{"operation":"document","citation":"PI-77-004","title":"County of Fairfax — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1977-01-27","effective_on":null,"summary":"PI-77-004 response to County of Fairfax concerning 192.455.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1977/PI77004.pdf","body":"<<<PAGE 1>>>\n\nJanuary 27, 1977\nMr. Fred K. Kramer\nDirector\nDepartment of Consumer Affairs\nCounty of Fairfax\n4031 University Drive\nFairfax, Virginia 22030\nDear Mr. Kramer:\nThis refers to your letter of October 27, 1976, concerning a master meter gas pipeline system at\nthe Southgate Condominium Apartments in Reston, Virginia. It is stated that the system consists\nof mill-wrapped steel pipe and was installed underground without cathodic protection sometime\nbetween January and May 1972 by Gulf-Reston, Inc., the developer of the project. In August\n1972, the first residential use permit was issued by Fairfax County. Then about two years ago,\nGulf-Reston transferred ownership of the project to the Southgate Condominium Association,\nwho has, through a contractor, begun to install anodes on the system. You have asked whether\nGulf-Reston or the Association is responsible for correct installation and monitoring of the system\nunder the Federal gas pipeline safety standards (49 CFR Part 192).\nThe Federal standards are issued under the Natural Gas Pipeline Safety Act of 1968. Sec. 8 of the\nAct (49 USC 1677) provides that the standards are binding and enforceable against any person\nwho owns or operates pipeline facilities. Since the Southgate system constitutes a gas distribution\nsystem that is subject to the Act and to the regulations, as an owner of the system, Gulf-Reston\nhad, and the Association now has, responsibility for compliance of the system with 49 CFR Part\n192. This responsibility includes compliance with all applicable safety requirements in effect\nduring the period of ownership. Moreover, an owner remains liable to a civil penalty for any\ninfraction of the safety standards occurring during its period of ownership.\nWith respect to requirements for cathodic protection, Section 192.455(a)(2) provides (with\ncertain exceptions that do not appear relevant to the Southgate system) that a buried metal\npipeline which is installed after July 31, 1971, must have\n\"a cathodic protection system designed to protect the pipeline in its entirety in accordance\nwith this subpart, installed and placed in operation one year after completion of\nconstruction.\"\nThis regulation applies to the Southgate system which, according to your letter, was installed\nbetween January and May 1972 and began operation in August 1972. Under the regulation,\ncathodic protection should have been placed in operation on the system not later than May 1973,\none year after construction of the system. If Gulf-Reston did not transfer ownership of the system\ndal\\192\\455\\77-01-27\n1\n\n<<<PAGE 2>>>\n\nto the Association until the fall of 1974, then as owner of the system in May 1973, it was\nresponsible for installation of cathodic protection in compliance with Section 192.455(a)(2).\nHowever, because Section 192.455(a)(2) is a requirement of continuing legal effect, Gulf-\nReston's failure to comply in 1973 does not relieve the Association, as the present owner of the\nsystem, of its obligation to comply with Section 192.455(a)(2). The Association is also\nresponsible for compliance with all applicable monitoring requirements under Part 192. This\nOffice enforces compliance with the Federal standards against persons who presently own or\noperate gas systems, although our enforcement activities are for the most part directed toward\npublic utilities.\nWe trust that this satisfactorily answers your inquiry regarding the responsibility for compliance\nwith the Federal gas pipeline safety standards. The Federal standards do not govern the rights of\nthe purchaser of a gas system to compensation from the seller for any costs required to bring the\nsystem into compliance with the standards.\nSincerely,\n\\signed\\\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\192\\455\\77-01-27\n2","truncated":false,"body_characters":3792}