{"operation":"document","citation":"PI-23-0004","title":"Integrity Plus — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-04-25","effective_on":null,"summary":"PI-23-0004 response to Integrity Plus concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/77531/integrity-plus-pi-23-0004-04-17-2023-part1951.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 17, 2023\nMr. Pat Westrick\nDirector of Integrity Management Services\nIntegrity Plus\n2627 Redwing Road\nSuite 100\nFort Collins, CO 80526\nDear Mr. Westrick:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nOctober 5, 20221, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 195 with respect to application of certain exceptions\nunder § 195.1(b) to your pipeline facility.\nYou stated you are requesting an interpretation on behalf of your client Sasol Chemicals USA\nLLC (“Sasol”) located in Westlake, Louisiana. You stated currently the facility operates six\npipelines that travel from the Sasol plant through the adjacent Phillips 66 refinery to a Phillips 66\nvessel terminal facility port located on the Calcasieu River. You stated all six of the pipelines\nare low stress pipelines operating below 20 percent of the specified minimum yield strength of\nthe pipe. You stated that all six pipelines cross the Old Spanish Trail Road for 70 feet between\nthe Sasol facility and the Phillips 66 refinery. You stated the pipelines then travel from 1.68 to\n1.77 miles (depending on the pipeline) through the Phillips 66 refinery with numerous valves\nlocated within the refinery. You stated when required per Sasol and Phillips 66 operating\nprocedures, Phillips 66 personnel are authorized to operate the Sasol pipeline valves within the\nrefinery.\nYou stated after the pipelines leave the Phillips 66 refinery, they travel south for 0.32 miles\nbefore entering the Phillips 66 terminal where they travel another 0.18 miles before they become\nregulated by the U.S. Coast Guard for the remaining 0.26 to 0.60 miles. You noted the pipelines\ntravel less than one mile to the terminal after leaving the Phillips 66 refinery and do not cross a\ncommercially navigable waterway. You provided a table and a map as a summary.\nYou asked PHMSA if the pipelines qualify for either the exception for low-stress pipelines\nserving a vessel terminal if the pipeline is less than one mile long and does not cross a waterway\n1 The request was received to PHMSA on January 17, 2023.\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\nused for commercial navigation, as described in § 195.1(b)(3)(ii), or for transportation of\nhazardous liquid or carbon dioxide through refining facilities as described in § 195.1(b)(8).\nOn January 27, 2023, PHMSA requested additional information, and you responded to PHMSA\non March 3, 2023. One of PHMSA’s questions was whether Sasol’s products are processed\nand/or refined at the Phillips 66 refinery before entering the marine terminal. You responded\nstating that the refinery does not process any material transported by these pipelines, and that the\nonly pipelines having any interaction with the Phillips 66 refinery are the heavy paraffin #24 and\nlight paraffin #8 pipelines that connect to tanks within the Phillips 66 refinery, where Sasol\nproducts may be stored for re-origination on the same pipelines.\nBased on the information you have provided, the Sasol pipelines from the Sasol facility to the\nmarine terminal or the U.S. Coast Guard regulation line are longer than the one-mile limit for the\n§ 195.1(b)(3)(ii) exception. In addition, the § 195.1(b)(8) exception does not apply because the\npipelines only traverse the Philips 66 refinery, the pipelines do not transport hazardous liquid or\ncarbon dioxide through the refining facilities at the Phillips 66 refinery. Therefore, the Sasol\npipelines are regulated pipelines under the § 195.1(a) 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 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\n1 of 3\nOctober 5, 2022\nJohn Gale\nDirector, Standards and Rulemaking\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Sasol – Lake Charles Chemical Plant 49 C.F.R. § 195 Interpretation Request\nMr. John Gale\nWe are writing on behalf of our client, Sasol Chemicals (USA) LLC (“Sasol”), to request a written regulatory\ninterpretation regarding the application of an exception from 49 C.F.R. Part § 195. The Sasol Chemical\nfacility, located in Westlake, Louisiana, currently operates six pipelines that travel from the Sasol plant\nthrough the adjacent Phillips 66 refinery to a Phillips 66 vessel terminal facility port located on the\nCalcasieu River. All six of the pipelines are low stress, operating below 20% of the specified minimum yield\nstrength of the pipe, travel less than one mile to the terminal after leaving the Phillips 66 refinery and do\nnot cross a commercially navigable waterway. These pipelines are also subject the Sasol Process Safety\nManagement (PSM) program.\nThe relevant section of Part § 195 Sasol is seeking an interpretation for is 49 C.F.R. § 195.1(b)\n(b) Excepted. This part does not apply to any of the following:\n…\n(3) Transportation of a hazardous liquid through any of the following low-stress\npipelines:\n(ii) A pipeline that serves refining, manufacturing, or truck, rail, or vessel terminal\nfacilities, if the pipeline is less than one mile long (measured outside facility grounds)\nand does not cross an offshore area or a waterway currently used for commercial\nnavigation;\n…\n(8) Transportation of hazardous liquid or carbon dioxide through onshore production\n(including flow lines), refining, or manufacturing facilities or storage or in-plant piping\nsystems associated with such facilities;\n…\nColorado, USA\n\n<<<PAGE 4>>>\n\n2 of 3\nThe pipelines transport hazardous liquid products to and from the Phillips 66 terminal facility. After the\npipelines leave the Sasol facility, they cross the Old Spanish Trail Road for a distance of 70’ and enter the\nPhillips 66 refinery. While in the refinery they travel from 1.68 to 1.77 miles (depending on the pipeline)\nthrough the Phillips 66 refinery with numerous valves located within the refinery. Phillips 66 personnel\nare authorized to operate the Sasol pipeline valves within the refinery when required per Sasol and Phillips\n66 operating procedures. After the pipelines leave the Phillips 66 refinery, they travel south for 0.32 miles\nbefore entering the Phillips 66 terminal where they travel another 0.18 miles before they become\nregulated by the U.S. Coast Guard for the remaining .26 to .60 miles, see Table 1 and Map A at the end of\nthis document for a summary.\nSasol is requesting guidance from PHMSA if the pipelines qualify for an exception under the fact that they\n“serve” a vessel terminal as described in § 195.1(b)(3)(ii) and transport “through” a refinery as described\nin § 195.1(b)(8). If an exception is granted the pipelines would become regulated by the U.S. Coast Guard\nfrom the point the pipelines leave the Phillips 66 refinery to the Phillips 66 terminal and the remainder\ninside the Phillips 66 refinery would be considered in-plant piping and remain subject to Sasol’s PSM\nprogram.\nPlease feel free to contact me at Pat.Westrick@ncintegrityplus.com with any questions or need for\nclarification regarding this request for written interpretation. We appreciate your time and consideration.\nKind regards,\nPat Westrick\nDirector of Integrity Management Services for Integrity Plus\n\n<<<PAGE 5>>>\n\n3 of 3\nPipeline Name Nominal\nDiameter\nMiles in\nPhillips\nRefinery\nMiles\nOutside\nFacility\nMiles in Phillips\nTerminal - PHMSA\nRegulated\nMiles in Phillips\nTerminal – U.S. Coast\nGuard Regulated\nA - Heavy Parafins #24 4” 1.68 0.32 0.18 0.59\nB - LAB #9 6” 1.78 0.32 0.18 0.60\nC - Light Parafin #8 4” 1.71 0.32 0.18 0.59\nD - LINPAR #5 6” 1.77 0.32 0.18 0.26\nE - Liquid Solvent #31A 6” 1.77 0.32 0.18 0.26\nF - Molex Kerosene #16 8” 1.77 0.32 0.18 0.26\nTable 1\nMap A","truncated":false,"body_characters":8977}