{"operation":"document","citation":"PI-91-030","title":"Horan & Devlin — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1991-10-09","effective_on":null,"summary":"PI-91-030 response to Horan & Devlin concerning 195.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-030","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1991/PI91030.pdf","body":"<<<PAGE 1>>>\n\nMr. Robert M. Mendell\nHoran & Devlin\n1300 Post Oak Boulevard\nSuite 2200\nHouston, TX 77056\nDear Mr. Mendell:\nI am responding to your letter of June 7, 1991, to Richard Rippert\nof this agency. You asked about the applicability of the\nDepartment's hazardous liquid pipeline safety regulations in 49 CFR\nPart 195 to storage tanks. Your questions relate to deciding\nwhether persons who work on certain storage tanks are subject to\nthe drug testing regulations in 49 CFR Part 199.\nFirst, you asked what level of tank activity would cause a storage\ntank connected to a pipeline to come under Part 195 as a \"breakout\ntank.\" Part 195 applies to any storage tank that is used according\nto the definition of \"breakout tank\" under ?195.2, except tanks\nused in pipeline transportation listed in ?195.1(b)-(8). The level\nof activity of the tank, or the amount of time it functions as a\nbreakout tank, is not a factor under the breakout tank definition.\nSo, under Part 195, a storage tank qualifies as a breakout tank\nregardless of the level of activity of the tank.\nYour second question was whether terminal tanks are subject to Part\n195. The only storage tanks subject to Part 195 are breakout\ntanks. Such tanks are found along pipeline routes and at pipeline\nterminals. Pipeline terminals may also have storage tanks that are\nnot breakout tanks. These other types of storage tanks are not\nsubject to Part 195.\nFinally, you asked if a breakout tank remains subject to Part 195\nwhile it is out of service if it is \"blinded\" or \"locked out and\ntagged out\" to stop the flow of liquid into or out of the tank. A\nbreakout tank is subject to Part 195 as long as it is used in the\ntransportation of hazardous liquid by pipeline that is covered by\nPart 195. Such use in transportation, and consequently the\njurisdiction of Part 195, is not interrupted when a tank is\ntemporarily emptied or otherwise taken out of service for\ninspection or repair work. The performance of maintenance\nactivities on a breakout tank is clearly within the jurisdiction of\nthe DOT. Thus blinding or locking out and tagging out a breakout\ntank for purposes of maintenance will not affect the applicability\nof DOT pipeline regulations.\nDB\nC:\\WP51\\INTERPRT\\195\\2\\91-10-09\n1\n\n<<<PAGE 2>>>\n\nWith respect to Part 199, these regulations require operators to\ndrug test employees who perform on a pipeline that is subject to\nPart 195 any operating, maintenance, or emergency-response function\nregulated by Part 195. Part 195 defines \"pipeline\" to include\n\"breakout tank.\" So, performance of any such regulated function on\na breakout tank that is subject to Part 195 (including tanks\ntemporarily out of service for maintenance) would subject the\nperson who performs the function to drug testing under Part 199.\nI apologize for the delay in answering your letter. Do not\nhesitate to contact us again if you have further questions about\nthe Department's pipeline safety regulations.\nSincerely,\n/signed/\nCesar De Leon\nDirector of Pipeline Safety\nRegulatory Programs\nDB\nC:\\WP51\\INTERPRT\\195\\2\\91-10-09\n2","truncated":false,"body_characters":3060}