{"operation":"document","citation":"PHMSA-2016-0004","title":"Tennessee Gas Pipeline Company, L.L.C. — Pipeline Special Permit","source_type":"permit","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2016-09-01","effective_on":"2016-09-01","summary":"PHMSA-2016-0004, issued 2016-09-01 for Tennessee Gas Pipeline Company, L.L.C.'s gas transmission system.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-special-permit-phmsa-2016-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-special-permit-phmsa-2016-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-special-permit-phmsa-2016-0004","source_url":"https://www.regulations.gov/docket/PHMSA-2016-0004","body":"PHMSA pipeline special permit PHMSA-2016-0004. Operator: Tennessee Gas Pipeline Company, L.L.C.. System: Gas Transmission. Issue date: 2016-09-01. Renewal: Mar 17, 2023.\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportat\"1on\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nSeptember I , 20 16\nMr. Gary Buchler\nChief Operating Officer\nTennessee Gas Pipeline Company, L.L.C.\nKinder Morgan Natural Gas Division\n100 I Louisiana Street, Suite I 000\nHouston. Texas 77002\nDocket No. PHMSA-2016-0004\nDear Mr. Buchler:\nOn January 11 , 20 16. T ennessee Gas Pipeline Company, L.L.C. (TGP) wrote to the Pipeline and\nHazardous Materials Safety Administration (PHMSA) requesting a special permit to waive\ncompliance from PHMSA ·s pipeline safety regulation in 49 CFR ** 192.6 11 (a) and (d).\n192.619(a), and 192.5 for pipeline segments where the class location of the segment had been\nchanged in accordance with* 192.5(c), cluster rule. The regulation requires confirmation or\nrevision of the maximum allowable operating pressure (MAOP) of a pipeline segment where the\nclass location has changed.\nT he special permit request is for 192 segments and 49.00 miles of the TGP natural gas\ntransmission pipeline system located in the states of Kentucky. Louisiana. Mississippi. New\nJersey. New York, Ohio, Pennsylvania, Tennessee, Texas and West Virginia. The pipeline\nsegments are generally short in length, not continuous . and are located in multiple states and\ncounties/parishes within those states. T he regulatory relie f from 49 CFR ** 192.611. 192.6 19\nand 192.5 through a special permit would include additional time (5-years) to either replace or\npressure test the pipeline segments in the class location sliding mile and outside the cluster area.\nwhere there arc over I 0 dwellings for human occupancy. Pipeline segments w ith I 0 or fewer\ndwellings for human occupancy outside the cluster area. but w ithin the sliding mile. would not\nbe replaced and TGP would be required by the special permit conditions to implement\nprocedures to maintain pipeline safety by identifying, assessing, and rcmediating integrit y threats\nto the pipeline segments.\nPHMSA is granting this special permit (enclosed). which will allow TGP to continue to operate\nsegments of the TGP pipeline at the ir current MAOPs by implementing integrity management\npractices as defined in the special permit conditions until the pipe is replaced. pressure tested. or\nremecliatecl. This special permit provides re lief from the Federal pipe line safety regulations for\n\n<<<PAGE 2>>>\n\nthe TGP special permit segments and requires TGP to compl y w ith certain conditions and\nlimitations 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-2016-0004 in\nthe Federal Docket Management System (FDMS) located on the internet at\nwww.Regulations.gov.\nMy staff would be pleased to discuss this matter or any other regulatory matter with you.\nMr. John Gale, Director of Standards and Rulemaking Division may be contacted at\n202-366-0434, on regulatory matters and Mr. Kenneth Lee. Director of Engineering and\nResearch Division, may be contacted at 202-366-2694. on technical matters specific to this\nspecial permit application\nSincerely.\nA~!4/0\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure : Special Permit - PHMSA-20 16-0004\nPHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C Letter of Decision Page 2 of2\n\n<<<PAGE 1>>>\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nSpecial Permit Analysis and Findings\nSpecial Permit Information:\nDocket Number:\nRequested By:\nOperator ID#:\nDate Requested:\nCode Section(s):\nPHMSA-20I 6-0004\nTennessee Gas Pipeline Company, L.L.C.\n19160\nJanuary II , 20 I6\n49 CFR §§ I92.6 1I (a) and (d), I92.6 I9(a), and I92.5\nPurpose:\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA) provides this\ninformation to describe the facts of the subject special permit application submitted by\nTennessee Gas Pipeline Company L.L.C. 1 (TOP), to discuss any relevant public comments\nreceived with respect to the application, to present the engineering/safety analysis of the special\npermit application, and to make findings regarding whether the requested special permit should\nbe granted and if so under what conditions. TGP requests that PHMSA waive compliance from\n49 Code of Federal Regulations (CFR) §§ I92.6 Il (a) and (d), 192.6 19(a), and 192.5 for 192\nsegments and 49.00 miles of natural gas transmission pipeline as described in Appendix A?\nPipeline System Affected:\nThis special permit request applies to 192 pipeline segments and 49.00 miles of natural gas\ntransmission pipeline operated by TOP and located in the states of Kentucky, Louisiana,\nMississippi, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas and West Virginia\nwhere a change has occurred from an original Class 1 location to a Class 3 location. This special\n1 Tennessee Gas Pipeline Company L.L.C. is owned by Kinder Morgan, Inc.\n2 Appendix A of this special permit lists the pipeline special permit segment location (County and State), MAOP,\nclass location, diameter, wall thickness, grade, seam type, boundaries, and other attributes. Appendix A can be\nreviewed in Docket PHMSA-20 16-0004 at www.regulations.gov.\nPage 1 of 10\nPHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 2>>>\n\npermit allows TGP to continue to operate the 192 pipeline segments and 49.00 mites at their\ncunent maximum allowable operating pressure (MAOP).\nSpecial Permit Request:\nTGP submitted an application to PHMSA on January II , 20 I6, for a special permit seeking relief\nfrom the Federal pipeline safety regulations in §§ 192.6II(a) and (d), I92.6I9(a), and I92.5 for\n192 segments and 49.00 miles of natural gas transmission pipeline as described in Appendix A of\nthe Special Permit Conditions. The special permit segments are located in the states of\nKentucky, Louisiana, Mississippi, New Jersey, New York, Ohio, Pennsylvania, Tennessee,\nTexas and West Virginia.\nThis special permit applies to the special permit segments listed in Appendix A. Special permit\nsegments shall be divided into two (2) categories: Type A special permit segments and T ype B\nspecial permit segments.\n• Type A special permit segments include those special permit segments where there is a\ncluster, as described in 49 CFR § I92.5(c), of more than 10 buildings intended for human\noccupancy in a \"class location unit\" and for which the MAOP has.not been confirmed in\naccordance with 49 CFR § 192.6 11 (a). Type A special permit segments must be replaced\nor pressure tested so that the MAOP is commensurate with the present class location\nwithin five (5) years of issuance of this special permit. There are 11 .22 miles of Type A\nspecial permit segments and of this total I 0.59 miles must be replaced and 0.63 miles\nmust be pressure tested as listed on Attachment A.\n• Type A special permit segments with pipe with integrity issues as determined by\nConditions 6(c) and 14 or that have not been pressure tested in accordance with 49 CFR\nPart 192, Subpart J to 1.25 times MAOP of this special permit must be replaced within\ntwo and one-half(2 Y2) years of the grant ofthis special permit or within two (2) years of\nassessment find ing.\n• Type B special permit segments include those special permit segments where there is a\ncluster, as described in 49 CFR § I92.5(c), of 10 or fewer buildings intended for human\noccupancy in a \"class location unit\" and for which the MAOP has not been confirmed in\naccordance with 49 CFR § I92.6 II . There are 3 7. 78 miles of Type B special permit\nsegments and 3.84 miles of this total must be pressure tested as listed on Attachment A.\nPage 2 of 10\nPHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 3>>>\n\n• Special permit inspection area3\n- is defined as a one ( 1) mile continuous segment on\nboth sides of the special permit segment (Type A and Type B) plus the footage in the\nspecial permit segment. Appendix A lists the boundaries for the special permit\ninspection area associated with each special permit segment. The special permit\ninspection areas total 433.71 miles of pipe as detailed in Attachment A.\nSubsequent to the issuance of this special permit, those special permit segments that have been\npressure tested or replaced such that the MAOP has been made commensurate with the present\nclass location as defined in 49 CFR § 192.611 would no longer be included in this special permit.\nThis special permit allows TOP to continue to operate the pipeline segments at their current\nmaximum allowable operating pressure (MAOP) until either replaced, hydrostatically tested, or\noperated in accordance with the special permit conditions. 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 TOP\nto continue to operate each of the 192 special permit segments at their existing MAOP's despite\na change in class location for the special permit specified time interval.\nPublic Notice:\nOn February 23, 2016, PHMSA posted a notice of this special permit request in the Federal\nRegister (81 FR 9075). PHMSA received one ( I) public comment letter in response to the draft\nEA from the '·Pipeline Safety Trust\" dated March 24, 2016, concerning this proposed special\npermit. The public comments are summarized as noted below and the referenced Findings of No\nSignificant Impact (FONSI) can be reviewed on the docket (PHMSA-2016-0004) at\nwww.regulations.Q.ov.\n• A summary of the questions asked by Pipeline Safety Trust are below:\n• Only PHMSA announcement of the permit noted the fact that the operator' s\nprevious class locations had been in error. (FONSI Review: Section II)\n3 Special permit inspection areas throughout these conditions include special permit segments unless specifically\ndefined as not applicable or if the special permit segment has more stringent conditions.\nPage 3 of 10\nPHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 4>>>\n\n•\nThe 5-year waiver to accomplish this seems unreasonably long. (FONSI Review:\nSection II, Footnote 2)\n•\nThe Pipeline Safety Trust had several concerns with the information presented in\nthe application and the environmental assessment.\n• Claimed environmental and safety benefit of the permit would occur from\nthe elimination of the methane emissions from pipeline blowdowns;\n(FONSI Review: Section Vlll)\n• Application fails in a couple of cases to provide a complete comparison of\nthe effects of granting or denying the permit including the impact on\nadjacent right-of-way owners by allowing the existing pipe to remain in-\nservice; (FONSI Review: Section V)\n• In the section of Safety Risks the operator indicates that the consequence\nof a failure would be no different if the permit is granted or is denied,\nwithout an indication of whether denying the permit would result in a\nreduction of pressure or pipe replacement; ( FONSI Review: Section V)\n• There appears to be many segments included in the application which have never\nbeen tested in that their MAOP was determined by the Grandfather Clause\n(§ 192.61 9(c)). (FONSI Review: The special permit conditions would require as a\nminimum pressure tests for any segments that had not been pressure tested.)\n• The application fails to give a complete useful response to § 190.341 (c)( 4).\n(FONSI Review: Section II)\n• Rather than use the special permit process in a situation like this, PHMSA should\nconsider entering a consent agreement with the operator with both acknowledging\nthe operator is out of compliance. PHMSA risks regulating many individual\noperators by special permit, without any justification for why the regulations\nshould not be met, in effect negating the safety factors in place under § 192.6 11 or\nother regulations. (FONSI Review: Section II on pages 3 and 4 of 3 1 of the\nFONSI notes as follows: \"PHMSA considered both a Consent Agreement and\nSafety Order in reviewing the issues of the TGP request. Since the operator\nnotified PHMSA of the violation, PHMSA considered a special permit with\nintegrity management concepts in a special permit with conditions an appropriate\nPage 4 of 10\nPHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 5>>>\n\nmechanism for this situation to maintain safety. Also, the special permit\nconditions would ensure the special permit segments were maintained while the\nsegments could be upgraded with pipe replacements or pressure tests. With\nintegrity management procedures being effective in other safety situations,\nPHMSA considers this to be an effective approach for the sliding mile areas with\nI 0 or fewer dwellings or structures for human occupancy, which is the case for\nover 89 percent (171 of 192 segments) of the TOP 192 special permit segments.\"\nThe special permit requires replacement or pressure testing of segments with over\n10 dwelling. The special permit has conditions and integrity management\nprocedures for the special permit inspection area, 433.71 miles of pipeline.)\nThe request letter, Federal Register notice, public comments, FONSI, and all other pertinent\ndocuments are available for review in Docket No. PHMSA-20 16-0004 in the Federal Docket\nManagement System (FDMS) located on the internet at www.Regulations.gov.\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\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- RSPA-2004-1740 l. Third, such special permits will only then be granted\nwhen pipe conditions and the operator's integrity management program provides a level of safety\nequal to a pipe replacement or pressure reduction.\nThreshold Requirements: Each of the threshold requirements published by PHMSA in the\nJune 29, 2004, Federal Register notice is discussed below in regards to the TGP special permit\npetition.\nPage 5 of 10\nPHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 6>>>\n\n1) No pipeline segments in a class location changing to Class 4 location will be considered.\nThis special permit request is for 192 segments on the TOP pipeline system where a class\nlocation change has occurred from Class 1 to Class 3 locations as defined in § 192.5(c) for\ncluster locations and segments outside the cluster (and inside the sliding mile for the class\nlocation) where an additional dwelling(s) have been identified. TOP has met this\nrequirement.\n2) No bare pipe will be considered. These TOP special permit segments are coated with an\nexternal protective coating. TOP has met this requirement.\n3) No pipe containing wrinkle bends will be considered. There are no wrinkle bends in the\nspecial permit segments. TOP has met this requirement.\n4) No pipe segments operating above 72% of the specified minimum yield strength (SMYS)\nwill be considered for a Class 3 special permit. The .special permil segments operate at or\nbelow 72% SMYS. TOP has met this requirement.\n5) Records must be produced that show a hydrostatic test to at least 1.25 x maximum allowable\noperating pressure (MAOP). TOP will pressure test any segments that do not meet this\nrequirement through the special permit conditions.\n6) In~lin\ninspection (ILl) must have been performed with no significant anomalies identified\nthat indicate systemic problems. TOP will meet this requirement through the special permit\nconditions.\n7) Criteria for consideration of class location change waiver, now being granted through special\npermits, published by PHMSA in the Federal Register (69 FR 38948), define a waiver\ninspection area (.special permit inspection area) as up to 25 miles of pipe either side of the\nwaiver segment (special permit segment). The special permit inspection area must be\ninspected according to TOP's integrity management program and periodically inspected with\nan in~line inspection technique. The special permit inspection area extends one~mile out\nfrom either side of the special permit segments long. This additional length was used since\nthe Type B areas that are not being replaced are locations with 10 or fewer buildings intended\nfor human occupancy in a \"class location unit\" and are outside the original \"cluster area'·.\nThis special permit is contingent upon TOP's incorporation of each of the special permit\nsegments in its written integrity management program as a ··covered segment \" in a \"high\nconsequence area \" (HCA) per 49 CFR § 192.903.\ne\nPage 6 of 10\nPHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 7>>>\n\nCriteria Matrix: The original and supplemental data submitted by TGP for the special permit\nsegment have been compared to the class location change special permit criteria matrix. The\nspecial permit segments fall in the probable acceptance column of the criteria matrix for all\ncriteria except for:\n• Possible acceptance - pipe manufacture and pipe material\n• Requires substantial justification - pipe coating, Stress Corrosion Cracking Direct\nAssessment (SCCDA), and several leaks within 20-miles of the special permit segment.\nThe data findings below fall within the \"probable acceptance\" or the \"requires substantial\njustification\" columns of the criteria matrix:\n1) Pipe design and construction, including pipe manufacture, material and design stress:\n• TGP pipeline special permit segments have:\no Pipe manufactured with the following pipe seams: low-frequency electric\nresistance welded, flash welded, double submerged arc welded, seamless, and\nelectric welded pipe seams.\no Pipe coatings included: coal tar enamel, hot applied wax, fusion bonded epoxy,\nand tape.\no Pipe design stress was 72% specified minimum yield strength or lower.\n2) Pipe coating, SCCDA, and several leaks: TGP will be required to conduct a stress corrosion\ncracking assessment (SCCDA) of the special permit segments to evaluate where the risk of\nstress corrosion cracking (SCC) is present. TOP will be required to implement a plan to\nimprove cathodic protection reliability and perform inspections for sec during excavations.\n• To further address pipe manufacturing, material, construction, pipe coating, SCCDA,\nand possible pipe leak issues, this special permit will include conditions requiring TOP to\ntreat all special permit segments as \"covered segments\" in an HCA per 49 CFR\n§ 192.903.\n• TOP will also be required to perform ILl assessments, anomaly repairs, close interval\nsurveys, identify any pipeline segment that may be susceptible to pipe seam issues\nbecause of the vintage of the pipe, the manufacturing process of the pipe, or other issues\nPage 7 of 10\nPHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 8>>>\n\nand stress corrosion cracking direct assessment (SCCDA) along the entire length of the\nspecial permit inspection areas and special permit segments according to the\nrequirements of 49 CFR § 192.929 after the grant of this special permit.\n• This special permit will include a condition that TGP must continue to operate each\n5pecial permit segment at or below its existing MAOP.\nPHMSA has determined that imposing the special permit conditions will address these concerns\nand provide equivalent safety for these areas.\nOperational Integrity Compliance: PHMSA has reviewed this special permit request to ensure\nthat integrity threats to the pipeline in the special permit segments and special permit inspection\nareas are addressed in the operator' s operations and management plan (O&M Plan). TGP must\nhave a systematic program to review and remediate pipeline safety concerns. Additional\noperational integrity review and remediation requirements will be required by this special permit\nfor this special permit segment class location change. The pipeline operational integrity\nrequirements are to ensure that the operator has an ongoing program to locate and remediate\nsafety threats. Some of these threats to integrity and safety are the pipe coating quality, cathodic\nprotection effectiveness, anomalies in the pipe steel, and material and structures either along or\nnear the pipeline that could cause the cathodic protection system to be ineffective. PHMSA\ncarefully designed a comprehensive set of conditions that TGP would be required to meet in\norder for the special permit to be granted. Among other things, the conditions include:\n1) Special permit inspection areas must be incorporated into its TOP's written integrity\nmanagement program (IMP) as a \"covered segment \" in a \"high consequence area\n(HCA) \" in accordance with 49 CFR § 192.903.\n2) A close interval survey to determine the effectiveness of the cathodic protection system\nmust be performed within the 5pecial permit segments and special permit inspection area\nand all areas with inadequate cathodic protection must be remediated. Close interval\nsurveys must be performed on a seven (7) year reassessment interval.\n3) Cathodic protection reliability and inspections for stress corrosion cracking (SCC) must\nbe performed.\nPage 8 of 10\nPHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 9>>>\n\n4) Stress corrosion cracking surveys on the pipeline will be required to ensure that the pipe\nsteel is not cracking due to the effects of high and near neutral pH SCC within the special\npermit segments and special permit inspection area.\n5) Operations and maintenance (O&M) manual(s) must include the conditions of the special\npermit including in-line inspection (ILl), close interval inspections (CIS), remediation,\nand reassessment intervals.\n6) Annual reports must be sent by TGP to PHMSA updating compliance.\n7) Interference currents from electric transmission lines and other interfering structures in\nthe special permit segments and special permit inspection area must be identified,\ncontrolled and mitigated by conducting surveys and installing remediation measures\nwhere required.\n8) Anomalies and dents on the pipeline must be repaired based upon the special permit\nrepair criteria for the special permit segments and special permit inspection areas.\n9) Pipeline longitudinal seams within the special permit segments and special permit\ninspection areas must have an engineering analysis to determine if there are any threats\nand remediated if integrity threats are determined.\nl 0) Data integration of special permit condition findings and remediation must be maintained\nfor the special permit segments and special permit inspection areas.\n11 ) Long term pipeline system flow reversals that include a special permit segment must\nhave a written plan that corresponds to those applicable criteria identified in PHMSA\nAdvisory Bulletin (ADB-2014-04), \"Guidance for Pipeline Flow Reversals, Product\nChanges and Conversion of Service\" issued on September 18, 20 14 (79 FR 56121,\nDocket PHMSA-20 14-0400).\n12) A senior executive officer, vice president or higher must certify in writing that TGP is\ncomplying with the special permit conditions.\nThe special permit will contain numerous conditions to ensure TGP meets or exceeds the\nthreshold requirements with equivalent safety and to ensure that granting the special permit will\nnot be inconsistent with safety.\nPage 9 of 10\nPHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 10>>>\n\nPast Enforcement History - 2005 through Mach 28. 2016\nThe enforcement history is an important reflection of how TGP has been observed to follow\npipeline safety regulations and is a major area of focus for the review of this application.\nBelow is a listing of PHMSA closed enforcement matters of all types in all PHMSA Regions for\nTGP (OPID # 19160) from 2005 through March 28, 20 16:\n• Letters - of Concern or Warning - 7 matters\n• Notices - of Amendment or of Probable Violation - 11 matters\n• Orders - Corrective Action - 5 matters\n• Orders - Safety - 1 matter\n• Fines - $227,500- 100% collected\n• TGP had no repeat offences during this period.\nPHMSA has determined that imposing the special permit conditions summarized in this\ndocument will ensure that granting the special permit will not be inconsistent with safety.\nFindings:\nBased on the information submitted by TGP and PHMSA' s analysis of technical, operational and\nsafety issues, and given the conditions that will be imposed in the special permit, PHMSA finds\nthat granting this special permit to TGP to operate special permit segments at the current MAOP,\nwhere a change in class location has occurred from an original Class I locati on to a Class 3\nlocation, would not be inconsistent with pipeline safety.\nCompleted in Washington DC on: September 1, 2016\nPrepared By: PHMSA - Engineering and Research Division\nPage 10 of 10\nPHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings\n\n<<<PAGE 1>>>\n\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nSPECIAL PERMIT\nFINAL ENVIRONMENTAL ASSESSMENT and\nFINDING OF NO SIGNIFICANT IMPACT (FONSI)\nDocket Number: PHMSA-2016-0004\nRequested By: Tennessee Gas Pipeline Company, L.L.C.\nOperator ID#: 19160\nDate Requested: January 11, 2016\nOriginal Issuance Date:  September 1, 2016\nEffective Dates: September 1, 2016 to September 1, 2021\nCode Section(s): 49 CFR §§ 192.611(a) and (d), 192.619(a), and 192.5\nI.  Background\nThe National Environmental Policy Act (NEPA), 42 USC §§ 4321 — 4375, Council on\nEnvironmental Quality regulations, 40 CFR §§ 1500-1508, and DOT Order 5610.1C,\nrequire that PHMSA analyze a proposed action to determine whether the action will have\na significant impact on the human environment. PHMSA analyzes special permit\nrequests for potential risks to public safety and the environment that could result from our\ndecision to grant or deny the request. As part of this analysis, PHMSA evaluates whether\na special permit would impact the likelihood or consequence of a pipeline failure when\ncompared to operation of the pipeline in full compliance with the Pipeline Safety\nRegulations.\nPHMSA may grant the special permit request with additional conditions or deny the\nrequest. PHMSA developed this assessment to determine the effects of our decision, if\nany, on the environment.\nPursuant to 49 USC § 60118(c) and 49 CFR § 190.341, PHMSA may only grant special\npermit requests that are not inconsistent with pipeline safety. PHMSA will impose\nconditions in the special permit if we conclude they are necessary for safety,\nenvironmental protection, or are otherwise in the public interest. If PHMSA determines\nthat a special permit would be inconsistent with pipeline safety or is not justified, the\napplication will be denied.\n11.  Purpose and Need\n• Describe the purpose of the requested special permit. What will it allow the\noperator to do that it could not do under the existing regulations?\nPHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C.  FONSI Page 1 of 31\n\n<<<PAGE 2>>>\n\nPursuant to 49 CFR §190.341, Tennessee Gas Pipeline Company, L.L.C. (TGP)1\nrequests a special permit seeking relief from 49 CFR §§ 192.611(a) and (d),\n192.619(a), and 192.5 for pipeline segments where the class location of the\nsegment had been changed in accordance with 192.5(c), cluster rule, and where\nadditional dwellings for human occupancy have been built within the sliding mile\nfor class location changes outside of the cluster area. TGP found a regulatory\ncompliance issue with past TGP procedure methodology for the determination of\nclass location boundaries using the clustering and sliding mile criteria in 49 CFR\n§ 192.5(c) and has updated operating procedures for usage of 49 CFR § 192.5(c),\ncluster rule, and the sliding mile for confirmation of maximum allowable\noperating pressure (MAOP).\nFollowing the purchase of TGP, Kinder Morgan, notified PHMSA of code\nviolation issues it discovered in the TGP procedures for evaluating class locations,\nwhere pipe had been previously updated to meet class location changes from\nClass 1 to 3 locations in accordance with § 192.5. TGP had rnisapplied the usage\nof the sliding mile and cluster rule portions of § 192.5. TGP had properly\nconducted pipe upgrades to meet the cluster provisions in § 192.5, but had not\nlater upgraded the pipe when a single or more dwelling were added in the sliding\nmile area outside the cluster area.\nThis special permit is requested by TGP in order to postpone in some cases and\nwaive in others cases compliance with certain regulations for the determination of\nclass location boundaries using the clustering criteria in 49 CFR § 192.5(c). This\nchange in clustering methodology due to misapplication of 49 CFR § 192.5(c) in\nTGP procedures resulted in a number of new class location units, and more\nspecifically class 3 locations, for which pressure testing or pipe replacements are\nnow required. This misapplication impacted 192 special permit segments2 and\n49.00 miles of TGP mainline piping located in the states of Kentucky, Louisiana,\nMississippi, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas and\nWest Virginia as detailed in Attachment A for Type A and B special permit\nsegments. These clustered class location units are identified as \"Special Perrnit\nSegments.\" The proposed special permit would: 1) require the replacement or\npressure testing of approximately 11.22 miles of natural gas transmission pipe\n(Type A3) and provides a schedule for this replacement or pressure testing work\nTennessee Gas Pipeline Company, L.L.C. is owned by Kinder Morgan, Inc.\n2 In the 192 segments TGP has 11.22 miles of pipe to replace or pressure test (Type A special permit\nsegments) and other special permit segments including special permit inspection areas will implement\nintegrity management procedures and the special permit conditions during the entire 5-year period.\n3 Type A special permit segments include those special permit segments where there is a cluster, as\ndescribed in 49 CFR § 192.5(c), of more than 10 buildings intended for human occupancy in a \"class\nlocation unit\" and for which the maximum allowable operating pressure (MAOP) has not been confirmed\nin accordance with 49 CFR § 192.611(a). Type A special permit segments must be replaced so that the\nMAOP is commensurate with the present class location within five (5) years of issuance of this special\npermit. There are 21 segments and 11.22 miles of Type A special permit segments and of this total 10.59\nmiles must be replaced and 0.63 miles must be pressure tested as listed on Attachment A.\nPHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C.  FONSI Page 2 of 31\n\n<<<PAGE 3>>>\n\nand 2) establish enhanced integrity management procedures to maintain pipe\nintegrity and protect both the public and the environment for the class location\nunits in which the Special Permit Segments are located for the other 37.78 miles\nof pipe that are not replaced (Type B4). All of the proposed Special Permit\nSegments, even those not replaced or pressure tested would be treated as high\nconsequence areas (HCAs) with the implementation of integrity management\n(1M) practices. In addition, TGP would comply with Conditions as provided in\nthe terms of the special permit for all the impacted Special Permit Segments and\nthe designated \"Special Permit Inspection Aree in the proposed special permit.\nThe Special Permit Inspection Area is defined as a one (1) mile continuous\nsegment on both sides of the Special Permit Segment (Type A and Type B) plus\nthe footage in the Special Permit Segment and extending 220 yards on each side\nof the centerline. In the instance that the pipeline does not extend a full mile\neither upstream from the beginning of the Special Permit Segment or downstream\nfrom the end of the Special Permit Segment, the Special Permit Inspection Area\nwill not extend beyond the pipeline initiation or termination points. The Special\nPermit Inspection area will total 433.71 miles of pipe as detailed in Attachment A.\nIn those cases where the proposed special permit would allow for the current\npipeline segments to remain in place, the Conditions as prescribed in the proposed\nspecial permit would provide an additional level of safety without the impacts of\nexcavation to remove existing pipe and install the replacement pipe. Due to the\nsignificant number of new class location segments that will require replacement\nor pressure testing, a special permit with IM based conditions would allow TGP a\nmore reasonable time interval to schedule the required pipeline outages. The\nreplacement and pressure testing of the 11.22 miles of pipe will be in accordance\nwith the applicable sections of 49 CFR §§ 192.105, 192.611, 192.619, and\nSubpart J for the current class location.\nPHMSA found in reviewing TGP's response that a misapplication of § 192.5 had\nbeen used (under procedures in use before the Kinder Morgan acquisition) after\ninstalling upgraded pipe in a cluster area. Attachment A shows the segment\nlocations with the number of dwellings outside of the cluster area but inside the\nsliding mile area. PHMSA considered both a Consent Agreement and Safety\nOrder in reviewing the issues of the TGP request. Since the operator notified\nPHMSA of the violation, PHMSA considered a special permit with integrity\nmanagement concepts in a special permit with conditions an appropriate\nmechanism for this situation to maintain safety. Also, the special permit\nconditions would ensure the special permit segments were maintained while the\nsegments could be upgraded with pipe replacements or pressure tests. With\nintegrity management procedures being effective in other safety situations,\nPHMSA considers this to be an effective approach for the sliding mile areas with\n4 Type B special permit segments include those special permit segments where there is a cluster, as\ndescribed in 49 CFR § I92.5(c), of 10 or fewer buildings intended for human occupancy in a \"class\nlocation unit\" and for which the MAOP has not been confirmed in accordance with 49 CFR § 192.611.\nThere are 171 segments and 37.78 miles of Type B special permit segments and 3.84 miles of this total\nmust be pressure tested as listed on Attachment A.\nPHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C. \nFONSI Page 3 of 31\n\n<<<PAGE 4>>>\n\n10 or fewer dwellings or structures for human occupancy, which is the case for\nover 89 percent (171 of 192 segments) of the TGP 192 special permit segments.\nSpecial permit conditions are measures to assess, evaluate, and implement\nmeasures to manage and eliminate threats to pipe integrity and public safety in\nareas of high consequence such as these sliding mile special permit segments.\n• List the regulation(s) for which the operator seeks the permit.\nThe special permit would address the requirements of 49 CFR §§ 192.5,\n192.611(a) and (d), and 192.619(a).\n• Describe the need for the requested special permit. How would a special permit\nbenefit the operator? Would a special permit benefit the public? If so, please\nexplain how.\nImplementation of the special permit conditions would allow TGP to avoid the\nreplacement of 37.78 miles of pipeline. Instead, the special permit would require\nimplementation of the special permit conditions, including enhanced integrity\nmanagement procedures. The special permit would benefit the public by\nreducing any disruptions due to construction activities near their homes in the\nSpecial Permit Segments.\n• Indicate whether this is an existing or proposed pipeline.\nThis special permit impacts only existing pipeline facilities as outlined in\nAttachment A.\n• Describe pipeline, the materials transported in the pipeline, and specift the\ncounties and states where the affected segments of the pipeline are or would be\nlocated.\nThe TGP pipeline transports natural gas in the pipeline segments included in the\nspecial permit that are located in the states of Kentucky, Louisiana, Mississippi,\nNew Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas and West\nVirginia. The pipeline Special Permit Segments are generally short in length, not\ncontiguous and are located in multiple States and counties/parishes within those\nstates. Attachment A (Pipeline Segments and Map) outlines the specific locations\n— state and county — of the Special Permit Segments.\n111.  Alternatives\n• Alternative 1: Granting the Special Permit Request With Conditions\n▪ Describe Alternative: Describe what PHMSA would do under this\nalternative. i.e. grant a permit that allows operator to schedule the\nreplacement or pressure testing of certain pipeline segments and leave\ncertain pipeline segment in place under added integrity measures defined\nPHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C.  FONSI Page 4 of 31\n\n<<<PAGE 5>>>\n\nin the Conditions of the special permit and while also treating all of the\nidentified pzpeline segments as high consequence areas.\nTGP proposes a special permit with conditions that includes two types of\nclass location units (special permit segments) with clusters that impact\napproximately 49.00 miles of pipe. These units would be designated as\neither Type A or Type B special permit segments.\nThe Type A special permit segrnents are those with more than 10\ndwellings intended for human occupancy and for which the MAOP has\nnot been confirmed in accordance with 49 CFR § 192.611.\nApproximately 11.22 miles of pipe located in these special permit\nsegments would be replaced or pressure tested. A special permit would\nprovide a schedule for the completion of the required pipe replacements\nandlor pressure testing for the Type A special permit segments.\nType B special permit segments that have 10 or fewer dwellings would\nalso be subject to the Conditions of the special permit for its term. All of\nthese special perrnit segments would be treated as high consequence areas\n(HCAs) under an integrity management (IM) program (49 CFR Part 192,\nSubpart 0) as a requirement of the special permit. Approximately 37.7g\nmiles of pipe are located in Type B locations.\nThe special permit would incorporate conditions (enhanced integrity\nmanagement activities) to maintain pipeline integrity. All of the permit\nconditions are attributes of a robust IM program (49 CFR Part 192,\nSubpart 0). These proposed Conditions include conducting periodic:\nclose interval surveys, cathodic protection reliability improvements, stress\ncorrosion cracking direct assessment, running inline inspection (ILI)\nassessments (srnart pigs), interference current control surveys, remediating\nILI findings through anomaly evaluation and repairs, pipe seam\nevaluations, pipe properties records review and documentation, and\nmaintaining line-of-sight markers. Many of these proposed integrity\nactivities are currently required in 49 CFR Part 192, Subpart 0 for an IM\nprogram to manage high consequence areas (HCAs) at specified\nreassessment intervals. The assessment and reassessment intervals, the\nlevel of remediation and the maintenance activities in a proposed special\npermit would be more stringent to maintain pipe integrity and protect both\nthe public and the environment for the class location units in which the\nSpecial Permit Segments are located.\nThe erthanced integrity management activities that TGP would implement\nas proposed special permit conditions for the pipeline segments include:\nPIIMSA-2016-0004 Tennessee Gas Pipeline, L.L.C.  FONS","truncated":true,"body_characters":252875}