{"operation":"document","citation":"PI-23-0006","title":"Kinder Morgan Operation Support Group — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-05-13","effective_on":null,"summary":"PI-23-0006 response to Kinder Morgan Operation Support Group concerning 192.612.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0006","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/Kinder-Morgan-PI-23-0006-05-02-2024-Part192.612.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration May 13, 2024\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMr. Jaime Hernandez\nDirector, Engineering Codes and Standards\nKinder Morgan Operation Support Group\n1001 Louisiana Street\nHouston, TX 77002\nDear Mr. Hernandez:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nFebruary 8, 2023, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 192 with respect to the applicability of § 192.612 to\nyour Tejas 520-200 30-inch diameter and Tejas 520-213 14-inch diameter pipelines (Tejas\nPipelines) that cross the San Jacinto River.\nYou stated that on May 24, 2022, a tugboat had exposed the Tejas Pipelines. You investigated\nthe incident and determined that the event was not reportable and was not a safety-related\ncondition. In addition, you determined that the Tejas Pipelines do not fall within the\napplicability of § 192.612 for underwater inspection and reburial of pipelines in the Gulf of\nMexico and its inlets.\nOn January 19, 2023, the Texas Railroad Commission (TRRC) informed you that TRRC\nbelieved the Tejas Pipelines fall within the scope of § 192.612. However, you asserted that the\nTejas Pipelines do not fall within the scope of § 192.612 because they are not located within the\nGulf of Mexico and its inlets for several reasons. First, you stated the location of the Tejas\nPipelines is not an inlet to the Gulf of Mexico because it is separated from the Gulf of Mexico by\nmultiple bodies of water, including the San Jacinto River, Tabbs Bay, Trinity Bay and Galveston\nBay. Second, you stated that the location in question is not open directly to the sea because it is\nseparated from the Gulf of Mexico by the bodies of water listed above, including Galveston Bay.\nIn addition, you stated that Galveston Bay is the inlet to the Gulf of Mexico, not any bodies of\nwater farther upstream. You also provided overview maps of the location of the Tejas Pipelines\nand requested an interpretation as to the applicability § 192.612 to the Tejas Pipelines.\nSection 192.612 requires underwater inspection and reburial of pipelines in the Gulf of Mexico\nand its inlets. The Gulf of Mexico and its inlets are defined in § 192.3 to mean “the waters from\nthe mean high water mark of the coast of the Gulf of Mexico and its inlets open to the sea\n(excluding rivers, tidal marshes, lakes, and canals) seaward to include the territorial sea and\nOuter Continental Shelf to a depth of 15 feet (4.6 meters), as measured from the mean low\nwater” (emphasis added). The Tejas Pipelines do not fall within the scope of § 192.612 because\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 3\naccording to the maps provided, they cross the San Jacinto River. Rivers are excluded from the\ndefinition of the Gulf of Mexico and its inlets.\nFor additional background and reference, PHMSA adopted § 192.612(a) in 1991 requiring each\noperator to conduct an underwater inspection of its pipelines in the Gulf of Mexico and its\ninlets.\n1 As PHMSA explained at the time, the rule was in response to a number of significant\npipeline accidents involving natural gas and hazardous liquid pipelines buried in shallow waters\nthat were struck by fishing and other vessels. On July 24, 1987, a fishing vessel struck and\nruptured an 8-inch diameter natural gas liquid pipeline while maneuvering in shallow waters\nresulting in the deaths of two crew members. The pipeline originally had been buried, but due to\nsubstantial erosion, the pipeline reportedly was exposed at the time of the incident. On October\n3, 1989, a fishing vessel struck a gas transmission pipeline, resulting in the death of eleven of\nfourteen crew members. An investigation of the incident determined the pipeline had become\nexposed.\nWith that regulatory background in mind, the May 24, 2022, tugboat exposure suggests the Tejas\nPipelines may potentially face similar exposure risks as pipelines in the Gulf of Mexico and its\ninlets. Therefore, while the Tejas Pipelines may not fall within the scope of § 192.612, the\npipeline operator is responsible for safely operating its pipelines and for meeting other applicable\n49 CFR Part 192 requirements to maintain pipeline safety PHMSA recommends you determine\nif the exposure poses a safety hazard, and if so, promptly take any actions necessary to ensure\npipeline safety, including if appropriate, to notify the NRC, mark the location, and bury the\npipeline so that exposure does not present a hazard.\n1 Inspection and Burial of Offshore Gas and Hazardous Liquid Pipelines, Final Rule, 56 FR 63764 (Dec. 5, 1991);\nPipeline Safety: Periodic Underwater Inspections, Final Rule, 69 FR 48400 (Aug. 10, 2004).\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\nPage 3 of 3\nIn addition, PHMSA reminds you that § 192.613(a) and (b), which are applicable to all gas\npipelines regulated under 49 CFR Part 192, require an operator to have and implement\ncontinuing surveillance procedures and take appropriate action to address, among other things,\n“unusual operating and maintenance conditions.” Further, 192.703(b) requires operators to\nreplace, repair, or remove unsafe pipeline segments.” The location of this pipeline is in the\nwaters of the “Houston Ship Channel.” Ships and barges travel through this area and a pipeline\nwith inadequate soil cover and depth below the water’s bottom would likely be a condition\nrequiring appropriate action or it may be unsafe.\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 4>>>\n\n[Delivery Method - via e-mail]\nFebruary 8, 2023\nOffice of Pipeline Safety (PHP-30)\nPHMSA\nU.S. Department of Transportation\n1200 New Jersey Avenue SE., Washington, DC 20590-0001\nEmail: PHMSA.pipelinesafety@dot.gov\nRe: Interpretation request for Part 192.612.\nPursuant to 49 CFR 190.11(b) Kinder Morgan Tejas Pipeline LLC (Tejas) is\nrequesting a formal interpretation from the Pipeline and Hazardous Material Safety\nAdministration (PHMSA) regarding the applicability of 192.612 for following Tejas\npipelines:\n• Tejas 520-200 30”\n• Tejas 520-213 14”.\nOn May 24th, 2022 Tejas was notified that a tugboat had exposed both of the\npreviously mentioned lines. Consequently, Tejas investigated the incident from a pipeline\nsafety perspective. After careful consideration, it was determined that the event was not\nreportable from an incident nor Safety Related Condition (SRC) perspective. In addition,\nTejas assessed the applicability of the lines in question under 192.612 Underwater\nInspection and Reburial of Pipeline in the Gulf of Mexico and its Inlets and concluded that\nthe aforementioned section of the code was not applicable.\nFollowing conversations and correspondence with the Texas Railroad Commission\n(TRRC), on January 19, 2023, the TRRC alleging that the Tejas “had not reburied\nexposed pipelines in the Gulf of Mexico and its inlets after discovery to the specified\ndepth” and “requesting that Kinder Morgan Tejas Pipeline obtain an interpretation from\nPHMSA on the specified pipeline location determining whether or not the pipeline location\nis within an inlet of the Gulf of Mexico.”\nAccordingly, Tejas is submitting this request for interpretation to PHMSA. Tejas seeks\nconcurrence from PHMSA that the lines in question are not in the Gulf of Mexico or its\ninlets for the following reasons:\nPHMSA and the TRRC define “Gulf of Mexico and its inlets” as:\n\n<<<PAGE 5>>>\n\nGulf of Mexico and its inlets means the waters from the mean high water mark\nof the coast of the Gulf of Mexico and its inlets open to the sea (excluding\nrivers, tidal marshes, lakes, and canals) seaward to include the territorial sea\nand Outer Continental Shelf to a depth of 15 feet (4.6 meters), as measured\nfrom the mean low water\n49 CFR §192. 3, adopted by reference in 16 TAC 8.1(b)(1).\nTejas 520-200 30” Line from Station 4 to I-45\nThe segment of this line in question is located at 29.706233, -95.050648 as depicted\nbelow with the pink dot:\nA closer image shows that the location marked with the pink cross is part of the channel\nof the San Jacinto River and that the lower part of the river separates this area from\nGalveston Bay.\n\n<<<PAGE 6>>>\n\nAs you can see from the maps, the location in question does not meet the definition of\n“Gulf of Mexico and its inlets” for two reasons:\n1. The location is not an “inlet” to the Gulf of Mexico and is separated from the Gulf\nof Mexico by multiple bodies of water, including the San Jacinto River, Tabbs Bay,\nTrinity Bay and Galveston Bay. Galveston Bay, and not the bodies of water\nupstream of it, is the “inlet” to the Gulf of Mexico.\n2. As shown on the map, the location in question is not “open directly to the sea”\nbecause it is separated from the Gulf of Mexico by the bodies of water listed above\nincluding Galveston Bay.\nTejas’ conclusion that this location is not part of the “Gulf of Mexico and its inlets” is\nentirely consistent with the regulatory definition.\nTejas 520-213 Line Deer Park 14”\nThis line is in the same area as the line discussed above, running parallel to the 30” line\nand therefore, the same logic applies to this location. In addition, the 14” line is not in\nservice and Tejas is in the process of abandoning that line.\nTejas strives to operate a safe pipeline system and to be in compliance with state and\nfederal regulations. We respectfully request a formal interpretation as to whether the\npipelines involved should be considered the Gulf and its inlets based on the location and\nthe definition found in 49 CFR 192.3.\n\n<<<PAGE 7>>>\n\nShould you have any further questions or require any clarification, please feel free to\ncontact me at (713)-369-9443 or Jorge Lopez, Manager Engineering, at (713)-420-4675.\nSincerely,\nJaime Hernandez\nDirector, Engineering –Codes and Standards\nKinder Morgan Operation Support Group\n1001 Louisiana Street Houston, TX, 77002\nCC: safety@rrc.texas.gov","truncated":false,"body_characters":11641}