# Empire Pipeline Company — Pipeline Special Permit - **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. <<>> u.s. Department of Transportation Pipeline and Hazardous Materials Safety Administration Mr. Ronald C. Kraemer President Empire Pipeline, Inc. 6363 Main Street Williamsville, NY 14221-5887 1200 New Jersey Ave., SE Washington, DC 20590 MAY 2·t 2010 Docket No. PHMSA-2008-0213 Dear Mr. Kraemer: On August 8, 2008, Empire Pipeline, Inc. (Empire) wrote to the Pipeline and Hazardous Materials Safety Administration (PHMSA), as operator of Empire State Pipeline, requesting a waiver of compliance from PHMSA's pipeline safety regulation 49 CFR § 192.611(a) for five (5) segments on the Empire State Pipeline 24-inch natural gas transmission pipeline system in Niagara, Genesee, and Monroe Counties, New York. The regulation requires confirmation or revision of the maximum allowable operating pressure (MAOP) of a pipeline segment where the class location has changed. PHMSA is granting this special permit ( enclosure), which allows Empire to continue to operate the five (5) segments ofthe Empire State Pipeline at their current MAOP of 1440 pounds per square inch (psig). This special permit provides relief from the specified Federal pipeline safety regulations for the Empire State Pipeline and requires Empire to comply with certain conditions and limitations designed to maintain pipeline safety. PHMSA grants this special permit based on the findings set forth in the "Special Permit Analysis and Findings" document, which can be read in its entirety in Docket No. PHMSA-2008-0213 in the Federal Docket Management System (FDMS) located on the internet at www.Regulations.gov. My staff would be pleased to discuss this special permit or any other regulatory matter with you. John Gale, Director of Regulations (202-366-0434), may be contacted on regulatory matters and Alan Mayberry, Deputy Associate Administrator for Pipeline Safety (202-366-5124), may be contacted on technical matters specific to this special permit. Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure (Special Permit) <<>> U.S. Department ofTransportation Pipeline cmd Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 JUL 3 0 2014 Mr. Ronald C. Kraemer President Empire Pipeline, Inc. 6363 Main Street Williamsville, NY 14221-5887 Ref: Special Permit · PHMSA-2008-0213 Dear Mr. Kraemer: The Pipelme and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety hereby gives notice that special permit PHMSA-2008-0213 issued to Empire Pipeline, Inc. (Empire) on March 20, 2010, will expire on March 20, 2015. If Empire wishes to renew this special permit, the PHMSA Associate Administrator for Pipeline Safety must be notified at least !80 days prior to the expiration of the Special Permit. The procedures for renewal are outlined on the following pages. My staff would be pleased to discuss this special permit or any other regulatory matter with you. Mr. John Gale, Director of Standards and Rulemaking Division, may be contacted at 202- 366-0434 for regulatory matters, and Mr. Ken Lee, Director of Engineering and Research Division, may be contacted at 202-366-2694 for technical matters specific to the renewal of this special permit. Sincerely, A~~f~ ~ Associate Administrator for Pipeline Safety <<>> The Pipeline and Hazardous Materials Safety Administration (PHMSA) Office of Pipeline Safety (OPS) Federal Special Permit Renewal Requirements June 2014 Special permits issued with an expiration date must be renewed prior to the expiration of the special permit. Special permits requiring renewal are defined as: Special permits issued with an expiratioc date in the "limitations" section of the existing special permit. A notice of intent to renew the expiring special permit must be made at least 180 days prior to the expiration. Renewal requests sent by United States Postal Service mail, express mail, or overnight courier, must be addressed to: Tt.e Associate Administrator for Pipeline Safety Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, East Building Washington, DC 20590 To expedite the delivery of the renewal application and attachments, we encourage pipeline operators to provide us with an electronic copy of the renewal application. The electronic copy renewal request must be sent by e-mail to John.Gale@dot.gov and kay.mciver@dot.gov. Please do not fax PHMSA renewal requests or documents. PHMSA may seek additional operational, integrity or environmental assessment information prior to granting any request for special permit. The renewal application must contain: (a) Special Permit: A copy of the original grant of the special permit. (b) Docket: PHMSA Docket Number of the issued special permit (c) Summary Report: A summary report that defines the following information from the issuance of the special permit to present. (i) Special Permit Number (ii) Grantee, or Pipeline Owner or Operator: 1) Parent Company: 2) Executive Contact: Mailing Address, Phone Number and e-mail address; and 3) Technical or Operational Contact: Mailing Address, Phone Number and e-mail address. (iii) Location of Special Permit: areas on the pipeline where the special permit is applicable including: diameter, mile posts, county, and state. (iv) Applicable Usage or Need of the Special Permit: original and future including applicable Federal Code sections for special permit. Empire Pipeline, Inc. - PHMSA-2008-0213 Page 2 of 4 <<>> ( v) Annual Report: A copy of each special permit annual report generated since the issuance of the special permit (maximum of 5 reports). [Reports on file. Not needed at this time.]. (vi) Operating Pressure for Special Permit Segment: Maximum allowable operating pressure (MAOP); class location (including boundaries on aerial photography). (vii) High Consequence Areas (HCAs) for Special Permit Segment: HCA boundaries on aerial photography; (viii) Material Properties for Special Permit Segment: Pipeline material documentation for all pipe, fittings, flanges, and any other facilities included in the special permit. Material documentation for the special permit segments must include applicable: 1) Pipe: diameter, wall thickness, grade, and seam type; pipe coating including girth weld coating; 2) MechanicaUChemical Properties: yield strength, tensile strength, and chemical composition. (Operator may furnish an example mill test report (mechanical and chemical properties) for the special permit segment pipe. PHMSA will determine the need for complete documents based upon the example mill test report and original submittals.); 3) Test Pressure: Hydrostatic test pressure and date including pressure and temperature charts and logs and any known test failures; (Operator may contact PHMSA to determine if charts and logs are needed based upon original submittal.) (ix) In-line inspection (ILl) for Special Permit Segments and Areas: ILl survey summary results from all ILl tools used on the special permit segments and areas during the previous four (4) years, summary to include any actionable anomalies or dents found, and all cracks in pipe body, pipe seam or girth weld. (x) Integrity Data Integration Summary for Special Permit: Integrity data integration summary must be based upon threats as identified in Condition 4 (in accordance with 49 CFR §§ 192.937 (a) and (b), 192.917, and 192.939), as applicable, for the past four ( 4) years including: class location, HCAs, hydrostatic test pressure including any known test failures -if tests were conducted; casings (any shorts); any in-service ruptures or leaks; close interval survey (CIS) results; depth of cover surveys; rectifier readings; test point survey readings; AC/DC interference surveys; pipe coating SJlrveys; pipe coating and anomaly evaluations from pipe excavations and pipe exposures from encroachments; stress con·osion cracking, selective seam weld corrosion and hard spot excavations and findings. (xi) In-service incidents for Special Permit Segments and Areas: Any in- service ruptures or leaks including repair type and failure investigation findings; aerial photography of area, within the special permit segment and special permit inspection area, if applicable. Empire Pipeline, Inc.- PHMSA-2008-0213 Page 3 of 4 <<>> (xii) Special Permit Conditions: any suggested condition modifications required to maintain safety and the environment. (xiii) Summary Report: The summary report must demonstrate that the special permit is still consistent with pipeline safety and show that the operations and management plan (O&M Plan) has periodic and systemic integrity assessment and remedial measures to ensure that there is an ongoing program to locate, assess, and remediate safety threats. (d) Renewals: For renewal requests made at least 180 days before the special permit expires and that conform to the requirements of the renewal process, the special permit will continue to be in effect and not expire until PHMSA takes a final administrative action on the renewal. After all documents are reviewed and the Associate Administrator, Office of Pipeline Safety, determines that the Special Permit is consistent with federal regulations for public safety and the environment, a letter of decision and an updated special permit will be mailed to the operator. The Special Permit letter of decision, conditions, and findings and analysis will be placed in the corresponding docket at www .regulations.gov. (e) State Partners: State partners in the affected state/swill be notified of the renewal application. A Federal Register Notice of the renewal application will be initiated for a 30·day comment period. (f) Environmental Assessment: An Environmental Assessment (EA) may not be needed if one was conducted and noticed for the original special permit. If an EA must be conducted, then the renewal process will be lengthier. The operator will be responsible for developing and submitting the EA documents. PHMSA will review the EA for conformity to National Environmental Policy Act and federal pipeline regulations. The EA will be publicized in the Federal Register for a 30-day comment period. (g) Denial of renewal request: If the Special Permit request is denied, the denial will be handled in accordance with the procedures outlined in 49 CFR § 190.341. Empire Pipeline, Inc.- PHMSA-2008-0213 Page 4 of 4 <<>> U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 AUG 12 2014 Mr. Ronald C. Kraemer President Empire Pipeline, Inc. 6363 Main Street Williamsville, NY 14221-5887 Ref: Correction to issuance and renewal date of Special Permit - PHMSA-2008-0213 Dear Mr. Kraemer: In keeping with a conversation between Ms. Kay Mciver of PHMSA staff and Jim Sharpless of Empire Pipeline, Inc., this letter is being sent to give notice and correct the issued and expiration date of Special Permit, PHMSA-2008-0213. The Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety hereby gives notice that special permit PHMSA-2008-0213 issued to Empire Pipeline, Inc. (Empire) on May 20, 2010, will expire on May 20, 2015. If Empire wishes to renew this special permit, the PHMSA Associate Administrator for Pipeline Safety must be notified at least 180 days prior to the expiration of the Special Permit. The procedures for renewal are outlined on the following pages. My staff would be pleased to discuss this special permit or any other regulatory matter with you. Mr. Kenneth Lee, Director of Engineering and Research Division, may be contacted at 202-366-2694 for technical matters. I can be contacted at 202-366-0434 for regulatory matters specific to the renewal of this special permit. Director, Standards and Rulemaking <<>> AUG 12 2014 The Pipeline and Hazardous Materials Safety Administration (PHMSA) Office of Pipeline Safety (OPS) Federal Special Permit Renewal Requirements June 2014 Special permits issued with an expiration date must be renewed prior to the expiration of the special permit. Special permits requiring renewal are defined as: Special permits issued with an expiration date in the "limitations" section of the existing special permit. A notice of intent to renew the expiring special permit must be made at least 180 days prior to the expiration. Renewal requests sent by United States Postal Service mail, express mail, or overnight courier, must be addressed to: The Associate Administrator for Pipeline Safety Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, East Building Washington, DC 20590 To expedite the delivery of the renewal application and attachments, we encourage pipeline operators to provide us with an electronic copy of the renewal application. The electronic copy renewal request must be sent by e-mail to John.Gale@dot.gov and kay.mciver@dot.gov. Please do not fax PHMSA renewal requests or documents. PHMSA may seek additional operational, integrity or environmental assessment information prior to granting any request for special permit. The renewal application must contain: (a) Special Permit: A copy of the original grant of the special permit. (b) Docket: PHMSA Docket Number of the issued special permit (c) Summary Report: A summary report that defines the following information from the issuance of the special permit to present. (i) Special Permit Number (ii) Grantee, or Pipeline Owner or Operator: 1) Parent Company: 2) Executive Contact: Mailing Address, Phone Number and e-mail address; and 3) Technical or Operational Contact: Mailing Address, Phone Number and e-mail address. Empire Pipeline, Inc.- PHMSA-2008-0213 Page 2 of 4 <<>> AUG 12 2014 (iii) Location of Special Permit: areas on the pipeline where the special permit is applicable including: diameter, mile posts, county, and state. (iv) Applicable Usage or Need of the Special Permit: original and future including applicable Federal Code sections for special permit. (v) Annual Report: A copy of each special permit annual report generated since the issuance of the special permit(maximum of 5 reports). [Reports on file. Not needed at this time.]. (vi) Operating Pressure for Special Permit Segment: Maximum allowable operating pressure (MAOP); class location (including boundaries on aerial photography). (vii) High Consequence Areas (HCAs) for Special Permit Segment: HCA boundaries on aerial photography; (viii) Material Properties for Special Permit Segment: Pipeline material documentation for all pipe, fittings, flanges, and any other facilities included in the special permit. Material documentation for the special permit segments must include applicable: 1) Pipe: diameter, wall thickness, grade, and seam type; pipe coating including girth weld coating; 2) Mechanical/Chemical Properties: yield strength, tensile strength, and chemical composition. (Operator may furnish an example mill test report (mechanical and chemical properties) for the special permit segment pipe. PHMSA will determine the need for complete documents based upon the example mill test report and original submittals.); 3) Test Pressure: Hydrostatic test pressure and date including pressure and temperature charts and logs and any known test failures; (Operator may contact PHMSA to determine if charts and logs are needed based upon original submittal.) (ix) In-line inspection (ILl) for Special Permit Segments and Areas: ILl survey summary results from all ILl tools used on the special permit segments and areas during the previous four ( 4) years, summary to include any actionable anomalies or dents found, and all cracks in pipe body, pipe seam or girth weld. (x) Integrity Data Integration Summary for Special Permit: Integrity data integration summary must be based upon threats as identified in Condition 4 (in accordance with 49 CFR §§ 192.937 (a) and (b), 192.917, and 192.939), as applicable, for the past four (4) years including: class location, HCAs, hydrostatic test pressure including any known test failures -if tests were conducted; casings (any shorts); any in-service ruptures or leaks; close interval survey (CIS) results; depth of cover surveys; rectifier readings; test point survey readings; AC/DC interference surveys; pipe coating surveys; pipe coating and anomaly evaluations from pipe excavations and pipe exposures from encroachments; stress corrosion cracking, selective seam weld corrosion and hard spot excavations and findings. Empire Pipeline, Inc.- PHMSA-2008-0213 Page 3 of 4 <<>> AUG 12 10\~ (xi) In-service incidents for Special Permit Segments and Areas: Any in- service ruptures or leaks including repair type and failure investigation findings; aerial photography of area, within the special permit segment and special permit inspection area, if applicable. (xii) Special Permit Conditions: any suggested condition modifications required to maintain safety and the environment. (xiii) Summary Report: The summary report must demonstrate that the special permit is still consistent with pipeline safety and show that the operations and management plan (O&M Plan) has periodic and systemic integrity assessment and remedial measures to ensure that there is an ongoing program to locate, assess, and remediate safety threats. (d) Renewals: For renewal requests made at least 180 days before the special permit expires and that conform to the requirements of the renewal process, the special permit will continue to be in effect and not expire until PHMSA takes a final administrative action on the renewal. After all documents are reviewed and the Associate Administrator, Office of Pipeline Safety, determines that the Special Permit is consistent with federal regulations for public safety and the environment, a letter of decision and an updated special permit will be mailed to the operator. The Special Permit letter of decision, conditions, and findings and analysis will be placed in the corresponding docket at www .regulations.gov. (e) State Partners: State partners in the affected state/s will be notified of the renewal application. A Federal Register Notice of the renewal application will be initiated for a 30-day comment period. (f) Environmental Assessment: An Environmental Assessment (EA) may not be needed if one was conducted and noticed for the original special permit. If an EA must be conducted, then the renewal process will be lengthier. The operator will be responsible for developing and submitting the EA documents. PHMSA will review the EA for conformity to National Environmental Policy Act and federal pipeline regulations. The EA will be publicized in the Federal Register for a 30-day comment period. (g) Denial of renewal request: If the Special Permit request is denied, the denial will be handled in accordance with the procedures outlined in 49 CFR § 190.341. Empire Pipeline, Inc.- PHMSA-2008-0213 Page 4 of 4 <<>> empire Pipeline A National Fuel Gas Company Ronald C. Kraemer President May 18, 2018 Robert Burrough, Director PHMSA Pipeline Safety Eastern Region Office 820 Bear Tavern Road, Suite 103 West Trenton, NJ 08628 RE: Empire State Pipeline DOCKET NO. PHMSA-2008-0213 Gentlemen: On May 20, 2010, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") granted Empire Pipeline, Inc. ("Empire") a special permit in the proceeding referenced above allowing Empire to continue to operate five segments of its pipeline system at their current MAOP of 1440 pounds per square inch (the "Special Permit"). On May 20, 2015, PHMSA renewed and modified the Special Permit for a term ending May 20, 2020. On March 28, 2017, PHMSA again modified the Special Permit to add a sixth special permit segment. Pursuant to Condition 15 to the Special Permit as renewed and modified, attached is Empire's eighth annual report. Questions regarding this submission should be directed to the undersigned at (716) 857-7536. Very truly yours, Ronald C. Kraemer, President Enclosures CC: John Gale, Director PHMSA Standards and Rulemaking Division 1200 New Jersey Ave., SE U.S. Department of Transportation Washington, DC 20590 <<>> Kevin Speicher, Chief-Safety Section New York State Public Service Commission Department of Public Service 3 Empire State Plaza Albany, New York 12223-1350 electronically filed at regulations.gov in Docket PHMSA-2008-0213 Page 2 of 5 <<>> EIGHTH ANNUAL REPORT OF EMPIRE PIPELINE, INC. (“EMPIRE”) DOCKET NO. PHMSA-2008-0213 ITEM A: Describe the economic benefit to the company. This should address both the costs avoided from not replacing pipe as well as the added costs of the inspection program. This should be required for initial report only. Subsequent reports will address any changes. RESPONSE: No changes to report. Although there have been no substantial changes to the physical sections of pipe that would need to be replaced were PHMSA to have not issued this special permit, the costs of contractors, materials and inspection for pipeline construction continue to rise on an annual basis. Empire does not prepare/revise this estimate annually. In summary, the economic benefit (avoided costs) continue to increase with each year that the Special Permit is in place. ITEM B: Describe how the public benefits from energy availability. This should address the benefits of avoided disruptions as a consequence of pipe replacement and the benefits of maintaining system capacity. Subsequent reports will address any changes. RESPONSE: Empire anticipates the continued and increased need for pipeline capacity on its system, as a result of the abundant Marcellus and Utica Shale Gas supplies immediately to the south of the Empire Connector Pipeline, in Pennsylvania. Pursuant to FERC certificate authorization in Docket No. CP11-493-000, Empire extended its system into Pennsylvania, providing a new source of high pressure supply (1,290 psig) into the pipeline system. The design of these facilities required the replacement of a 1.3 mile section of 1,000 psig pipeline, with pipe capable of 1,440 psig – extending eastward the 1,440 psig section of the special permit inspection area. These facilities were placed in service in November of 2011. Empire is in the process of designing additional facilities to meet requests for incremental capacity, which would likely involve Marcellus Shale gas deliveries into the Empire Pipeline at pressures up to the 1,440 psig MAOP. A reduction in MAOP would preclude Empire from developing the capacity needed to access these economic, incremental gas supplies. Please refer to Empire’s initial report for additional discussion of public benefits. ITEM C: Number of new residences, other structures intended for human occupancy and public gathering areas built within one (1) mile on either end of the special permit segments. RESPONSE: Empire meets with contractors and developers to track all proposed future developments in the vicinity of the pipeline. Since the special permit Page 3 of 5 <<>> application was submitted on August 8, 2008, four (4) new houses or other structures have been constructed in the special permit segments. Based on GIS data, within one (1) mile on either end of each special permit segment, there are currently 307 occupied structures (BIHOs) and six (6) gathering sites within 660 feet of the pipeline center line, including 17 BIHOs and no gathering sites identified since the previous annual report. Without Empire’s compliance with the conditions of the special permit, many of the residents outside the special permit segments would not benefit from the integrity enhancements associated with this special permit such as the full pipeline ILI. Additional houses and gathering places are continually reviewed for any impact on the current class location designation for other sections of the pipeline. ITEM D: Describe any new integrity threats identified during the previous year and the results of any ILI or Direct Assessments performed (including any un- remediated anomalies over 30% wall loss; cracking found in the pipe body, weld seam or girth welds; and dents with metal loss, cracking or stress riser) during the previous year in the special permit inspection area. RESPONSE: Empire did not identify any new integrity threats in the special permit inspection area in the previous 12 months. An External Corrosion Direct Assessment was performed in Special Permit Segment 6 in August, 2017. Empire did not identify any un-remediated anomalies over 30% wall loss; cracking found in the pipe body, weld seam or girth welds; nor dents with metal loss, cracking or a stress riser. ITEM E: Any reportable incident, any leak normally indicated on the DOT Annual Report and all repairs on the pipeline that occurred during the previous year in the special permit inspection area. RESPONSE: There were no reportable incidents or leaks on the pipeline in the special permit inspection area during the previous 12 months. ITEM F: Any ongoing damage prevention initiatives affecting the special permit inspection area and a discussion of the success of the initiatives. RESPONSE: Excavation, use of augers, directional drilling, logging and other earth moving activities are common examples of third party activities that could lead to damage to transmission pipelines. Empire’s damage prevention programs, including participation in a One Call System and public education, reduce the risk exposure to the activities of outside contractors, farmers, landowners, public works, other utilities or the operator that can result in pipeline damage. Empire sponsored five (5) New York Dig Safely Excavation Safety Seminars in an effort to reach out to additional contractors in the operating area during 2018. Locations of the Empire Pipeline at all roads and railroads are marked as required in 49 CFR 192.707. The line’s position is flagged/marked for anyone notifying Dig Safely New York of their intent to excavate or perform construction in the vicinity of the pipeline. Empire personnel stand by for all excavations within 25 feet of the pipeline. Page 4 of 5 <<>> Hand excavation is required within 24 inches of the line. Bi-annually, all owners and occupants of property within 660 feet of the pipeline receive a pamphlet describing the pipeline, safety considerations, and numbers to call with any questions or concerns. Area contractors and first responders, such as fire and police departments, are also offered training each year through a third-party contractor, and beginning in May 2017 National Fuel and Empire began offering a seven-part, self-directed, interactive, online training program that provides emergency response personnel with the information they need to safely identify and respond to incidents that involve natural gas pipelines and other natural gas facilities. Aerial and foot patrols are used to monitor encroachment and construction activity along the pipeline. The New York Public Service Commission (as agent for PHMSA) conducted a special permit audit during June 2012 and reviewed Empire’s damage prevention program for compliance. More recently, a PHMSA audit of the Empire Pipeline was conducted in July 2014, including a review of Empire’s damage prevention program. Previous inspections of the operation and maintenance of the Empire Pipeline have confirmed Empire’s regulatory compliance. There are no outstanding safety issues. ITEM G: Any mergers, acquisitions, transfers of assets, or other events affecting the regulatory responsibility of the company operating the pipeline. RESPONSE: There have been no mergers, acquisitions, transfers of assets, or other events affecting the regulatory responsibility of Empire. Page 5 of 5 <<>> U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 24, 2020 Mr. Ronald C. Kraemer President Empire Pipeline, Inc. 6363 Main Street Williamsville, New York 14221-5887 Ref: Special Permit Renewal - May 20, 2020 to May 20, 2030 Docket No. PHMSA-2008-0213 Dear Mr. Kraemer: On November 22, 2019, pursuant to 49 Code of Federal Regulations (CFR) § 190.341, the Empire Pipeline, Inc. (Empire) applied to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for the renewal of the special permit, PHMSA-2008-0213, originally issued on May 20, 2010 and renewed on May 20, 2015. On August 19, 2016, Empire applied to PHMSA for an extension of an additional segment to the special permit. On March 3, 2017, special permit segment six (6) was added and the expiration date of all segments was kept as May 20, 2020. The special permit waives compliance with 49 CFR § 192.611(a) for six (6) pipeline segments where the class location has changed from a Class 1 to a Class 3 location. The six (6) special permit segments total 10,475 feet of 24-inch diameter pipe on the Empire State Pipeline located in Genesee, Monroe, Niagara, and Wayne Counties, New York. The special permit allows Empire to continue operation of the original Class 1 pipe in Class 3 locations, subject to the conditions set forth in the special permit. On March 9, 2020, PHMSA published a Federal Register notice (85 FR 13703) announcing the special permit renewal request. The special permit renewal request letter and all other pertinent documents are available for review in Docket No. PHMSA-2008-0213 in the Federal Docket Management System located at www.regulations.gov. <<>> One comment was submitted to the docket on April 7, 2020, stating that the counties that the six (6) pipeline segments are in are home to Iroquois tribes.1 The commenter did not object to the proposed renewal or any aspect of the proposed renewal. Instead, the commenter cited various judicial opinions resulting from Native American challenges to other government agencies dealing with pipeline construction. This special permit is for continuing the safe operation and maintenance of an existing pipeline. Furthermore, PHMSA has not received a request for tribal consultation related to this special permit renewal. PHMSA has reviewed all operational and maintenance data submitted by Empire for the special permit segments. PHMSA finds that there has been no material change in conditions and that Empire continues to meet the terms of the special permit. Based on the information provided by Empire, PHMSA has determined that renewal of the special permit would not be inconsistent with pipeline safety. Furthermore, PHMSA is modifying the special permit renewal timing interval from 5 years to 10 years in Limitation 7. The modifications to Limitation 7 are italicized and underlined below. Limitation 7: PHMSA grants this special permit for a period of no more than ten (10) years from the grant date. If Empire elects to seek renewal of this special permit, a renewal request must be submitted at least 180 days prior to expiration of the ten-year period, to the PHMSA Associate Administrator, with copies to the Director, Division of Engineering and Research, and Director, Office of Pipeline Safety, Eastern Region. PHMSA may seek additional information from Empire prior to granting a request for special permit renewal. Accordingly, pursuant to 49 CFR § 190.341, by this Order, and as outlined in the existing special permit, PHMSA grants the renewal of PHMSA-2008-0213, from May 20, 2020, through May 20, 2030, to Empire to continue its operation of the Empire State Pipeline in Genesee, Monroe, Niagara, and Wayne Counties, New York. This special permit renewal Order continues to waive compliance with certain Federal regulations in 49 CFR § 192.611(a)(1). My staff would be pleased to discuss this special permit or any other regulatory matter with you. Sentho White, Director of Engineering and Research Division, may be contacted at 202-366- 2415, for technical matters; and Robert Burrough, Director, Office of Pipeline Safety, Eastern Region may be contacted at 609-771-7809, for operational matters specific to the renewal of this special permit. Sincerely, ALAN KRAMER MAYBERRY Digitally signed by ALAN KRAMER MAYBERRY Date: 2020.04.24 15:20:19 -04'00' Alan K. Mayberry, Associate Administrator for Pipeline Safety 1 https://www.regulations.gov/searchResults?rpp=25&po=0&s=PHMSA-2008-0213 PHMSA-2008-0213 – Empire Pipeline, Inc. Special Permit Renewal - May 20, 2020 to May 20, 2030 Page 2 of 2 <<>> 1 U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) Special Permit Analysis and Findings Special Permit Information: Docket Number: Pipeline Operator: Date Requested: Code Section(s): PHMSA-2008-0213 Empire Pipeline, Inc., (operator of Empire State Pipeline) August 8, 2008 49 CFR § 192.61l(a) Purpose: The Pipeline and Hazardous Materials Safety Administration (PHMSA) provides this information to describe the facts of the subject special permit application submitted by Empire Pipeline, Inc. (Empire), operator ofthe Empire State Pipeline. PHMSA also provides discussion of any relevant public comments received with respect to the application, presents the engineering and safety analysis of the special permit application, and makes findings regarding whether the requested special permit should be granted and if so under what conditions. Pipeline System Affected: This special permit request involves five (5) special permit segments along Empire's 24-inch natural gas transmission pipeline known as the Empire State Pipeline. The five special permit segments are located in Niagara, Genesee, and Monroe Counties, NY. The class location ofthe special permit segments have changed from Class 1 Locations to Class 2 Location or a Class 21 Locations to Class 3 Locations. Niagara, Genesee, and Monroe Counties, NY 1 The Class 3 segments were originally a Class I Location that was upgraded to Class 2 Location by reason of hydrostatic test in accordance with § 192.611(a). <<>> 2 This special permit applies to the special permit segments defined using Empire's Survey Station Numbers. Mileposts are provided for information only. • Special Permit Segment 1 - 24-inch Empire State Pipeline mainline, approximately 730 feet in length, located in Genesee County, New York, from Survey Station 3027 + 50 to Survey Station 3034 + 80; (MP 57.33 to MP 57.49) • Special Permit Segment 2 - 24-inch Empire State Pipeline mainline, approximately 1,715 feet in length, located in Monroe County, New York, from Survey Station 4018 + 73 to Survey Station 4035 + 88; (MP 76.09 to MP 76.42) • Special Permit Segment 3 - 24-inch Empire State Pipeline mainline, approximately 1,650 feet in length, located in Monroe County, New York, from Survey Station 4483 + 10 to Survey Station 4499 + 60; (MP 84.88 to MP 85.19) • Special Permit Segment 4 - 24-inch Empire State Pipeline mainline, approximately 2,675 feet in length, located in Niagara County, New York, from Survey Station 1230 + 69 to Survey Station 1257 + 44; (MP 23.30 to MP 23.81) • Special Permit Segment 5, 24-inch Empire State Pipeline mainline, approximately, 1,760 feet in length, located in Niagara County, New York, from Survey Station 1330 + 50 to Survey Station 1348 + 10; (MP 25.19 to MP 25.54) Niagara, Genesee, Monroe, Ontario, Wayne, Cayuga, Onondaga and Oswego Counties, NY Special permit inspection area - means the area that extends 220 yards on each side of the centerline of 24" mainline along the entire length ofthe Empire State Pipeline from Mile Post 0 (NY/Canada Border) to Mile Post 157 (Phoenix, NY). The special permit inspection area is located in Niagara, Genesee, Monroe, Ontario, Wayne, Cayuga, Onondaga and Oswego Counties, NY. The total length of the special permit inspection area is approximately 157 miles. The Empire State Pipeline special permit inspection area includes the following sections: • Western Section - from Mile Post 0 in Niagara County, New York to Mile Post 90.8 in Ontario County, New York and the pipeline has an MAOP of 1440 pounds per square inch gauge (psig); and • Eastern Section - from Mile Post 90.8 in Ontario County, New York to Mile Post 157 in Oswego County, New York and the pipeline has an MAOP of 1000 psig. <<>> 3 Special Permit Request Empire submitted an application to PHMSA on August 8, 2008, for a special permit seeking relief from the Federal pipeline safety regulations in 49 CFR § 192.611(a) for five (5) segments of the Empire State Pipeline where a change has occurred from a Class 1 or 2 to Class 3 Locations. As requested, this special permit would allow Empire to continue to operate the pipeline segments at their current maximum allowable operating pressure (MAOP) of 1440 psig in the Western Section and 1000 psig in the Eastern Section. The Federal pipeline safety regulations in 49 CFR § 192.611(a) require natural gas pipeline operators to confirm or revise the MAOP of a pipeline segment after a change in class location. A special permit would allow Empire to continue to operate each of the five (5) special permit segments at their existing MAOP's despite a change in class location. In its application, Empire suggested that the five (5) special permit segments be included in one separate special permit inspection area (see Empire's applicat,ion for the specific details). The special permit inspection area on the Empire State Pipeline will begin approximately 23.3 miles upstream of the beginning of the special permit segment 1 extend through the five special permit segments and end approximately 71.8 miles downstream of the ending of special permit segment 5, The total length of the special permit inspection area is approximately 157 miles. Public Notice: On January 23,2009, PHMSA posted a notice of this special permit request in the Federal Register (74 FR 4297). The request letter, Federal Register notice and all related documents are available for review in Docket No. PHMSA-2008-0213 in the Federal Docket Management System (FDMS) located on the internet at www.Regulations.gov. PHMSA did not receive any public comments on this special permit request. Analysis: Background: On June 29, 2004, PHMSA published in the Federal Register (69 FR 38948) the criteria it uses for the consideration of class location change waivers, now being granted through special permits. First, certain threshold requirements must be met for a pipeline section to be further evaluated for a class location change special permit. Second, the age and manufacturing <<>> 4 process of the pipe; system design and construction; environmental, operating and maintenance histories; and integrity management program elements are evaluated as significant criteria. These significant criteria are presented in matrix form and can be reviewed in the FDMS, Docket Number PHMSA-2004-1740I. Third, such special permits may only then be granted when pipe conditions and active integrity management provide a level of safety greater than or equal to a pipe replacement or pressure reduction. Threshold Requirements: Each of the threshold requirements published by PHMSA in the June 29, 2004, FR notice is discussed below in regards to the Empire special permit petition. 1) No pipeline segments in a class location changing to Class 4 Location will be considered. This special permit request is for five segments of Empire's Empire State Pipeline where a class location change has occurred from Class 1 Location to Class 3 Location or Class 2 Location to Class 3 Location. Empire has met this requirement. 2) No bare pipe will be considered. The Empire special permit segments are coated with fusion bonded epoxy (FBE) coating. Empire has met this requirement. 3) No pipe containing wrinkle bends will be considered. There are no wrinkle bends in this special permit segment. - **truncated:** true - **body characters:** 107957