{"operation":"document","citation":"PI-23-0003","title":"Riverfront Exploration, LLC — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-04-12","effective_on":null,"summary":"PI-23-0003 response to Riverfront Exploration, LLC concerning 192.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/77471/riverfront-exploration-pi-23-0003-04-11-2023-part192-8.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 10, 2023\nMs. Jennifer Sebo\nProduction Tech\nRiverfront Exploration, LLC\n109 North 6th Street\nFort Smith, AR 72901\nDear Ms. Sebo:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nNovember 7, 2022, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 192.8 for the Riverfront Exploration, LLC\n(Riverfront) Washburn Creek 6-inch diameter and Fort Chaffee 2-inch diameter natural gas\npipelines (Riverfront pipelines) in the state of Arkansas.\nYou stated the Fort Chaffee 2-inch diameter pipeline has a maximum allowable operating\npressure (MAOP) of 1,200 pounds per square inch gauge (psig) and operates at 17.57 percent\nspecified minimum yield strength (SMYS). You stated the pipeline is in a Class 1 location and is\nnot in a high consequence area (HCA). You stated the pipeline is 216 feet long from the\ncompressor station to its connection to Blackbear transmission line. You stated the Washburn\nCreek 6-inch diameter pipeline has an MAOP of 1,000 psig and operates above 20 percent\nSMYS. You stated the pipeline is in Class 1 location and is not in a HCA. You stated the\npipeline is 0.877 miles long from the compressor station to its connection to the Enable\nTransmission Line. Based on the information you provided, both Riverfront pipelines upstream\nof the compressor stations are connected to wells as gathering lines. You stated that both\nRiverfront pipelines are currently regulated as transmission pipelines. However, you ask\nPHMSA whether the pipelines qualify as Type R gathering pipelines.\nIn an e-mail dated February 6, 2023, PHMSA asked Riverfront Exploration, “[s]ince the\ntransmission line definition did not change what makes the pipeline gathering of any type? What\nmade the pipeline to be designated as transmission in the first place?”\nOn the same day you responded to PHMSA stating that both the Fort Chaffee and the Washburn\npipelines were designated as transmission lines by previous operators before Riverfront acquired\nthem and, therefore, you could not speak on their behalf of why they determined these pipelines\nas transmission 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 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\nTable 1 to Paragraph(c)(2) of § 192.8 in the November 15, 2021[86 FR 63296], Safety of Gas\nGathering Pipelines final rule describes Type R pipelines as onshore pipelines in Class 1 and\nClass 2 locations that do not meet the Type A, Type B or Type C criteria.\nPer § 192.8(a)(5), new, replaced, relocated or otherwise changed gas gathering pipelines installed\nafter May 16, 2022, the endpoint of gathering under sections 2.2(a)(1)(E) and 2.2.1.2.6 of API\nRP 80 (incorporated by reference, see § 192.7)—also known as ‘‘incidental gathering’’—may\nnot be used if the pipeline terminates 10 or more miles downstream from the furthermost\ndownstream endpoint as defined in paragraphs 2.2(a)(1)(A) through (a)(1)(D) of API RP 80.\nPursuant to § 192.8(c)(3), a Type R gathering line is subject to reporting requirements under\n49 CFR Part 191 and is not considered a regulated onshore gathering line under 49 CFR Part\n192.\nBased on the information you provided, the Riverfront pipelines are less than 8.625-inches in\ndiameter, operate in Class 1 locations, and are less than 10 miles long from the furthermost\ndownstream endpoint to the gas transmission pipelines. Therefore, PHMSA agrees with your\nassessment that the two Riverfront pipelines meet the definition of a Type R gathering pipeline\nand are subject to the 49 CFR Part 191 reporting 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\nAttachments\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\nRIVERFRONT\nEXPLORATION\nNovember 7th\n, 2022\nPipeline and Hazardous Materials Safety Administration\nOffice of Standards and Rulemaking\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nUnited States\nRe: Riverfront Exploration, LLC. Request for Written Regulatory Interpretation\nRiverfront Exploration, LLC is requesting a written regulatory interpretation on two of its natural gas\npipelines in Arkansas being the Washburn Creek 6.625 inch line and the Fort Chaffee 2.375 inch line\nrelative to the following reporting and Regulations:\n1.) 49 CFR Part 192 Gas Gathering Line Definition for Onshore Gas Gathering lines and Pipeline\nSafety:\n2.) Safety of Gas Gathering Pipeline; Extension of Reporting requirement\n3.) Regulation of Large, High-Pressure Lines, and Other Related Amendments\n4.) New Safety Standards, Final Rule,\n5.) Federal Register, Vol 86, No. 217 November 15,2021,\n6.) The Latest definitions in API RP 80 March 2020.\nBased on the above referenced regulations and according to the definition of API RP 80 The Washburn\nCreek 6.625 inch line and the Fort Chafee 2.375 inch line both said lines would be considered incidental\nGathering Type R reporting lines on May 16th 2022.\n\"As Illustrated in Figure 8 of section 4.3.2.5 of API RP 80 In the case of gas processing or gas treatment,\nthe connection to a transmission line may have to move the gas through a pipeline an additional\ndistance from the outlet of the plant to a transmission pipeline. The pipeline moving the gas from the\nplant to another pipeline is termed incidental gathering. The incidental gathering begins at the plant\noutlet and ends at the other pipeline connections. Incidental gathering may also occur when a\ncompressor is a potential end point or when the point of last commingling is the last identified end\npoint. From a functional standpoint, the section of incidental gathering line is no different from the rest\nof the gathering system. The definition recognizes that gathering may continue downstream from the\nlast end point identified by processing, treatment, commingling, or compression activities to the\nconnection with another pipeline.\"\n\n<<<PAGE 4>>>\n\nRiverfronts Fort Chaffee and Washburn Creek's endpoint is at a compressor station then they both\ndirectly connect to a transmission line; the Washburn Creek is under one mile of line and the Fort\nChaffee is only 216 feet long.\nF urthermost\nOownstream\nPoint\nIn Produdlon\nOp«!nation\nTransmls$lon\ncrDfslrblUon\n.,.__p lne\nF urthen\"IKl$l DC1'11Yn$1r'hm Gas\nProdl.tdion /\nProcNslng Plant, Gm Trealmtnt\nO peration ~--- Fadllly, Gu Oornpnmlan. or ...,.....,._...,;;;i,.\nPoint of Last Commlngllng\nGalhedng\nFunclien\nFi ure 8-lnctdental Gathering Downstream of an Identified End point\nFort Chaffee's 2-inch line leaves the compressor site and has a .041 miles (216 Feet long)\npipeline that has a MAOP of 1200 which then connects to Merits Meter then to Blackbear's\nTransmission line. This line operates at 17.57% of SMYS. Class 1 with no HCA areas.\nWashburn Creek's 6-inch line leaves the compressor site and .877 miles (under 1 mile) away it\nconnects to Enable's Transmission line. The pipeline does operate over 20% of SMYS at 33.88%\nand has a MAOP of 1000. This line operates at daily pressure of 750 or less. It is a Class 1 line\nwith no HCA' s.\nBoth of these lines based on current and previous PHMSA interpretations (Pl-09-008 July 30,2009 and\nPO-09-002 July 14,2009) incidental gathering designations were permissible due to what was considered\na drafting error.\nPHSMA Final Rule\nVol 86 No 217 provides the following new rule definition/ guidelines.\n192.8 How are onshore gathering pipelines and regulated onshore gathering pipeline determined?\n(a) * * * (5) For new, replaced, relocated, or otherwise changed gas gathering pipelines installed after\nMay 16, 2022, the endpoint of gathering under sections 2.2(a)(1)(E) and 2.2.1.2.6 of API RP 80\n(incorporated by reference, see§ 192.7)-also known as \"incidental gathering\"-may not be used if the\npipeline terminates 10 or more miles downstream from the furthermost downstream endpoint as\ndefined in paragraphs 2.2(a)(l)(A) through (a)(l)(D) of API RP 80 (incorporated by reference, see§\n192.7) and this section. If an \"incidental gathering\" pipeline is 10 miles or more in length, the entire\nportion of the pipeline that is designated as an incidental gathering line under 2.2(a)(1)(E) and 2.2.1.2.6\nof API RP 80 shall be classified as a transmission pipeline subject to all applicable regulations in this\nchapter for transmission pipelines. (b) Each operator must determine and maintain for the life of the\npipeline records documenting the methodology by which it calculated the beginning and end points of\neach onshore gathering pipeline it operates, as described in the second column of table 1 to paragraph\n\n<<<PAGE 5>>>\n\n(c)(2) of this section, by: (1) November 16, 2022, or before the pipeline is placed into operation,\nwhichever is later;\nTABLE 1 TO PARAGRAPH (c)(2)\nType Faatunl Area Additional safety buffer\n-Metallic llnd lhe MAOP produces a\nhoop strel$ of 20 pen:ent o, more of\nSMYS.\n-II stmss level Is unlcnown, an op-\nerator rm,st detannlne the ltnlSI level\naccacdlng to the applcable provisions\nln aubpa,t C of lhls part.\n--Non-metatllc and .lhe MAOP Is more\nthan 125 psfg (862 kPa).\nUte and Iha MAOP p,oduces a\nnoap llfeSs of less than 20 percent of\nSMYS. If 1h11 slleU level la unknown,\nan opera1« must datannlna Iha 8ll8SS\nlevel according to lhe applicable pro-\nYlslons In subpart C ol his pall\n--Non-mellllllo and Iha MA.OP Is 125\npslg (882 kPa) or less.\nCius 2, 8, or 4 locaJlon (SH§ 192.5) ... None.\nAma 1. Class 3, or 4 loeallon ................ .\nAma 2. An 8Rl8 wlllln a Class 2 loca•\nlion th• q:,endOr delennlnes by using\nany of the folowlng 11,ree methods:\n(a) A CU 2 focatlon;\n(b) An area extandlng 150 feet (45.7 m)\nen each sk1G ot Iha cantarlne of any\naintlnuous 1 mile (1.6 km) of plpeb\n8'ld lnduding mOl'l!I than 10 but fewer\nhln 48 dwolllngg; or\n(c) All area extending 150 feet (45.7 m}\nen each side of the canterlne of any\na>ntlnuous 1000 feet (305 m) of pipe-\nIna and Including 5 or m019 dwallngs.\naua 1 tocadon ......................... ·-·······-·\n11 tho !Jalherlng plpelne Is In Area 2(b)\nor 2(c), Iha eddltlonal leAg1hs ol line\nextend upsw.al'l'I and downstrNm\nfn>m 1he ama to a point where 1h11\nline Is at least 150 feet (45.7 m) fram\nlhe nearest dwelllng In the area.\nHowever, If a clultar of dwltltngs rn\nArea 2(b} or 2(c) qua!IIIIIS a plpeh\nas Type B, the Type B du$lllcallOn\nendi; 1eG feel (45.7 m) from the \"\"\"\"\nest dnlng n Iha Cluster.\nOulsld• diameter groatar than or ~\nto 8.825 lnohn and any of the tel•\nlowing:\n-Molalllc end Iha MAOP producas a\nhocp &tress of 20 perroant or more of\nSMYS;\n-11 Ille 11r8Ss IIM,I Is unknown. sag•\nmant la m8'allc and the MAOP Is\nmoni than 125 pslg (862 kPa); or\n-Non-matallc and th& MAOP la fflMI\nthan 125 pslg {862 lkPa).\n-All o1her onllhllRI gathering Ines •••.•••• Ncne.\nClass 1 and crass 2 1oea11ons ................ None.\nRiverfront is requesting its previously classified transmission lines receive a new interpretation following\nthe guidelines for determination both Class 1 lines that are under 8.625 in diameter and under 10 miles\nresulting in Reclassing as Type R. Incidental Gathering.\nPlease give me a call with any questions you may have regarding this request.\nThank you,\nProduction Tech\nRIVERFRONT EXPLORATION, LLC\n109 North 6th * Fort Smith, Arkansas 72901\nPhone 479-242-8426 * Fax 479-783-1158","truncated":false,"body_characters":12482}