Paradox Pipeline — Pipeline Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 December 8, 2025 Mr. Todd Westcott Paradox Pipeline PO Box 1199 Monticello, UT 84535 Re: Withdrawal of Interpretation Letter PI-23-0011 Dear Mr. Westcott: On April 24, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) responded to your request for an interpretation of the Federal pipeline safety regulations. Specifically, you asked whether certain gathering lines are exempt from the requirements in section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (2020 PIPES Act; Pub. L. 116-260). This letter is to inform you that PHMSA has withdrawn its response to your interpretation request. The withdrawal of the interpretation letter follows notice published by PHMSA on June 18, 2025, rescinding an advisory bulletin (ADB-2021-01) that addressed the requirements in section 114 of the 2020 PIPES Act.1 If we can be of further assistance, please contact Joseph Berry at 720-601-3577. Sincerely, CAMERON H Digitally signed by CAMERON H SATTERTHWAITE SATTERTHWAITE Date: 2025.12.08 13:34:10 -05'00' Cameron H. Satterthwaite Acting Director, Office of Standards and Rulemaking 1 Pipeline Safety: Recission of Advisory Bulletin on Section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020, 90 Fed. Reg. 26,085 (Jun. 18, 2025), available at: https://www.federalregister.gov/documents/2025/06/18/2025-11180/pipeline-safety-recission-of-advisory-bulletin-on-section- 114-of-the-protecting-our-infrastructure The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190- 199) in the form of interpretation letters. These letters reflect the agency’s current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations.#

Page 2U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 26, 2024 Mr. Todd Westcott Paradox Pipeline PO Box 1199 Monticello, UT 84535 Dear Mr. Westcott: In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) you requested an interpretation of the Federal pipeline safety regulations in 49 Code of Federal Regulations (CFR) Part 192 with respect to the requirements in 49 CFR § 192.9. You asked for PHMSA’s clarification regarding requirements for Types B, C, and R gathering pipelines. You asked whether these types of gathering lines are exempt from the self- implementing inspection and maintenance plan requirements in Section 114 of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020, Pub. L. 116- 260). Section 114 of the PIPES Act of 2020 amended the pipeline safety statues at 49 United States Code (U.S.C) 60108. Section 60108(a)(1) requires each person owning or operating a gas pipeline facility or hazardous liquid pipeline to carry out a written inspection and maintenance plan. Section 114 of the PIPES Act of 2020 contains self-executing provisions that require pipeline operators to update these inspection and maintenance plans to address eliminating hazardous leaks and minimizing releases of natural gas. Section 114 also added a requirement that the inspection and maintenance plans address replacement or remediation of pipelines known to leak due to their material, design, or past operating and maintenance history. Owners and operators of regulated gathering lines are subject to the requirements in 49 U.S.C. 60108.1 PHMSA defines Types A, B and C gathering lines as regulated onshore gathering lines in 49 CFR § 192.8(c). Section 192.8(c)(3) specifies that Type R gathering lines are not considered regulated onshore gathering lines under Part 192. 1 See 49 U.S.C. 60101(a)(3) and 60101(a)(21). The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or obligations, and are provided to help the specific requestor understand how to comply with the regulations.#

Page 3Page 2 of 2 The self-implementing requirements in Section 114 of the PIPES Act of 2020, therefore, apply to operators of Types A, B and C gas gathering lines. Such operators are required to have inspection and maintenance plans in accordance with 49 U.S.C. 60108 and update those plans in accordance with the requirements in Section 114 of the PIPES Act of 2020. Type R gas gathering lines are not considered regulated onshore gathering lines and, therefore, are not subject to the requirements in Section 114 of the PIPES Act of 2020. If we can be of further assistance, please contact Tewabe Asebe at 202-366-5523. Sincerely, JOHN A GALE Digitally signed by JOHN A GALE Date: 2024.04.26 09:12:37 -04'00' John A. Gale Director, Office of Standards and Rulemaking The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or obligations, and are provided to help the specific requestor understand how to comply with the regulations.#

Page 4Paradox Resources Paradox Upstream, LLC Paradox Midstream, LLC 500 Dallas Street Suite 1650 Houston, TX 77002 Office of Pipeline Safety (PHP-30) PHMSA U.S. Department of Transportation 1200 New Jersey Avenue SE, Washington, DC 20590-0001 To whom it may concern: I need to get a PHMSA clarification on the applicability of Part 114 regulation as it applies to Type B, C and R regulated gathering pipelines. I have a 2021 inspection with the Pipeline Safety Division of the State of Utah that needs to get closed out and leak detection is an issue that we have questions on. My interpretation of the rules is that type B, C and R pipelines are exempt from these 114 rules. The State of Utah, Office of Pipeline Safety believes that B and C are required to follow part 114 rules and R pipelines are exempt. I have talked to Lane Miller in September of 2021, at a pipeline safety seminar in Salt Lake City Utah and have had correspondence with Sayler Palabrica to get clarification. Sayler suggested that I write this letter. Lane has stated that he believes B, C and R pipeline segments are all exempt from part 114 leak regulation. Please Clarify. Todd Westcott, Paradox Pipeline: PO Box 1199 Monticello, UT 84535 toddwwestcott@gmail.com Mobile 435-220-0021 OPID 39030#