{"operation":"document","citation":"PI-23-0002","title":"Illinois Commerce Commission — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-04-17","effective_on":null,"summary":"PI-23-0002 response to Illinois Commerce Commission concerning 195.0.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/77481/illinois-commerce-commission-pi-23-0002-04-14-2023-part1950.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 13, 2023\nMr. Matthew L. Harvey\nDeputy General Counsel\nOffice of General Counsel\nIllinois Commerce Commission\n160 N. La Salle St., Ste. C-800\nChicago, IL 60601\nDear Mr. Harvey:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nJanuary 10, 2023, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 195 with respect to its applicability to a proposed\ncarbon dioxide pipeline within the state of Illinois.\nYou stated a pipeline operator seeks a certificate under the Illinois Carbon Dioxide\nTransportation and Sequestration Act to construct a pipeline which will be used to transport\ncarbon dioxide to a sequestration site within Illinois. You stated the applicant informed you the\npipeline will be transporting at least 98 percent carbon dioxide in a fluid state and will be\ncompressed to a supercritical state, and that the carbon dioxide will maintain the 98 percent\nconcentration level and the fluid state throughout the pipeline system. You ask whether:\nQuestion 1: PHMSA regulates the safety of interstate pipelines carrying shipment of\ncarbon dioxide under 49 CFR Part 192, Part 195, or under any other statute or regulation;\nand\nQuestion 2: If the answer to PHMSA’s first question is yes, the extent and the frequency\nof safety inspections, record audits or field audits of such a pipeline.\nTo answer your questions the scope and definition of Part 195 for carbon dioxide are reprinted\nbelow.\nThe scope of 49 CFR Part 195 states:\n49 CFR § 195.0 This part prescribes safety standards and reporting requirements for\npipeline facilities used in the transportation of hazardous liquids or carbon dioxide.\nCarbon dioxide is defined in 49 CFR § 195.2 as:\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\nPage 2 of 2\nCarbon dioxide means a fluid consisting of more than 90 percent carbon dioxide\nmolecules compressed to a supercritical state.\nBased on the above scope and definition of Part 195, PHMSA’s responses to your questions are\nas follows:\nResponse to Question 1: Yes, per statutory authority (49 U.S.C. § 60101 et seq.),\nPHMSA regulates the transportation of carbon dioxide by pipeline under 49 CFR\nPart 195 if the carbon dioxide consists of more than 90 percent of the composition in a\nsupercritical state.\nResponse to Question 2: PHMSA uses an integrated inspection process utilizing risk\ninformation and data to better focus inspection resources on higher risk facilities and\nareas of concern. By using information data about a specific pipeline system, PHMSA\ncan identify regulatory requirements that will have the highest priority during an\ninspection. This data-driven process allows PHMSA to focus inspection resources on\nregulatory provisions which address the greatest identified risks and concerns.1 While\nPHMSA serves as the federal pipeline safety regulator, pipeline operators must know,\nunderstand, and manage the risks associated with their own pipeline facilities. An\noperator is required to meet all applicable 49 CFR Part 195 requirements that include:\nannual accident and safety related condition reporting, design, construction, pressure\ntesting, operation and maintenance, qualification of pipeline personnel, and corrosion\ncontrol.\nThe state of Illinois is not participating in federal and state cooperative partnership for hazardous\nliquid (49 CFR Part 195) pipelines. Therefore, PHMSA performs the safety inspections\n(including design and construction of new pipelines), record audits or field audits of such\npipelines within the state of Illinois. The pipeline operator is responsible for safely operating its\npipelines and for meeting the 49 CFR Part 195 requirements to maintain pipeline safety.\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\nAttachments\n1 For additional details regarding PHMSA’s inspection process, see https://www.phmsa.dot.gov/regulatory-\ncompliance/pipeline/field-operations-overview.The 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\nSTATE OF ILLINOIS\nILLINOIS COMMERCE COMMISSION\nOFFICE OF GENERAL COUNSEL\nJanuary 10, 2023\nAngela Pickett\nCommunity Liaison\nOperations and Standards, Central Region\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n901 Locust, Kansas City, MO 64106\nOffice of Pipeline Safety (PHP-30)\nPHMSA, U.S. Department of Transportation\n1200 New Jersey Avenue SE., Washington, DC 20590-0001\nVia electronic mail to angela.pickett@dot.gov; phmsa.pipelinesafety@dot.gov\nRe: PHMSA regulation and inspection with respect to pipelines used for shipment of\ncarbon dioxide\nDear Ms. Pickett:\nI write to you for the purpose of obtaining a written regulatory interpretation under\n49 C.F.R. §190.11 from the Pipeline and Hazardous Materials Safety Administration\n(“PHMSA”) regarding a matter currently pending before the Illinois Commerce\nCommission (“ICC”), which has been assigned ICC Docket Number 22-0497. A pipeline\noperator (“Applicant”) seeks a certificate under the Illinois Carbon Dioxide Transportation\nand Sequestration Act (“CO2 Act”; 220 ILCS 75/1, et seq.) to construct a pipeline which\nwill be used to transport carbon dioxide (“CO2\n”) to a sequestration site within Illinois.\nBased on the information currently available to the ICC Staff and the public, the pipeline\nin question will be jurisdictionally interstate. The Applicant states that “[t]he product\ntransported by the pipeline will be at least 98% carbon dioxide in a fluid state and will [be]\ncompressed to a supercritical state. The carbon dioxide will maintain the 98%\nconcentration level and the fluid state throughout the pipeline system.” (Applicant Ex.\n6.2, 6.) The Applicant also states that “[b]ecause the segments of pipeline will be\ntransporting carbon dioxide, at least part of the time, in its supercritical state, it is within\nthe pipeline safety jurisdiction of PHMSA, an agency within the USDOT.” Id. at 2. The\nApplicant further states that “the definition of ‘carbon dioxide’ in the PHMSA regulations\nis ‘a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a\n160 N. La Salle St., Ste. C-800, Chicago, Illinois 60601\n\n<<<PAGE 4>>>\n\nsupercritical state’ (emphasis added), not ‘maintained’ in a supercritical state. 49 C.F.R.\n§195.2.” Id.\nThe ICC Staff respectfully requests a written regulatory interpretation from PHMSA\nregarding the following questions:\n1. Whether PHMSA regulates the safety of interstate pipelines carrying shipment of\ncarbon dioxide under 49 C.F.R. Part 192, Part 195, or under any other statute or\nregulation; and\n2. Whether, to what extent, and with what frequency PHMSA conducts safety\ninspections, record audits or field audits of such a pipeline.\nPlease advise whether PHMSA requires additional information to provide a written\nregulatory interpretation in response to this request. My name, address and telephone\nnumber are as set forth below.\nThank you for your prompt attention to this matter.\nSincerely,\n___________________________\nMatthew L. Harvey\nDeputy General Counsel\nOffice of General Counsel\nIllinois Commerce Commission\n160 N. La Salle St., Ste. C-800\nChicago, IL 60601\n312 / 793-3243\nmatthew.harvey@illinois.gov\nMichael Merchant, Executive Director, ICC\nNatalia Delgado, General Counsel, ICC\nDr. James Zolnierek, Chief, Public Utilities Bureau, ICC\n(all via e-mail)\n2","truncated":false,"body_characters":8618}