{"operation":"document","citation":"PI-93-008","title":"Independent Oil & Gas Association of Pennsylvania (IOGA) — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1993-02-09","effective_on":null,"summary":"PI-93-008 response to Independent Oil & Gas Association of Pennsylvania (IOGA) concerning 194.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1993/PI93008.pdf","body":"<<<PAGE 1>>>\n\nFebruary 9, 1993\nMr. Barry K. Cosey\nExecutive Director\nIndependent Oil & Gas Association\nof Pennsylvania (IOGA)\n116 Pine Street\nHarrisburg, PA 17101\nDear Mr. Cosey:\nI am writing in response to your letter of January 27, 1992,\nconcerning the application of the recently published interim\nfinal rule on response plans for onshore oil pipelines (58 FR\n244; January 5, 1993; adopting Part 194, Title 49, Code of\nFederal Regulations). Specifically, you request a clarification\non the applicability of the interim final rule concerning lines\nyou describe as \"flowlines which connect oil wells to tank\nbatteries and which are not primarily utilized for the\ntransportation of crude oil.\"\nUnder Executive Order 12777, and delegations of authorities under\nthat order from the Secretary of Transportation to the\nAdministrator of the Research and Special Programs Administration\n(RSPA) (58 FR 6193; January 27, 1993), the requirements for\nspill response planning by operators of on-shore pipeline\nfacilities (including the submission of plans to RSPA) only apply\nto transportation-related facilities. We have reviewed the\napplication of Part 194 to the pipeline facilities you have\ndescribed, and have determined that Part 194 does not apply to\nthose facilities because they are not transportation-related.\nThis opinion is consistent with the terms of a Memorandum of\nUnderstanding between the Department of Transportation and the\nEnvironmental Protection Agency (EPA) (36 FR 24080; December 18,\n1971), which was executed to assure effective implementation of\nthe Federal Water Pollution Act (which the Oil Pollution Act\n(OPA) of 1990 amends). Under the terms of that Memorandum, we\nconsider the lines at issue to be \"non-transportation related\"\nfacilities and not subject to the Department's regulations. You\nshould note, however, that these lines may be subject to OPA\nrequirements the EPA may adopt.\ndal\\194.0\\93-02-09\n1\n\n<<<PAGE 2>>>\n\n2\nI trust that this information is responsive to your request. you have further questions about this or other matters, please\nlet me know.\nIf\nSincerely,\nCesar De Leon\nDirector Regulatory Programs\nOffice of Pipeline Safety\ndal\\194.0\\93-02-09\n2","truncated":false,"body_characters":2183}