-and-associates-pi-21-0005-06-16-2021-part1951.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration June 15, 2021\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMs. Charlene B. Wright\nManaging Member\nWright and Associates PLLC\n3302 Canal Street, Suite 35\nHouston, TX 77003\nDear Ms. Wright:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nMay 21, 2021, you requested an interpretation of 49 CFR Part 195. Specifically, you requested\nan interpretation as to the applicability of § 195.1 to a physically disconnected pipeline.\nYou asked if a pipeline has been physically disconnected, cleaned, and purged with nitrogen,\ndoes not cross over, under or through a commercially navigable waterway, no longer transports\nhazardous liquids, and is not intended to be returned to service, then would that pipeline be\nsubject to the 49 CFR Part 195 regulations.\nIf the pipeline is not an offshore pipeline or is an onshore pipeline that does not cross over, under\nor through a commercially navigable waterway, is permanently removed from service, safely\ndisconnected from an operating pipeline system, purged of combustibles, and sealed to minimize\nsafety and environmental hazards, then that pipeline is no longer regulated under the 49 CFR\nPart 195 regulations. Based on the information you provided, the §§ 195.59 and 195.402(c)(10)\nreporting requirements for abandoned offshore pipelines or onshore pipelines that cross over,\nunder or through a commercially navigable waterway do not apply. However, the pipeline\noperator may need to confirm with the U.S. Environmental Protection Agency and the respective\nState regulator for any applicable compliance requirements, including reporting and proof of\nproper physical disconnection work requirements.\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\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\nMay 21, 2021\nVIA U.S. mail and e-mail\nMr. John A. Gale\nDirector, Office of Standards\nand Rulemaking\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Request for Written Regulatory Interpretation\nDear Mr. Gale,\nWe are requesting a written interpretation on behalf of a client, an operator of hazardous\nliquid pipelines. A pipeline has been physically disconnected, cleaned, and purged with\nnitrogen. The pipeline does not cross over, under or through a commercially navigable waterway.\nThe pipeline no longer transports hazardous liquids and is not intended to be returned to service.\nUnder the facts presented, applying the criteria enumerated in Part 195.1, is the pipeline\nno longer covered by 49 CFR 195, and therefore no longer subject to requirements contained in\ntherein?\nThank you for your assistance.\nSincerely,\nCharlene B. Wright\nManaging Member\nWright & Associates\ncwright@wrightfirm.law\n3302 Canal Street, Suite 35, Houston, Texas 77003","truncated":false,"body_characters":3438}