{"operation":"document","citation":"PI-94-032","title":"BP Oil Pipeline Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1994-10-17","effective_on":null,"summary":"PI-94-032 response to BP Oil Pipeline Company concerning 195.402.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-94-032","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1994/PI94032.pdf","body":"<<<PAGE 1>>>\n\nOctober 17, 1994\nMr. L. S. Abraham\nHealth & Compliance Officer\nBP Oil Pipeline Company\n812 E. National Road\nVandalia, OH 45377-3016\nDear Mr. Abraham:\nI have reconsidered my initial response to your letter of December 16, 1993, concerning\nprocedures required by 49 CFR 195.402(c)(4). Under this regulation, operators must have\nprocedures for “ determining which pipeline facilities are located in areas that would require an\nimmediate response by the operator to prevent hazards to the public if the facilities failed or\nmalfunctioned.”\nInitially I supported the view that BP’ s policy of responding immediately to every failure or\nmalfunction, regardless of location, would not meet § 195.402(c)(4). According to your letter,\nsome of our inspectors had asked BP to identify environmentally sensitive, highly populated,\nindustrial, and agricultural areas along its pipelines; to state how it would respond to each area;\nand to establish response priorities.\nBased on the regulatory history cited in my earlier letter, it’ s apparent that operators only have to\nidentify their high risk facilities to comply with § 195.402(c)(4). So, by identifying all its facilities,\nas BP apparently has done, an operator would not only meet but exceed the requirements of\n§ 195.402(c)(4).\nIn addition, § 195.402(c)(4) does not require operators to have plans and priorities to respond to\nfailures or malfunctions at facilities under that section. However, response plans are a [sic]\nessential part of the emergency procedures required by § 195.402(e) and of the abnormal\noperation procedures required by § 195.402(d). Also, under § 195.402(c)(6), operators must\ntake steps to minimize the potential for hazards to occur at the facilities identified under\n§ 195.402(c)(4).\nI hope you were not too inconvenienced by my initial response. But please don’ t hesitate to write\nif you need any additional information regarding our regulations.\nSincerely,\nCesar De Leon\nDirector for Pipeline Safety\nRegulatory Programs\ndal/195.402\n94-10-17","truncated":false,"body_characters":2030}