{"operation":"document","citation":"PI-24-0001","title":"Colorado Energy & Carbon Management Commission — 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-24-0001 response to Colorado Energy & Carbon Management Commission concerning 192.12.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-24-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-24-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-24-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/Colorado-PI-24-0001-05-10-2024-Part192.12.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. Curtis Haverkamp\nSubsurface Injection Coordinator\nColorado Energy & Carbon Management Commission\n1120 Lincoln Street Sute 801\nDenver, CO 80203\nDear Mr. Haverkamp:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), received on\nJanuary 18, 2024, you asked two questions related to the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 192:\nQuestion 1: What is PHMSA’s current position regarding the underground storage of natural gas\nand hydrogen blends?\nResponse to question 1: PHMSA understands your question to inquire about the application of\nthe PHMSA pipeline safety regulations to an underground facility that stores a blend of natural\ngas and hydrogen. The pipeline safety regulations at 49 CFR Part 192, Subpart A, identify\ngeneral regulatory information, including definitions and applicability of the regulations as they\napply to gas pipeline facilities under the Pipeline Safety Act (Act) at 49 U.S.C. § 60101 et seq.\nThe scope of Part 192 is described in § 192.1, which states the part prescribes minimum safety\nrequirements for pipeline facilities and the transportation of gas. The terms “gas,” “pipeline\nfacility,” “transportation of gas,” and “underground natural gas storage facility (UNGSF)” are\ndefined at § 192.3 as follows:\nGas means natural gas, flammable gas, or gas which is toxic or corrosive.\nPipeline facility means new and existing pipelines, rights-of-way, and any equipment,\nfacility, or building used in the transportation of gas or in the treatment of gas during the\ncourse of transportation.\nTransportation of gas means the gathering, transmission, or distribution of gas by\npipeline or the storage of gas, in or affecting interstate or foreign commerce.\nUnderground natural gas storage facility (UNGSF) means a gas pipeline facility that\nstores natural gas underground incidental to the transportation of natural gas, including:\n(1)(i) A depleted hydrocarbon reservoir;\n(ii) An aquifer reservoir; or\n(iii) A solution-mined salt cavern.\n(2) In addition to the reservoir or cavern, a UNGSF includes injection, withdrawal,\nmonitoring, and observation wells; wellbores and downhole components; wellheads and\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\nassociated wellhead piping; wing-valve assemblies that isolate the wellhead from\nconnected piping beyond the wing-valve assemblies; and any other equipment, facility,\nright-of-way, or building used in the underground storage of natural gas.\nSection 192.12 of PHMSA’s regulations establishes the safety standards for UNGSFs. Section\n192.12 was added to Part 192 in the February 2020 Final Rule titled “Pipeline Safety: Safety of\nUnderground Natural Gas Storage Facilities.”1 As the definition of UNGSF makes clear,\n§ 192.12 regulates only the underground storage of natural gas and does not cover an\nunderground facility that stores other gases.\n2\nPHMSA notes that while underground storage of gases other than natural gas is not presently\nregulated by § 192.12, the transportation by a pipeline of those gases, including hydrogen, which\nare flammable, toxic, or corrosive is regulated as set forth in Part 192. In addition, PHMSA has\nbroad authority under the Pipeline Safety Act to address the safe transportation of gas (including\nblends of hydrogen gas and natural gas) through gas pipeline facilities, including the\nunderground storage of such products.\nQuestion 2: Are there blending ratios or concentration limits that PHMSA uses to delineate\nregulatory authority or jurisdiction?\nResponse to question 2: No. As discussed in the response to Question 1, PHMSA has authority\nunder the Pipeline Safety Act to address the safe transportation by pipeline of any gas (or\nmixture of gases in any ratio) that meets the definition of “gas” at § 192.3.\nYou may be aware of PHMSA’s Research and Development program where work is underway\nrelated to hydrogen and many other areas that will inform near term improvements in safety\npractices and future rulemaking. Further information along with a searchable project database\nmay be found at Research & Development Program: Research & Development | Home (dot.gov).\nIf we can be of further assistance, please contact Alyssa Imam at 202-738-3850.\nSincerely,\nJohn A. Gale\nDirector, Office of Standards\nand Rulemaking\n1 PHMSA, 85 FR 8104, “Pipeline Safety: Safety of Underground Natural Gas Storage Facilities,” (Feb. 12, 2020).\n2 As background, PHMSA’s regulation of interstate natural gas pipeline facilities is generally tied by the Pipeline Safety Act (see,\ne.g., 49 U.S.C. § 60101(a)(6)(B)) to the jurisdiction of the Federal Energy Regulatory Commission (FERC) under the Natural\nGas Act (15 U.S.C. 717 et seq.), and “natural gas” is broadly defined at 15 U.S.C § 717a as “ ... either natural gas unmixed, or\nany mixture of natural and artificial gas.” To the extent gases other than natural gas may also be present within an underground\nstorage facility such that it would still be treated as an UNGSF under § 192.12, PHMSA would consider the jurisdiction of FERC\nin making a safety jurisdictional determination for an interstate facility.\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\nMr. John A. Gale\nDirector\nOffice of Standards and Rulemaking\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nOffice of Pipeline Safety (PHP-30)\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nDear Mr. Gale,\nThe Colorado Energy and Carbon Management Commission respectfully requests an\ninterpretation on the following questions below:\n What is PHMSA’s current position regarding the underground storage of natural gas and\nhydrogen blends?\n Are there blending ratios or concentration limits that PHMSA uses to delineate regulatory\nauthority or jurisdiction?\nPursuant to the following rule,\n§ 190.11 - Availability of informal guidance and interpretive assistance.\n(a) ...\n(b) Availability of written interpretations. A written regulatory interpretation, response to\na question, or an opinion concerning a pipeline safety issue may be obtained by\nsubmitting a written request to the Office of Pipeline Safety (PHP–30), PHMSA, U.S.\nDepartment of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590–\n0001. The requestor must include his or her return address and should also include a\ndaytime telephone number. Written requests should be submitted at least 120 days\nbefore the time the requestor needs a response.\nRegards,\nCurtis Haverkamp, PE\nSubsurface Injection Coordinator\nColorado Energy and Carbon Management Comission\nCell Phone: 720.786.5560\n1120 Lincoln Street, Suite 801\nDenver, CO 80203\ncurtis.haverkamp@state.co.us","truncated":false,"body_characters":7878}