{"operation":"document","citation":"PI-23-0018","title":"State of Washington Utilities and Transportation Commission Regulatory — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-03-27","effective_on":null,"summary":"PI-23-0018 response to State of Washington Utilities and Transportation Commission Regulatory concerning 193.2019.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-03/Washington-UTC-PI-23-0018-03-22-2024-Part193.2019.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 25, 2024\nMr. Scott Rukke\nPipeline Safety Director\nState of Washington\nUtilities and Transportation Commission\nP.O. Box 47250\nOlympia, WA 98504-7250\nDear Mr. Rukke:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nOctober 24, 2023, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (C.F.R.) Part 193 with respect to the requirements for mobile\nand temporary liquefied natural gas (LNG) facilities under 49 C.F.R. § 193.2019.\nYou stated § 193.2019(a) does not require mobile and temporary LNG facilities to comply with\nPart 193 requirements if they are in compliance with the applicable sections of the 2001 edition\nof NFPA-59A (NFPA-59A-2001). You asked whether § 193.2019(a) references only Section\n2.3.4 or all sections of NFPA-59A-2001 that could be applicable to a mobile or temporary LNG\nfacility. Also, you asked, if sections other than Section 2.3.4 are applicable, whether Section\n10.15.3.6.2(c), for instance, would be considered an applicable section if an LNG tanker truck\nwas used to deliver and offload LNG at a mobile or temporary LNG facility?\nThe applicable regulatory language is reprinted below.\n§ 193.2019 Mobile and temporary LNG facilities.\n(a) Mobile and temporary LNG facilities for peakshaving application, for\nservice maintenance during gas pipeline systems repair/alteration, or for\nother short term applications need not meet the requirements of this part if\nthe facilities are in compliance with applicable sections of NFPA–59A–\n2001 (incorporated by reference, see § 193.2013).\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\nYou asked PHMSA the following questions and PHMSA’s response follows each question.\nQuestion 1: Whether reference to “applicable sections” refers only to NFPA-59A-2001\nSection 2.3.4, which is specific to mobile and temporary LNG facilities, or if it includes\nall sections of NFPA that could be applicable to a mobile or temporary LNG facility?\nResponse: PHMSA1 published a Direct Final Rule on February 25, 1997, that amended\n49 C.F.R. Part 193 to add § 193.2019, which incorporated safety requirements for mobile\nand temporary LNG facilities by reference to NFPA 59A (1996 edition) (First Direct\nFinal Rule).\n2 In the First Direct Final Rule, PHMSA incorporated by reference NFPA-\n59A-1996 Section 2.3.4, which contained requirements for mobile and temporary LNG\nfacilities, and removed the requirement for operators to request a waiver of Part 193\nrequirements for these types of facilities, if the operator complied with NFPA-59A-1996\nSection 2-3.4. On August 1, 1997, PHMSA issued a second Direct Final Rule that\nresponded to an adverse comment received on the First Direct Final Rule and determined\nthat the requirements for mobile and temporary LNG facilities in NFPA 59A (1996\nedition) would be incorporated by reference in § 193.2019 (Second Direct Final Rule).3\nIn addressing the adverse comment, PHMSA added one requirement to the First Direct\nFinal Rule (requiring state notification of the LNG project in § 193.2019(b)) 4 but\notherwise proceeded with promulgating § 193.2019.5\nSection 193.2019 has since been amended to update cross-reference to the 2001 edition\nof NFPA 59A.6 NFPA 59A Section 2.3.4 remained unchanged from the 1996 to 2001\nedition.7 Section 2.3.4 of NFPA-59A-2001 provides requirements for the temporary use\nof LNG portable equipment in short-term applications. Section 2.3.4 incorporates other\nsections of NFPA-59-2001, such as requirements for vaporizer controls and equipment\nand operations.8 While Part 193 of the pipeline safety regulations has been amended to\n1 Previously, PHMSA was the Research and Special Programs Administration or “RSPA.”\n2 LNG Regulations - Miscellaneous Amendments, 62 Fed. Reg. 8361, 8402 (Feb. 25, 1977) (codified at 49 C.F.R.\npt. 193)\n3 LNG Regulations; Miscellaneous Amendments, 62 Fed. Reg. 36465, 36466 (July 8, 1997) (codified at 49 C.F.R.\npt. 193).\n4 LNG Regulations – Miscellaneous Amendments, 62 Fed. Reg. 41311 (Aug. 1, 1997); Liquefied Natural Gas\nRegulations – Miscellaneous Amendments, 62 Fed. Reg. 48952, 48953 (Sept. 18, 1997) (codified at 49 C.F.R. pt.\n193).\n5 Nothing in the regulatory record suggests that the revised language in § 193.2019(a) in the Second Direct Final\nRule constituted a substantive change to the referenced sections in NFPA 59A. (compare “Section 2–3.4 of NFPA\n59A (1996 edition)” to “applicable sections of NFPA 59A (1996 edition)).” As noted, the only substantive change\nin the Second Direct Final Rule identified by PHMSA was the addition of § 193.2019(b). 62 Fed. Reg. at 41312.\n6 See Pipeline Safety: LNG Facilities; Clarifying and Updating Safety Standards, 69 Fed. Reg. 11330 (Mar. 10,\n2004) (codified at 49 C.F.R. pt. 193); Pipeline Safety: Periodic Updates of Regulatory References Technical\nStandards and Miscellaneous Amendments, 80 Fed. Reg. 168 (Jan. 5, 2015) (codified at 49 C.F.R. pt. 193).\n7 While the substance of Section 2.3.4 was unchanged, the sections referenced by Section 2.3.4(f) were updated in\nthe 2001 edition. During this update, two sections were incorrectly cited. Section 11.4.5(b) does not exist and\nshould have stated section 11.4.5.1(b). In addition, consistent with NFPA-59A-1996, section 11.4.5.2(c) should\nhave been referenced instead of section 11.4.5.2(b), because (c) refers to truck transferring operations and subsection\n(b) refers to tank (rail) car operation.\n8 See e.g., Section 2.3.4(e) of NFPA-59A-2001 requiring vaporizer controls of mobile and temporary LNG facilities\nto comply with Sections 5.3.1; 5.3.2; and 5.4.\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\nreflect the updated 2001 edition of NFPA 59A, the scope of the applicable sections of\nNFPA 59A to mobile and temporary LNG facilities has remained the same since the\nSecond Direct Final Rule. Therefore, the “applicable sections” of NFPA-59A-2001\nincorporated by § 193.2019(a) include Section 2.3.4 and all other sections referenced by\nSection 2.3.4, including sections 11.4.5.1(b) and 11.4.5.2(c), as noted in footnote 7, to be\nconsistent with the Second Direct Final Rule and truck transferring operation\nrequirements in NFPA-59A-1996.\nQuestion 2: Under § 193.2019(a), would NFPA Section 10.15.3.6.2(c) be considered an\n“applicable section” if an LNG tanker truck was used to deliver and offload LNG at a\nmobile or temporary LNG facility?\nResponse: NFPA-59A-2001 Section 10.15.3.6.2(c) is not referenced by Section 2.3.4.\nTherefore, for the reasons articulated above in Response 1, Section 10.15.3.6.2(c) is not\nconsidered one of the “applicable sections” under § 193.2019(a). However, section\n11.4.5.2(c) is an “applicable section” and contains identical requirements to those in\nsection 10.15.3.6.2(c).\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\nSTATE OF WASHINGTON\nUTILITIES AND TRANSPORTATION COMMISSION\n621 Woodland Square Loop S.E. ● Lacey, Washington 98503\nP.O. Box 47250 ● Olympia, Washington 98504-7250\n(360) 664-1160 ● TTY 1-800-833-6384 or 711\nSent via email\nOctober 24, 2023\nJohn A. Gale\nDirector of Standards and Rulemaking\nOffice of Pipeline Safety\nRoom 24-310\n1200 New Jersey Ave, SE\nWashington DC 20590\nRE: Request for Interpretation of Title 49 CFR Part 193.2019(a), Mobile and Temporary\nLNG Facilities\nDear Mr. Gale:\nCFR Part 193.2019(a) (Part 193) states that mobile and temporary LNG facilities do not have to\nmeet the requirements of Part 193 if they’re in compliance with the “applicable sections” of\nNFPA-59A-2001 (NFPA).\nOur question to you is whether the Part 193 reference to “applicable sections” of NFPA refers\nonly to section 2.3.4, which is specific to mobile and temporary LNG facilities, or if it includes\nall sections of NFPA that could be applicable to a mobile or temporary LNG facility?\nAs an example, under Part 193.2019(a), would NFPA Section 10.15.3.6.2(c) be considered an\n“applicable section” if an LNG tanker truck was used to deliver and offload LNG at a mobile or\ntemporary LNG facility?\nIf you have any questions or if we can provide further clarification or details, please contact\nScott Rukke at (360) 870-4923 or Dennis Ritter at (360) 402-0066.\nSincerely,\nScott Rukke\nPipeline Safety Director\ncc: Dustin Hubbard, Western Region,\nRespect. Professionalism. Integrity. Accountability.","truncated":false,"body_characters":10174}