{"operation":"document","citation":"PHMSA-2008-0213","title":"Empire Pipeline Company — Pipeline Special Permit","source_type":"permit","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2020-04-24","effective_on":"2020-04-24","summary":"PHMSA-2008-0213, issued 2020-04-24 for Empire Pipeline Company's gas transmission system.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-special-permit-phmsa-2008-0213.json","markdown":"https://regulus.evalyn.ai/document/phmsa-special-permit-phmsa-2008-0213.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-special-permit-phmsa-2008-0213","source_url":"https://www.regulations.gov/docket/PHMSA-2008-0213","body":"PHMSA pipeline special permit PHMSA-2008-0213. Operator: Empire Pipeline Company. System: Gas Transmission. Issue date: 2020-04-24.\n\n<<<PAGE 1>>>\n\nu.s. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\nMr. Ronald C. Kraemer\nPresident\nEmpire Pipeline, Inc.\n6363 Main Street\nWilliamsville, NY 14221-5887\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMAY 2·t 2010\nDocket No. PHMSA-2008-0213\nDear Mr. Kraemer:\nOn August 8, 2008, Empire Pipeline, Inc. (Empire) wrote to the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), as operator of Empire State Pipeline, requesting a\nwaiver of compliance from PHMSA's pipeline safety regulation 49 CFR § 192.611(a) for five\n(5) segments on the Empire State Pipeline 24-inch natural gas transmission pipeline system in\nNiagara, Genesee, and Monroe Counties, New York. The regulation requires confirmation or\nrevision of the maximum allowable operating pressure (MAOP) of a pipeline segment where the\nclass location has changed.\nPHMSA is granting this special permit ( enclosure), which allows Empire to continue to operate\nthe five (5) segments ofthe Empire State Pipeline at their current MAOP of 1440 pounds per\nsquare inch (psig). This special permit provides relief from the specified Federal pipeline safety\nregulations for the Empire State Pipeline and requires Empire to comply with certain conditions\nand limitations designed to maintain pipeline safety.\nPHMSA grants this special permit based on the findings set forth in the \"Special Permit Analysis\nand Findings\" document, which can be read in its entirety in Docket No. PHMSA-2008-0213 in\nthe Federal Docket Management System (FDMS) located on the internet at\nwww.Regulations.gov.\nMy staff would be pleased to discuss this special permit or any other regulatory matter with you.\nJohn Gale, Director of Regulations (202-366-0434), may be contacted on regulatory matters and\nAlan Mayberry, Deputy Associate Administrator for Pipeline Safety (202-366-5124), may be\ncontacted on technical matters specific to this special permit.\nJeffrey D. Wiese\nAssociate Administrator for Pipeline Safety\nEnclosure (Special Permit)\n\n<<<PAGE 1>>>\n\nU.S. Department ofTransportation\nPipeline cmd Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nJUL 3 0 2014\nMr. Ronald C. Kraemer\nPresident\nEmpire Pipeline, Inc.\n6363 Main Street\nWilliamsville, NY 14221-5887\nRef: Special Permit · PHMSA-2008-0213\nDear Mr. Kraemer:\nThe Pipelme and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety hereby gives notice that special permit PHMSA-2008-0213 issued to Empire Pipeline,\nInc. (Empire) on March 20, 2010, will expire on March 20, 2015.\nIf Empire wishes to renew this special permit, the PHMSA Associate Administrator for\nPipeline Safety must be notified at least !80 days prior to the expiration of the Special Permit.\nThe procedures for renewal are outlined on the following pages.\nMy staff would be pleased to discuss this special permit or any other regulatory matter with\nyou. Mr. John Gale, Director of Standards and Rulemaking Division, may be contacted at 202-\n366-0434 for regulatory matters, and Mr. Ken Lee, Director of Engineering and Research\nDivision, may be contacted at 202-366-2694 for technical matters specific to the renewal of this\nspecial permit.\nSincerely,\nA~~f~\n~ Associate Administrator for Pipeline Safety\n\n<<<PAGE 2>>>\n\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA)\nOffice of Pipeline Safety (OPS)\nFederal Special Permit Renewal Requirements\nJune 2014\nSpecial permits issued with an expiration date must be renewed prior to the expiration of the\nspecial permit. Special permits requiring renewal are defined as: Special permits issued with an\nexpiratioc date in the \"limitations\" section of the existing special permit. A notice of intent to\nrenew the expiring special permit must be made at least 180 days prior to the expiration.\nRenewal requests sent by United States Postal Service mail, express mail, or overnight courier,\nmust be addressed to:\nTt.e Associate Administrator for Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE, East Building\nWashington, DC 20590\nTo expedite the delivery of the renewal application and attachments, we encourage pipeline\noperators to provide us with an electronic copy of the renewal application. The electronic copy\nrenewal request must be sent by e-mail to John.Gale@dot.gov and kay.mciver@dot.gov.\nPlease do not fax PHMSA renewal requests or documents.\nPHMSA may seek additional operational, integrity or environmental assessment information\nprior to granting any request for special permit.\nThe renewal application must contain:\n(a) Special Permit: A copy of the original grant of the special permit.\n(b) Docket: PHMSA Docket Number of the issued special permit\n(c) Summary Report: A summary report that defines the following information from the\nissuance of the special permit to present.\n(i) Special Permit Number\n(ii) Grantee, or Pipeline Owner or Operator:\n1) Parent Company:\n2) Executive Contact: Mailing Address, Phone Number and e-mail\naddress; and\n3) Technical or Operational Contact: Mailing Address, Phone Number\nand e-mail address.\n(iii) Location of Special Permit: areas on the pipeline where the special\npermit is applicable including: diameter, mile posts, county, and state.\n(iv) Applicable Usage or Need of the Special Permit: original and future\nincluding applicable Federal Code sections for special permit.\nEmpire Pipeline, Inc. - PHMSA-2008-0213\nPage 2 of 4\n\n<<<PAGE 3>>>\n\n( v) Annual Report: A copy of each special permit annual report generated\nsince the issuance of the special permit (maximum of 5 reports). [Reports\non file. Not needed at this time.].\n(vi) Operating Pressure for Special Permit Segment: Maximum allowable\noperating pressure (MAOP); class location (including boundaries on aerial\nphotography).\n(vii) High Consequence Areas (HCAs) for Special Permit Segment: HCA\nboundaries on aerial photography;\n(viii) Material Properties for Special Permit Segment: Pipeline material\ndocumentation for all pipe, fittings, flanges, and any other facilities\nincluded in the special permit. Material documentation for the special\npermit segments must include applicable:\n1) Pipe: diameter, wall thickness, grade, and seam type; pipe coating\nincluding girth weld coating;\n2) MechanicaUChemical Properties: yield strength, tensile strength, and\nchemical composition. (Operator may furnish an example mill test\nreport (mechanical and chemical properties) for the special permit\nsegment pipe. PHMSA will determine the need for complete\ndocuments based upon the example mill test report and original\nsubmittals.);\n3) Test Pressure: Hydrostatic test pressure and date including pressure\nand temperature charts and logs and any known test failures; (Operator\nmay contact PHMSA to determine if charts and logs are needed based\nupon original submittal.)\n(ix) In-line inspection (ILl) for Special Permit Segments and Areas: ILl\nsurvey summary results from all ILl tools used on the special permit\nsegments and areas during the previous four (4) years, summary to\ninclude any actionable anomalies or dents found, and all cracks in pipe\nbody, pipe seam or girth weld.\n(x) Integrity Data Integration Summary for Special Permit: Integrity data\nintegration summary must be based upon threats as identified in\nCondition 4 (in accordance with 49 CFR §§ 192.937 (a) and (b), 192.917,\nand 192.939), as applicable, for the past four ( 4) years including: class\nlocation, HCAs, hydrostatic test pressure including any known test failures\n-if tests were conducted; casings (any shorts); any in-service ruptures or\nleaks; close interval survey (CIS) results; depth of cover surveys; rectifier\nreadings; test point survey readings; AC/DC interference surveys; pipe\ncoating SJlrveys; pipe coating and anomaly evaluations from pipe\nexcavations and pipe exposures from encroachments; stress con·osion\ncracking, selective seam weld corrosion and hard spot excavations and\nfindings.\n(xi) In-service incidents for Special Permit Segments and Areas: Any in-\nservice ruptures or leaks including repair type and failure investigation\nfindings; aerial photography of area, within the special permit segment and\nspecial permit inspection area, if applicable.\nEmpire Pipeline, Inc.- PHMSA-2008-0213\nPage 3 of 4\n\n<<<PAGE 4>>>\n\n(xii) Special Permit Conditions: any suggested condition modifications\nrequired to maintain safety and the environment.\n(xiii) Summary Report: The summary report must demonstrate that the special\npermit is still consistent with pipeline safety and show that the operations\nand management plan (O&M Plan) has periodic and systemic integrity\nassessment and remedial measures to ensure that there is an ongoing\nprogram to locate, assess, and remediate safety threats.\n(d) Renewals: For renewal requests made at least 180 days before the special permit expires\nand that conform to the requirements of the renewal process, the special permit will\ncontinue to be in effect and not expire until PHMSA takes a final administrative action\non the renewal. After all documents are reviewed and the Associate Administrator,\nOffice of Pipeline Safety, determines that the Special Permit is consistent with federal\nregulations for public safety and the environment, a letter of decision and an updated\nspecial permit will be mailed to the operator. The Special Permit letter of decision,\nconditions, and findings and analysis will be placed in the corresponding docket at\nwww .regulations.gov.\n(e) State Partners: State partners in the affected state/swill be notified of the renewal\napplication. A Federal Register Notice of the renewal application will be initiated for a\n30·day comment period.\n(f) Environmental Assessment: An Environmental Assessment (EA) may not be needed if\none was conducted and noticed for the original special permit. If an EA must be\nconducted, then the renewal process will be lengthier. The operator will be responsible\nfor developing and submitting the EA documents. PHMSA will review the EA for\nconformity to National Environmental Policy Act and federal pipeline regulations. The\nEA will be publicized in the Federal Register for a 30-day comment period.\n(g) Denial of renewal request: If the Special Permit request is denied, the denial will be\nhandled in accordance with the procedures outlined in 49 CFR § 190.341.\nEmpire Pipeline, Inc.- PHMSA-2008-0213\nPage 4 of 4\n\n<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nAUG 12 2014\nMr. Ronald C. Kraemer\nPresident\nEmpire Pipeline, Inc.\n6363 Main Street\nWilliamsville, NY 14221-5887\nRef: Correction to issuance and renewal date of Special Permit - PHMSA-2008-0213\nDear Mr. Kraemer:\nIn keeping with a conversation between Ms. Kay Mciver of PHMSA staff and Jim Sharpless of\nEmpire Pipeline, Inc., this letter is being sent to give notice and correct the issued and\nexpiration date of Special Permit, PHMSA-2008-0213.\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety hereby gives notice that special permit PHMSA-2008-0213 issued to Empire Pipeline,\nInc. (Empire) on May 20, 2010, will expire on May 20, 2015.\nIf Empire wishes to renew this special permit, the PHMSA Associate Administrator for\nPipeline Safety must be notified at least 180 days prior to the expiration of the Special Permit.\nThe procedures for renewal are outlined on the following pages.\nMy staff would be pleased to discuss this special permit or any other regulatory matter with\nyou. Mr. Kenneth Lee, Director of Engineering and Research Division, may be contacted at\n202-366-2694 for technical matters. I can be contacted at 202-366-0434 for regulatory matters\nspecific to the renewal of this special permit.\nDirector, Standards and Rulemaking\n\n<<<PAGE 2>>>\n\nAUG 12 2014\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA)\nOffice of Pipeline Safety (OPS)\nFederal Special Permit Renewal Requirements\nJune 2014\nSpecial permits issued with an expiration date must be renewed prior to the expiration of the\nspecial permit. Special permits requiring renewal are defined as: Special permits issued with an\nexpiration date in the \"limitations\" section of the existing special permit. A notice of intent to\nrenew the expiring special permit must be made at least 180 days prior to the expiration.\nRenewal requests sent by United States Postal Service mail, express mail, or overnight courier,\nmust be addressed to:\nThe Associate Administrator for Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE, East Building\nWashington, DC 20590\nTo expedite the delivery of the renewal application and attachments, we encourage pipeline\noperators to provide us with an electronic copy of the renewal application. The electronic copy\nrenewal request must be sent by e-mail to John.Gale@dot.gov and kay.mciver@dot.gov.\nPlease do not fax PHMSA renewal requests or documents.\nPHMSA may seek additional operational, integrity or environmental assessment information\nprior to granting any request for special permit.\nThe renewal application must contain:\n(a) Special Permit: A copy of the original grant of the special permit.\n(b) Docket: PHMSA Docket Number of the issued special permit\n(c) Summary Report: A summary report that defines the following information from the\nissuance of the special permit to present.\n(i) Special Permit Number\n(ii) Grantee, or Pipeline Owner or Operator:\n1) Parent Company:\n2) Executive Contact: Mailing Address, Phone Number and e-mail\naddress; and\n3) Technical or Operational Contact: Mailing Address, Phone Number\nand e-mail address.\nEmpire Pipeline, Inc.- PHMSA-2008-0213\nPage 2 of 4\n\n<<<PAGE 3>>>\n\nAUG 12 2014\n(iii) Location of Special Permit: areas on the pipeline where the special\npermit is applicable including: diameter, mile posts, county, and state.\n(iv) Applicable Usage or Need of the Special Permit: original and future\nincluding applicable Federal Code sections for special permit.\n(v) Annual Report: A copy of each special permit annual report generated\nsince the issuance of the special permit(maximum of 5 reports). [Reports\non file. Not needed at this time.].\n(vi) Operating Pressure for Special Permit Segment: Maximum allowable\noperating pressure (MAOP); class location (including boundaries on aerial\nphotography).\n(vii) High Consequence Areas (HCAs) for Special Permit Segment: HCA\nboundaries on aerial photography;\n(viii) Material Properties for Special Permit Segment: Pipeline material\ndocumentation for all pipe, fittings, flanges, and any other facilities\nincluded in the special permit. Material documentation for the special\npermit segments must include applicable:\n1) Pipe: diameter, wall thickness, grade, and seam type; pipe coating\nincluding girth weld coating;\n2) Mechanical/Chemical Properties: yield strength, tensile strength, and\nchemical composition. (Operator may furnish an example mill test\nreport (mechanical and chemical properties) for the special permit\nsegment pipe. PHMSA will determine the need for complete\ndocuments based upon the example mill test report and original\nsubmittals.);\n3) Test Pressure: Hydrostatic test pressure and date including pressure\nand temperature charts and logs and any known test failures; (Operator\nmay contact PHMSA to determine if charts and logs are needed based\nupon original submittal.)\n(ix) In-line inspection (ILl) for Special Permit Segments and Areas: ILl\nsurvey summary results from all ILl tools used on the special permit\nsegments and areas during the previous four ( 4) years, summary to\ninclude any actionable anomalies or dents found, and all cracks in pipe\nbody, pipe seam or girth weld.\n(x) Integrity Data Integration Summary for Special Permit: Integrity data\nintegration summary must be based upon threats as identified in\nCondition 4 (in accordance with 49 CFR §§ 192.937 (a) and (b), 192.917,\nand 192.939), as applicable, for the past four (4) years including: class\nlocation, HCAs, hydrostatic test pressure including any known test failures\n-if tests were conducted; casings (any shorts); any in-service ruptures or\nleaks; close interval survey (CIS) results; depth of cover surveys; rectifier\nreadings; test point survey readings; AC/DC interference surveys; pipe\ncoating surveys; pipe coating and anomaly evaluations from pipe\nexcavations and pipe exposures from encroachments; stress corrosion\ncracking, selective seam weld corrosion and hard spot excavations and\nfindings.\nEmpire Pipeline, Inc.- PHMSA-2008-0213\nPage 3 of 4\n\n<<<PAGE 4>>>\n\nAUG 12 10\\~\n(xi) In-service incidents for Special Permit Segments and Areas: Any in-\nservice ruptures or leaks including repair type and failure investigation\nfindings; aerial photography of area, within the special permit segment and\nspecial permit inspection area, if applicable.\n(xii) Special Permit Conditions: any suggested condition modifications\nrequired to maintain safety and the environment.\n(xiii) Summary Report: The summary report must demonstrate that the special\npermit is still consistent with pipeline safety and show that the operations\nand management plan (O&M Plan) has periodic and systemic integrity\nassessment and remedial measures to ensure that there is an ongoing\nprogram to locate, assess, and remediate safety threats.\n(d) Renewals: For renewal requests made at least 180 days before the special permit expires\nand that conform to the requirements of the renewal process, the special permit will\ncontinue to be in effect and not expire until PHMSA takes a final administrative action\non the renewal. After all documents are reviewed and the Associate Administrator,\nOffice of Pipeline Safety, determines that the Special Permit is consistent with federal\nregulations for public safety and the environment, a letter of decision and an updated\nspecial permit will be mailed to the operator. The Special Permit letter of decision,\nconditions, and findings and analysis will be placed in the corresponding docket at\nwww .regulations.gov.\n(e) State Partners: State partners in the affected state/s will be notified of the renewal\napplication. A Federal Register Notice of the renewal application will be initiated for a\n30-day comment period.\n(f) Environmental Assessment: An Environmental Assessment (EA) may not be needed if\none was conducted and noticed for the original special permit. If an EA must be\nconducted, then the renewal process will be lengthier. The operator will be responsible\nfor developing and submitting the EA documents. PHMSA will review the EA for\nconformity to National Environmental Policy Act and federal pipeline regulations. The\nEA will be publicized in the Federal Register for a 30-day comment period.\n(g) Denial of renewal request: If the Special Permit request is denied, the denial will be\nhandled in accordance with the procedures outlined in 49 CFR § 190.341.\nEmpire Pipeline, Inc.- PHMSA-2008-0213\nPage 4 of 4\n\n<<<PAGE 1>>>\n\nempire Pipeline\nA National Fuel Gas Company\nRonald C. Kraemer\nPresident\nMay 18, 2018\nRobert Burrough, Director\nPHMSA Pipeline Safety\nEastern Region Office\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nRE: Empire State Pipeline\nDOCKET NO. PHMSA-2008-0213\nGentlemen:\nOn May 20, 2010, the Pipeline and Hazardous Materials Safety Administration (\"PHMSA\")\ngranted Empire Pipeline, Inc. (\"Empire\") a special permit in the proceeding referenced above\nallowing Empire to continue to operate five segments of its pipeline system at their current MAOP\nof 1440 pounds per square inch (the \"Special Permit\"). On May 20, 2015, PHMSA renewed and\nmodified the Special Permit for a term ending May 20, 2020. On March 28, 2017, PHMSA again\nmodified the Special Permit to add a sixth special permit segment.\nPursuant to Condition 15 to the Special Permit as renewed and modified, attached is Empire's\neighth annual report.\nQuestions regarding this submission should be directed to the undersigned at (716) 857-7536.\nVery truly yours,\nRonald C. Kraemer, President\nEnclosures\nCC:\nJohn Gale, Director\nPHMSA Standards and Rulemaking Division\n1200 New Jersey Ave., SE\nU.S. Department of Transportation\nWashington, DC 20590\n\n<<<PAGE 2>>>\n\nKevin Speicher, Chief-Safety Section\nNew York State Public Service Commission\nDepartment of Public Service\n3 Empire State Plaza\nAlbany, New York 12223-1350\nelectronically filed at regulations.gov in Docket PHMSA-2008-0213\nPage 2 of 5\n\n<<<PAGE 3>>>\n\nEIGHTH ANNUAL REPORT\nOF\nEMPIRE PIPELINE, INC. (“EMPIRE”)\nDOCKET NO. PHMSA-2008-0213\nITEM A: Describe the economic benefit to the company. This should address both the\ncosts avoided from not replacing pipe as well as the added costs of the\ninspection program. This should be required for initial report only.\nSubsequent reports will address any changes.\nRESPONSE: No changes to report. Although there have been no substantial changes to\nthe physical sections of pipe that would need to be replaced were PHMSA to\nhave not issued this special permit, the costs of contractors, materials and\ninspection for pipeline construction continue to rise on an annual basis.\nEmpire does not prepare/revise this estimate annually. In summary, the\neconomic benefit (avoided costs) continue to increase with each year that the\nSpecial Permit is in place.\nITEM B: Describe how the public benefits from energy availability. This should\naddress the benefits of avoided disruptions as a consequence of pipe\nreplacement and the benefits of maintaining system capacity. Subsequent\nreports will address any changes.\nRESPONSE: Empire anticipates the continued and increased need for pipeline capacity on\nits system, as a result of the abundant Marcellus and Utica Shale Gas supplies\nimmediately to the south of the Empire Connector Pipeline, in Pennsylvania.\nPursuant to FERC certificate authorization in Docket No. CP11-493-000,\nEmpire extended its system into Pennsylvania, providing a new source of\nhigh pressure supply (1,290 psig) into the pipeline system. The design of\nthese facilities required the replacement of a 1.3 mile section of 1,000 psig\npipeline, with pipe capable of 1,440 psig – extending eastward the 1,440 psig\nsection of the special permit inspection area. These facilities were placed in\nservice in November of 2011. Empire is in the process of designing\nadditional facilities to meet requests for incremental capacity, which would\nlikely involve Marcellus Shale gas deliveries into the Empire Pipeline at\npressures up to the 1,440 psig MAOP. A reduction in MAOP would preclude\nEmpire from developing the capacity needed to access these economic,\nincremental gas supplies.\nPlease refer to Empire’s initial report for additional discussion of public\nbenefits.\nITEM C: Number of new residences, other structures intended for human occupancy\nand public gathering areas built within one (1) mile on either end of the\nspecial permit segments.\nRESPONSE: Empire meets with contractors and developers to track all proposed future\ndevelopments in the vicinity of the pipeline. Since the special permit\nPage 3 of 5\n\n<<<PAGE 4>>>\n\napplication was submitted on August 8, 2008, four (4) new houses or other\nstructures have been constructed in the special permit segments. Based on\nGIS data, within one (1) mile on either end of each special permit segment,\nthere are currently 307 occupied structures (BIHOs) and six (6) gathering\nsites within 660 feet of the pipeline center line, including 17 BIHOs and no\ngathering sites identified since the previous annual report. Without Empire’s\ncompliance with the conditions of the special permit, many of the residents\noutside the special permit segments would not benefit from the integrity\nenhancements associated with this special permit such as the full pipeline ILI.\nAdditional houses and gathering places are continually reviewed for any\nimpact on the current class location designation for other sections of the\npipeline.\nITEM D: Describe any new integrity threats identified during the previous year and the\nresults of any ILI or Direct Assessments performed (including any un-\nremediated anomalies over 30% wall loss; cracking found in the pipe body,\nweld seam or girth welds; and dents with metal loss, cracking or stress riser)\nduring the previous year in the special permit inspection area.\nRESPONSE: Empire did not identify any new integrity threats in the special permit\ninspection area in the previous 12 months. An External Corrosion Direct\nAssessment was performed in Special Permit Segment 6 in August, 2017.\nEmpire did not identify any un-remediated anomalies over 30% wall loss;\ncracking found in the pipe body, weld seam or girth welds; nor dents with\nmetal loss, cracking or a stress riser.\nITEM E: Any reportable incident, any leak normally indicated on the DOT Annual\nReport and all repairs on the pipeline that occurred during the previous year\nin the special permit inspection area.\nRESPONSE: There were no reportable incidents or leaks on the pipeline in the special\npermit inspection area during the previous 12 months.\nITEM F: Any ongoing damage prevention initiatives affecting the special permit\ninspection area and a discussion of the success of the initiatives.\nRESPONSE: Excavation, use of augers, directional drilling, logging and other earth\nmoving activities are common examples of third party activities that could\nlead to damage to transmission pipelines. Empire’s damage prevention\nprograms, including participation in a One Call System and public education,\nreduce the risk exposure to the activities of outside contractors, farmers,\nlandowners, public works, other utilities or the operator that can result in\npipeline damage. Empire sponsored five (5) New York Dig Safely\nExcavation Safety Seminars in an effort to reach out to additional contractors\nin the operating area during 2018. Locations of the Empire Pipeline at all\nroads and railroads are marked as required in 49 CFR 192.707. The line’s\nposition is flagged/marked for anyone notifying Dig Safely New York of\ntheir intent to excavate or perform construction in the vicinity of the pipeline.\nEmpire personnel stand by for all excavations within 25 feet of the pipeline.\nPage 4 of 5\n\n<<<PAGE 5>>>\n\nHand excavation is required within 24 inches of the line. Bi-annually, all\nowners and occupants of property within 660 feet of the pipeline receive a\npamphlet describing the pipeline, safety considerations, and numbers to call\nwith any questions or concerns. Area contractors and first responders, such\nas fire and police departments, are also offered training each year through a\nthird-party contractor, and beginning in May 2017 National Fuel and Empire\nbegan offering a seven-part, self-directed, interactive, online training\nprogram that provides emergency response personnel with the information\nthey need to safely identify and respond to incidents that involve natural gas\npipelines and other natural gas facilities. Aerial and foot patrols are used to\nmonitor encroachment and construction activity along the pipeline.\nThe New York Public Service Commission (as agent for PHMSA) conducted\na special permit audit during June 2012 and reviewed Empire’s damage\nprevention program for compliance. More recently, a PHMSA audit of the\nEmpire Pipeline was conducted in July 2014, including a review of Empire’s\ndamage prevention program. Previous inspections of the operation and\nmaintenance of the Empire Pipeline have confirmed Empire’s regulatory\ncompliance. There are no outstanding safety issues.\nITEM G: Any mergers, acquisitions, transfers of assets, or other events affecting the\nregulatory responsibility of the company operating the pipeline.\nRESPONSE: There have been no mergers, acquisitions, transfers of assets, or other events\naffecting the regulatory responsibility of Empire.\nPage 5 of 5\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 24, 2020\nMr. Ronald C. Kraemer\nPresident\nEmpire Pipeline, Inc.\n6363 Main Street\nWilliamsville, New York 14221-5887\nRef: Special Permit Renewal - May 20, 2020 to May 20, 2030\nDocket No. PHMSA-2008-0213\nDear Mr. Kraemer:\nOn November 22, 2019, pursuant to 49 Code of Federal Regulations (CFR) § 190.341, the\nEmpire Pipeline, Inc. (Empire) applied to the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) for the renewal of the special permit, PHMSA-2008-0213, originally\nissued on May 20, 2010 and renewed on May 20, 2015. On August 19, 2016, Empire applied to\nPHMSA for an extension of an additional segment to the special permit. On March 3, 2017,\nspecial permit segment six (6) was added and the expiration date of all segments was kept as\nMay 20, 2020. The special permit waives compliance with 49 CFR § 192.611(a) for six (6)\npipeline segments where the class location has changed from a Class 1 to a Class 3 location.\nThe six (6) special permit segments total 10,475 feet of 24-inch diameter pipe on the Empire\nState Pipeline located in Genesee, Monroe, Niagara, and Wayne Counties, New York. The\nspecial permit allows Empire to continue operation of the original Class 1 pipe in Class 3\nlocations, subject to the conditions set forth in the special permit.\nOn March 9, 2020, PHMSA published a Federal Register notice (85 FR 13703) announcing the\nspecial permit renewal request. The special permit renewal request letter and all other pertinent\ndocuments are available for review in Docket No. PHMSA-2008-0213 in the Federal Docket\nManagement System located at www.regulations.gov.\n\n<<<PAGE 2>>>\n\nOne comment was submitted to the docket on April 7, 2020, stating that the counties that the six\n(6) pipeline segments are in are home to Iroquois tribes.1 The commenter did not object to the\nproposed renewal or any aspect of the proposed renewal. Instead, the commenter cited various\njudicial opinions resulting from Native American challenges to other government agencies\ndealing with pipeline construction. This special permit is for continuing the safe operation and\nmaintenance of an existing pipeline. Furthermore, PHMSA has not received a request for tribal\nconsultation related to this special permit renewal.\nPHMSA has reviewed all operational and maintenance data submitted by Empire for the special\npermit segments. PHMSA finds that there has been no material change in conditions and that\nEmpire continues to meet the terms of the special permit. Based on the information provided by\nEmpire, PHMSA has determined that renewal of the special permit would not be inconsistent\nwith pipeline safety. Furthermore, PHMSA is modifying the special permit renewal timing\ninterval from 5 years to 10 years in Limitation 7. The modifications to Limitation 7 are italicized\nand underlined below.\nLimitation 7: PHMSA grants this special permit for a period of no more than ten (10) years\nfrom the grant date. If Empire elects to seek renewal of this special permit, a renewal request\nmust be submitted at least 180 days prior to expiration of the ten-year period, to the PHMSA\nAssociate Administrator, with copies to the Director, Division of Engineering and Research, and\nDirector, Office of Pipeline Safety, Eastern Region. PHMSA may seek additional information\nfrom Empire prior to granting a request for special permit renewal.\nAccordingly, pursuant to 49 CFR § 190.341, by this Order, and as outlined in the existing\nspecial permit, PHMSA grants the renewal of PHMSA-2008-0213, from May 20, 2020,\nthrough May 20, 2030, to Empire to continue its operation of the Empire State Pipeline in\nGenesee, Monroe, Niagara, and Wayne Counties, New York. This special permit renewal\nOrder continues to waive compliance with certain Federal regulations in 49 CFR\n§ 192.611(a)(1).\nMy staff would be pleased to discuss this special permit or any other regulatory matter with you.\nSentho White, Director of Engineering and Research Division, may be contacted at 202-366-\n2415, for technical matters; and Robert Burrough, Director, Office of Pipeline Safety, Eastern\nRegion may be contacted at 609-771-7809, for operational matters specific to the renewal of this\nspecial permit.\nSincerely,\nALAN\nKRAMER\nMAYBERRY\nDigitally signed by\nALAN KRAMER\nMAYBERRY\nDate: 2020.04.24\n15:20:19 -04'00'\nAlan K. Mayberry,\nAssociate Administrator for Pipeline Safety\n1 https://www.regulations.gov/searchResults?rpp=25&po=0&s=PHMSA-2008-0213\nPHMSA-2008-0213 – Empire Pipeline, Inc.\nSpecial Permit Renewal - May 20, 2020 to May 20, 2030 Page 2 of 2\n\n<<<PAGE 1>>>\n\n1\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)\nSpecial Permit Analysis and Findings\nSpecial Permit Information:\nDocket Number:\nPipeline Operator:\nDate Requested:\nCode Section(s):\nPHMSA-2008-0213\nEmpire Pipeline, Inc., (operator of Empire State Pipeline)\nAugust 8, 2008\n49 CFR § 192.61l(a)\nPurpose:\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA) provides this\ninformation to describe the facts of the subject special permit application submitted by Empire\nPipeline, Inc. (Empire), operator ofthe Empire State Pipeline. PHMSA also provides discussion\nof any relevant public comments received with respect to the application, presents the\nengineering and safety analysis of the special permit application, and makes findings regarding\nwhether the requested special permit should be granted and if so under what conditions.\nPipeline System Affected:\nThis special permit request involves five (5) special permit segments along Empire's 24-inch\nnatural gas transmission pipeline known as the Empire State Pipeline. The five special permit\nsegments are located in Niagara, Genesee, and Monroe Counties, NY. The class location ofthe\nspecial permit segments have changed from Class 1 Locations to Class 2 Location or a Class 21\nLocations to Class 3 Locations.\nNiagara, Genesee, and Monroe Counties, NY\n1 The Class 3 segments were originally a Class I Location that was upgraded to Class 2 Location by reason of\nhydrostatic test in accordance with § 192.611(a).\n\n<<<PAGE 2>>>\n\n2\nThis special permit applies to the special permit segments defined using Empire's Survey Station\nNumbers. Mileposts are provided for information only.\n• Special Permit Segment 1 - 24-inch Empire State Pipeline mainline, approximately 730 feet\nin length, located in Genesee County, New York, from Survey Station 3027 + 50 to Survey\nStation 3034 + 80; (MP 57.33 to MP 57.49)\n• Special Permit Segment 2 - 24-inch Empire State Pipeline mainline, approximately 1,715\nfeet in length, located in Monroe County, New York, from Survey Station 4018 + 73 to\nSurvey Station 4035 + 88; (MP 76.09 to MP 76.42)\n• Special Permit Segment 3 - 24-inch Empire State Pipeline mainline, approximately 1,650\nfeet in length, located in Monroe County, New York, from Survey Station 4483 + 10 to\nSurvey Station 4499 + 60; (MP 84.88 to MP 85.19)\n• Special Permit Segment 4 - 24-inch Empire State Pipeline mainline, approximately 2,675\nfeet in length, located in Niagara County, New York, from Survey Station 1230 + 69 to\nSurvey Station 1257 + 44; (MP 23.30 to MP 23.81)\n• Special Permit Segment 5, 24-inch Empire State Pipeline mainline, approximately, 1,760\nfeet in length, located in Niagara County, New York, from Survey Station 1330 + 50 to\nSurvey Station 1348 + 10; (MP 25.19 to MP 25.54)\nNiagara, Genesee, Monroe, Ontario, Wayne, Cayuga, Onondaga and Oswego Counties, NY\nSpecial permit inspection area - means the area that extends 220 yards on each side of the\ncenterline of 24\" mainline along the entire length ofthe Empire State Pipeline from Mile Post 0\n(NY/Canada Border) to Mile Post 157 (Phoenix, NY). The special permit inspection area is\nlocated in Niagara, Genesee, Monroe, Ontario, Wayne, Cayuga, Onondaga and Oswego\nCounties, NY. The total length of the special permit inspection area is approximately 157 miles.\nThe Empire State Pipeline special permit inspection area includes the following sections:\n• Western Section - from Mile Post 0 in Niagara County, New York to Mile Post 90.8 in\nOntario County, New York and the pipeline has an MAOP of 1440 pounds per square\ninch gauge (psig); and\n• Eastern Section - from Mile Post 90.8 in Ontario County, New York to Mile Post 157 in\nOswego County, New York and the pipeline has an MAOP of 1000 psig.\n\n<<<PAGE 3>>>\n\n3\nSpecial Permit Request\nEmpire submitted an application to PHMSA on August 8, 2008, for a special permit seeking\nrelief from the Federal pipeline safety regulations in 49 CFR § 192.611(a) for five (5) segments\nof the Empire State Pipeline where a change has occurred from a Class 1 or 2 to Class 3\nLocations. As requested, this special permit would allow Empire to continue to operate the\npipeline segments at their current maximum allowable operating pressure (MAOP) of 1440 psig\nin the Western Section and 1000 psig in the Eastern Section. The Federal pipeline safety\nregulations in 49 CFR § 192.611(a) require natural gas pipeline operators to confirm or revise the\nMAOP of a pipeline segment after a change in class location. A special permit would allow\nEmpire to continue to operate each of the five (5) special permit segments at their existing\nMAOP's despite a change in class location.\nIn its application, Empire suggested that the five (5) special permit segments be included in one\nseparate special permit inspection area (see Empire's applicat,ion for the specific details). The\nspecial permit inspection area on the Empire State Pipeline will begin approximately 23.3 miles\nupstream of the beginning of the special permit segment 1 extend through the five special permit\nsegments and end approximately 71.8 miles downstream of the ending of special permit\nsegment 5, The total length of the special permit inspection area is approximately 157 miles.\nPublic Notice:\nOn January 23,2009, PHMSA posted a notice of this special permit request in the Federal\nRegister (74 FR 4297). The request letter, Federal Register notice and all related documents are\navailable for review in Docket No. PHMSA-2008-0213 in the Federal Docket Management\nSystem (FDMS) located on the internet at www.Regulations.gov.\nPHMSA did not receive any public comments on this special permit request.\nAnalysis:\nBackground: On June 29, 2004, PHMSA published in the Federal Register (69 FR 38948) the\ncriteria it uses for the consideration of class location change waivers, now being granted through\nspecial permits. First, certain threshold requirements must be met for a pipeline section to be\nfurther evaluated for a class location change special permit. Second, the age and manufacturing\n\n<<<PAGE 4>>>\n\n4\nprocess of the pipe; system design and construction; environmental, operating and maintenance\nhistories; and integrity management program elements are evaluated as significant criteria.\nThese significant criteria are presented in matrix form and can be reviewed in the FDMS, Docket\nNumber PHMSA-2004-1740I. Third, such special permits may only then be granted when pipe\nconditions and active integrity management provide a level of safety greater than or equal to a\npipe replacement or pressure reduction.\nThreshold Requirements: Each of the threshold requirements published by PHMSA in the\nJune 29, 2004, FR notice is discussed below in regards to the Empire special permit petition.\n1) No pipeline segments in a class location changing to Class 4 Location will be considered.\nThis special permit request is for five segments of Empire's Empire State Pipeline where a\nclass location change has occurred from Class 1 Location to Class 3 Location or Class 2\nLocation to Class 3 Location. Empire has met this requirement.\n2) No bare pipe will be considered. The Empire special permit segments are coated with fusion\nbonded epoxy (FBE) coating. Empire has met this requirement.\n3) No pipe containing wrinkle bends will be considered. There are no wrinkle bends in this\nspecial permit segment.","truncated":true,"body_characters":107957}