{"operation":"document","citation":"PI-93-057","title":"State of Michigan Department of Labor Bureau of Construction Codes — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1993-09-20","effective_on":null,"summary":"PI-93-057 response to State of Michigan Department of Labor Bureau of Construction Codes concerning 192.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-057.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-057.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-057","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1993/PI93057.pdf","body":"<<<PAGE 1>>>\n\nSeptember 20, 1993\nRobert J. Aben Jr.\nChief, Boiler Division\nState of Michigan\nDepartment of Labor\nBureau of Construction Codes\n7150 Harris Drive\nP.O. Box 30254\nLansing Michigan 48909\nDear Mr. Aben:\nThis responds to your letter of August 4, 1993, concerning the issue of jurisdiction at\nANR Pipeline Company (ANR) compressor stations in regard to boilers.\nANR has claimed that the boilers in their compressor stations used in the interstate\ntransportation of natural gas are \"pipeline facilities\" and are, therefore, subject to the\njurisdiction of the Department of Transportation under the Natural Gas Pipeline Safety\nAct of 1968.\nThe natural gas pipeline safety regulations are found at 49 CFR, Part 192 and are\napplicable to pipeline facilities and the transportation of gas. Pipeline facilities, as used\nin both the NGPSA and the pipeline safety regulations, includes gas pipelines, rights-of-\nway, and any equipment, facility, or building used in the transportation of gas or the\ntreatment of gas during the course of transportation.\nIn initial conversations I had indicated that the boilers in question were not subject to our\njurisdiction. I was later informed by our Regulatory Programs section that previous\ndeterminations had been made to the contrary in regard to the jurisdiction of boilers.\nUpon further review, it was determined that the subject boilers are pipeline facilities and,\ntherefore, subject to the authority of the NGPSA and the pipeline safety regulations. I\nthen contacted Mr. Jorgensen, and provided him with this information. I regret any\ninconvenience which the erroneous information previously provided might have caused.\ndal\\192.3\\93-09-20\n\n<<<PAGE 2>>>\n\nI hope that this information is helpful to you. If you require additional information,\nplease contact me.\nSincerely,\nIvan A. Huntoon\nDirector, Central Region\nOffice of Pipeline Safety\ndal\\192.3\\93-09-20\n\n<<<PAGE 3>>>\n\n9/14/93\nSubject: ANR Pipeline Boilers\nFrom: Cesar DeLeon\nTo: Ivan Huntoon\nI have reviewed the information about the subject boilers attached to your memo of June\n16, 1993. I find that the boilers bear a substantial relation to the transportation of gas in\nANR's compressor stations. Therefore, the boilers are \"pipeline facilities\" under the\nNatural Gas Pipeline Safety Act of 1968 and 49 CFR Part 192.\ndal\\192.3\\93-09-20\n\n<<<PAGE 4>>>\n\nJune 3, 1993\nSUBJECT: DOT JURISDICTION - BOILERS\nTO: I. Huntoon\nFROM: R.J. Lecznar\nAs we discussed last Friday, attached is a summary of various uses of process heat\nat our compressor stations. Simply stated, the compressor stations can not operate\nwithout the steam/hot water boilers. We believe that our boilers are used in the\n\"transportation of gas\" and therefore, are \"pipeline facilities.\" Also, our compressor\nstations are subject to the jurisdiction of the Federal Energy Regulatory Commission\n(FERC) and, therefore are \"interstate transmission facilities.\"\nANR Pipeline currently operates pipeline facilities in sixteen states and includes\ninspection/maintenance requirements for boilers in our O & M Manual. These\nrequirements apply to all boilers regardless which state the boiler is located.\nHopefully, this information will be useful in your discussions of boilers at your\nmeeting next week.\ndal\\192.3\\93-09-20\n\n<<<PAGE 5>>>\n\nJune 2, 1993\nNatural Gas Compressor Station\nGas Fired Steam and Hot Water Boilers\nANR Pipeline Company utilizes either natural gas fired steam or hot water boilers\nat its gas compression facilities for the following uses:\na) Process heating of the incoming gas stream in the fuel gas system to raise the\ngas temperature above the predicted hydrate formation temperature prior to regulating the\npressure from the higher pipeline pressure to the lower fuel gas system operating\npressure. If a hydrate formed, the \"freeze off\" would block the flow of gas through the\nfuel system, and the station would cease to operate. Fuel gas is used by the\nengine/compressor units, generator sets, gas fired water bath heaters, gas fired glycol\nregenerators, boilers, etc.\nb) Process heating of the Compressor Engine lubricating oil, prior to engine start-\nup. Lubricating oil is preheated and pumped through the engine/compressor unit to\nassure proper lubrication of all metal to metal contact points, i.e. crank and rod bearings,\ncylinder walls, turbochargers, etc. Allowing the oil to reach its proper viscosity also\nprovides for an easier roll of the engine and faster engine starts.\nc) Process heating of the engine coolant prior to engine start-up. Like the\nlubricating oil preheat, preheating the coolant provides for easier starts of the engine\ncompressor units and allows the unit to come up to operating temperature more quickly.\nd) Building heat for personnel and equipment.\nGas compression facilities within the ANR system that have boilers, regardless of\nlocation, use them for both heating of the fuel gas (item a) and building heat (item d).\nNorthern locations, in addition to items a and d above, also use the boilers for items b and\nc to assure proper and timely starting during peak winter heating periods. While there are\nother substitute pieces for most of the above processes, i.e. catalytic heaters, electrical\ninsertion or immersion heaters, etc., it would be difficult to provide a safe and effective\nalternative for fuel gas preheating. The steam/hot water boiler system has thus far\nproven to be the best arrangement for providing a heating medium source for ANR\nPipeline.\ndal\\192.3\\93-09-20\n\n<<<PAGE 6>>>\n\nPART 192 - TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:\nMINIMUM FEDERAL SAFETY STANDARDS\n§192.13 General.\n(a)\n(b)\n(c) Each operator shall maintain, modify as appropriate, and follow the plans,\nprocedures, and programs that it is required to establish under this part.\n[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34605, Aug.\n16, 1976; Amdt. 192-30, 42 FR 60148, Nov. 25, 1977]\n§192.603 General provisions.\n(a) No person may operate a segment of pipeline unless it is operated in\naccordance with this subpart.\n(b) Each operator shall establish a written operating and maintenance plan\nmeeting the requirements of this part and keep records necessary to administer the\nplan.\n(c) The Administrator or the State Agency that has submitted a current\ncertification under section 5(a) of the Natural Gas Pipeline Safety Act with respect\nto the pipeline facility governed by an operator's plans and procedures may, after\nnotice and opportunity for hearing as provided in 49 CFR 190.237 or the relevant\nState procedures, require the operator to amend its plans and procedures as\nnecessary to provide a reasonable level of safety.\n[Amdt. 192-66, 56 FR 31090, July 9, 1991]\n§192.605 Essentials of operating and maintenance plan.\nEach operator shall include the following in its operating and maintenance plan:\n(a) Instructions for employees covering operating and maintenance procedures\nduring normal operations and repairs.\n(b) Items required to be included by the provisions of Subpart M of this part.\ndal\\192.3\\93-09-20\n\n<<<PAGE 7>>>\n\n(c) Specific programs relating to facilities presenting the greatest hazard to\npublic safety either in an emergency or because of extraordinary construction or\nmaintenance requirements.\n(d) A program for conversion procedures, if conversion of a low-pressure\ndistribution system to a higher pressure is contemplated.\n(e) Provision for periodic inspections to ensure that operating pressures are\nappropriate for the class location.\n(f) Instructions enabling personnel who perform operation and maintenance\nactivities to recognize conditions that potentially may be safety-related conditions\nthat are subject to the reporting requirements of §191.23 of this subchapter.\n[Amdt. 192-59, 53 FR 24950, July 1, 1988]\ndal\\192.3\\93-09-20\n\n<<<PAGE 8>>>\n\nJuly 8, 1985\nMr. A.D. Simpson, III\nAttorney at Law\nTennessee Gas Pipeline\nDivision of Tenneco Inc.\nTenneco Building\nP.O. Box 2511\nHouston, Texas 77001\nDear Mr. Simpson:\nThis responds to your letter of January 22, 1985, transmitting a November 13, 1984, letter\njointly submitted by you and Guy N. Rogers of the Mississippi State Department of\nHealth, which describes three categories of gas compressor station facilities operated by\nyour company in Mississippi. You ask for a ruling and interpretation on whether, under\nthe Natural Gas Pipeline Safety Act of 1968, as amended (NGPSA) (49 U.S.C. 1671 et\nseq.), the facilities are \"pipeline facilities,\" whether they are \"used in the transportation of\ngas,\" and whether they are preempted from State safety regulation. The Department of\nTransportation has no mechanism for issuing formal rulings or interpretations on the issue\nof preemption under the NGPSA.\nThe gas pipeline safety standards (49 CFR Part 192) issued pursuant to the NGPSA are\napplicable, with enumerated exceptions, to pipeline facilities and the transportation of\ngas. The term \"Pipeline facilities,\" as used in both the NGPSA and the standards (49\nU.S.C. 1671(4) and 49 CFR 192.3), includes gas pipelines, rights-of-way, and any\nequipment, facility, or building used in the transportation of gas or the treatment of gas\nduring the course of transportation. Many of the standards are written in terms that apply\nto particular kinds of pipeline facilities, including compressor stations. Others apply to\npipeline facilities in general. Part 192 does not contain standards that are particularly\napplicable to boilers or air receivers. Nevertheless, if such equipment is used in the\ntransportation of gas by pipeline, it would have to meet applicable Part 192 regulations\nthat govern pipeline facilities in general.\nUse in gas transportation is not defined. However, in light of the NGPSA's safety\npurpose, we view the circumstances under which a facility is used in gas transportation\nbroadly. Thus, pipeline facilities include not only equipment that is used directly or\nphysically connected to the movement of gas, but also equipment that is related to the\ntransportation process. Equipment in this latter category would include, for example, fire\nprotection facilities and fencing located at compressor stations because their purpose is\nrelated to the gas carrying facilities. It also would include boilers and air receivers\ndal\\192.3\\93-09-20\n\n<<<PAGE 9>>>\n\nlocated in shops, yards, or offices at compressor stations when the purpose of the\nequipment is transportation related. Whether particular boilers or air receivers at\ncompressor stations are sufficiently related to the transportation of gas to be pipeline\nfacilities would depend on the circumstances surrounding their use.\nIn regard to the three categories of facilities of concern to you, their general description\nand drawings indicate that the air tanks and boilers each bear a substantial relation to\noperation of gas compressors. We think, therefore, it is reasonable to view these facilities\nas \"used in the transportation of gas\" and, thus, \"pipeline facilities.\" Furthermore,\nassuming that the lines to which these facilities appertain are interstate, that is, subject to\nthe jurisdiction of the Federal Energy Regulatory Commission, we consider these\nfacilities to be interstate transmission facilities.\nAs to the question of preemption, the NGPSA restricts the application of State laws to\npipeline facilities as follows:\n\"Any State agency may adopt additional or more stringent safety standards for\nintrastate pipeline transportation if such standards are compatible with the Federal\nminimum standards. No State agency may adopt or continue in force any such\nstandards applicable to interstate transmission facilities, after the Federal minimum\nstandards become effective.\" (49 U.S.C. 1672(a))\nWe trust that this letter is helpful to you. A similar letter is being mailed to Guy N.\nRogers. The individual compressor station drawings are being returned to you separately.\nSincerely,\nRichard L. Beam\nAssociate Director for\nPipeline Safety Regulation\nMaterials Transportation Bureau\ndal\\192.3\\93-09-20","truncated":false,"body_characters":11994}