# Tennessee Gas Pipeline Company, L.L.C. — Pipeline Special Permit - **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. <<>> U.S. Department of Transportat"1on Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 September I , 20 16 Mr. Gary Buchler Chief Operating Officer Tennessee Gas Pipeline Company, L.L.C. Kinder Morgan Natural Gas Division 100 I Louisiana Street, Suite I 000 Houston. Texas 77002 Docket No. PHMSA-2016-0004 Dear Mr. Buchler: On January 11 , 20 16. T ennessee Gas Pipeline Company, L.L.C. (TGP) wrote to the Pipeline and Hazardous Materials Safety Administration (PHMSA) requesting a special permit to waive compliance from PHMSA ·s pipeline safety regulation in 49 CFR ** 192.6 11 (a) and (d). 192.619(a), and 192.5 for pipeline segments where the class location of the segment had been changed in accordance with* 192.5(c), cluster rule. The regulation requires confirmation or revision of the maximum allowable operating pressure (MAOP) of a pipeline segment where the class location has changed. T he special permit request is for 192 segments and 49.00 miles of the TGP natural gas transmission pipeline system located in the states of Kentucky. Louisiana. Mississippi. New Jersey. New York, Ohio, Pennsylvania, Tennessee, Texas and West Virginia. The pipeline segments are generally short in length, not continuous . and are located in multiple states and counties/parishes within those states. T he regulatory relie f from 49 CFR ** 192.611. 192.6 19 and 192.5 through a special permit would include additional time (5-years) to either replace or pressure test the pipeline segments in the class location sliding mile and outside the cluster area. where there arc over I 0 dwellings for human occupancy. Pipeline segments w ith I 0 or fewer dwellings for human occupancy outside the cluster area. but w ithin the sliding mile. would not be replaced and TGP would be required by the special permit conditions to implement procedures to maintain pipeline safety by identifying, assessing, and rcmediating integrit y threats to the pipeline segments. PHMSA is granting this special permit (enclosed). which will allow TGP to continue to operate segments of the TGP pipeline at the ir current MAOPs by implementing integrity management practices as defined in the special permit conditions until the pipe is replaced. pressure tested. or remecliatecl. This special permit provides re lief from the Federal pipe line safety regulations for <<>> the TGP special permit segments and requires TGP to compl y w ith 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-2016-0004 in the Federal Docket Management System (FDMS) located on the internet at www.Regulations.gov. My staff would be pleased to discuss this matter or any other regulatory matter with you. Mr. John Gale, Director of Standards and Rulemaking Division may be contacted at 202-366-0434, on regulatory matters and Mr. Kenneth Lee. Director of Engineering and Research Division, may be contacted at 202-366-2694. on technical matters specific to this special permit application Sincerely. A~!4/0 Acting Associate Administrator for Pipeline Safety Enclosure : Special Permit - PHMSA-20 16-0004 PHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C Letter of Decision Page 2 of2 <<>> U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION Special Permit Analysis and Findings Special Permit Information: Docket Number: Requested By: Operator ID#: Date Requested: Code Section(s): PHMSA-20I 6-0004 Tennessee Gas Pipeline Company, L.L.C. 19160 January II , 20 I6 49 CFR §§ I92.6 1I (a) and (d), I92.6 I9(a), and I92.5 Purpose: The Pipeline and Hazardous Materials Safety Administration (PHMSA) provides this information to describe the facts of the subject special permit application submitted by Tennessee Gas Pipeline Company L.L.C. 1 (TOP), to discuss any relevant public comments received with respect to the application, to present the engineering/safety analysis of the special permit application, and to make findings regarding whether the requested special permit should be granted and if so under what conditions. TGP requests that PHMSA waive compliance from 49 Code of Federal Regulations (CFR) §§ I92.6 Il (a) and (d), 192.6 19(a), and 192.5 for 192 segments and 49.00 miles of natural gas transmission pipeline as described in Appendix A? Pipeline System Affected: This special permit request applies to 192 pipeline segments and 49.00 miles of natural gas transmission pipeline operated by TOP and located in the states of Kentucky, Louisiana, Mississippi, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas and West Virginia where a change has occurred from an original Class 1 location to a Class 3 location. This special 1 Tennessee Gas Pipeline Company L.L.C. is owned by Kinder Morgan, Inc. 2 Appendix A of this special permit lists the pipeline special permit segment location (County and State), MAOP, class location, diameter, wall thickness, grade, seam type, boundaries, and other attributes. Appendix A can be reviewed in Docket PHMSA-20 16-0004 at www.regulations.gov. Page 1 of 10 PHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> permit allows TGP to continue to operate the 192 pipeline segments and 49.00 mites at their cunent maximum allowable operating pressure (MAOP). Special Permit Request: TGP submitted an application to PHMSA on January II , 20 I6, for a special permit seeking relief from the Federal pipeline safety regulations in §§ 192.6II(a) and (d), I92.6I9(a), and I92.5 for 192 segments and 49.00 miles of natural gas transmission pipeline as described in Appendix A of the Special Permit Conditions. The special permit segments are located in the states of Kentucky, Louisiana, Mississippi, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas and West Virginia. This special permit applies to the special permit segments listed in Appendix A. Special permit segments shall be divided into two (2) categories: Type A special permit segments and T ype B special permit segments. • Type A special permit segments include those special permit segments where there is a cluster, as described in 49 CFR § I92.5(c), of more than 10 buildings intended for human occupancy in a "class location unit" and for which the MAOP has.not been confirmed in accordance with 49 CFR § 192.6 11 (a). Type A special permit segments must be replaced or pressure tested so that the MAOP is commensurate with the present class location within five (5) years of issuance of this special permit. There are 11 .22 miles of Type A special permit segments and of this total I 0.59 miles must be replaced and 0.63 miles must be pressure tested as listed on Attachment A. • Type A special permit segments with pipe with integrity issues as determined by Conditions 6(c) and 14 or that have not been pressure tested in accordance with 49 CFR Part 192, Subpart J to 1.25 times MAOP of this special permit must be replaced within two and one-half(2 Y2) years of the grant ofthis special permit or within two (2) years of assessment find ing. • Type B special permit segments include those special permit segments where there is a cluster, as described in 49 CFR § I92.5(c), of 10 or fewer buildings intended for human occupancy in a "class location unit" and for which the MAOP has not been confirmed in accordance with 49 CFR § I92.6 II . There are 3 7. 78 miles of Type B special permit segments and 3.84 miles of this total must be pressure tested as listed on Attachment A. Page 2 of 10 PHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> • Special permit inspection area3 - is defined as a one ( 1) mile continuous segment on both sides of the special permit segment (Type A and Type B) plus the footage in the special permit segment. Appendix A lists the boundaries for the special permit inspection area associated with each special permit segment. The special permit inspection areas total 433.71 miles of pipe as detailed in Attachment A. Subsequent to the issuance of this special permit, those special permit segments that have been pressure tested or replaced such that the MAOP has been made commensurate with the present class location as defined in 49 CFR § 192.611 would no longer be included in this special permit. This special permit allows TOP to continue to operate the pipeline segments at their current maximum allowable operating pressure (MAOP) until either replaced, hydrostatically tested, or operated in accordance with the special permit conditions. 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 TOP to continue to operate each of the 192 special permit segments at their existing MAOP's despite a change in class location for the special permit specified time interval. Public Notice: On February 23, 2016, PHMSA posted a notice of this special permit request in the Federal Register (81 FR 9075). PHMSA received one ( I) public comment letter in response to the draft EA from the '·Pipeline Safety Trust" dated March 24, 2016, concerning this proposed special permit. The public comments are summarized as noted below and the referenced Findings of No Significant Impact (FONSI) can be reviewed on the docket (PHMSA-2016-0004) at www.regulations.Q.ov. • A summary of the questions asked by Pipeline Safety Trust are below: • Only PHMSA announcement of the permit noted the fact that the operator' s previous class locations had been in error. (FONSI Review: Section II) 3 Special permit inspection areas throughout these conditions include special permit segments unless specifically defined as not applicable or if the special permit segment has more stringent conditions. Page 3 of 10 PHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> • The 5-year waiver to accomplish this seems unreasonably long. (FONSI Review: Section II, Footnote 2) • The Pipeline Safety Trust had several concerns with the information presented in the application and the environmental assessment. • Claimed environmental and safety benefit of the permit would occur from the elimination of the methane emissions from pipeline blowdowns; (FONSI Review: Section Vlll) • Application fails in a couple of cases to provide a complete comparison of the effects of granting or denying the permit including the impact on adjacent right-of-way owners by allowing the existing pipe to remain in- service; (FONSI Review: Section V) • In the section of Safety Risks the operator indicates that the consequence of a failure would be no different if the permit is granted or is denied, without an indication of whether denying the permit would result in a reduction of pressure or pipe replacement; ( FONSI Review: Section V) • There appears to be many segments included in the application which have never been tested in that their MAOP was determined by the Grandfather Clause (§ 192.61 9(c)). (FONSI Review: The special permit conditions would require as a minimum pressure tests for any segments that had not been pressure tested.) • The application fails to give a complete useful response to § 190.341 (c)( 4). (FONSI Review: Section II) • Rather than use the special permit process in a situation like this, PHMSA should consider entering a consent agreement with the operator with both acknowledging the operator is out of compliance. PHMSA risks regulating many individual operators by special permit, without any justification for why the regulations should not be met, in effect negating the safety factors in place under § 192.6 11 or other regulations. (FONSI Review: Section II on pages 3 and 4 of 3 1 of the FONSI notes as follows: "PHMSA considered both a Consent Agreement and Safety Order in reviewing the issues of the TGP request. Since the operator notified PHMSA of the violation, PHMSA considered a special permit with integrity management concepts in a special permit with conditions an appropriate Page 4 of 10 PHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> mechanism for this situation to maintain safety. Also, the special permit conditions would ensure the special permit segments were maintained while the segments could be upgraded with pipe replacements or pressure tests. With integrity management procedures being effective in other safety situations, PHMSA considers this to be an effective approach for the sliding mile areas with I 0 or fewer dwellings or structures for human occupancy, which is the case for over 89 percent (171 of 192 segments) of the TOP 192 special permit segments." The special permit requires replacement or pressure testing of segments with over 10 dwelling. The special permit has conditions and integrity management procedures for the special permit inspection area, 433.71 miles of pipeline.) The request letter, Federal Register notice, public comments, FONSI, and all other pertinent documents are available for review in Docket No. PHMSA-20 16-0004 in the Federal Docket Management System (FDMS) located on the internet at www.Regulations.gov. 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 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- RSPA-2004-1740 l. Third, such special permits will only then be granted when pipe conditions and the operator's integrity management program provides a level of safety equal to a pipe replacement or pressure reduction. Threshold Requirements: Each of the threshold requirements published by PHMSA in the June 29, 2004, Federal Register notice is discussed below in regards to the TGP special permit petition. Page 5 of 10 PHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> 1) No pipeline segments in a class location changing to Class 4 location will be considered. This special permit request is for 192 segments on the TOP pipeline system where a class location change has occurred from Class 1 to Class 3 locations as defined in § 192.5(c) for cluster locations and segments outside the cluster (and inside the sliding mile for the class location) where an additional dwelling(s) have been identified. TOP has met this requirement. 2) No bare pipe will be considered. These TOP special permit segments are coated with an external protective coating. TOP has met this requirement. 3) No pipe containing wrinkle bends will be considered. There are no wrinkle bends in the special permit segments. TOP has met this requirement. 4) No pipe segments operating above 72% of the specified minimum yield strength (SMYS) will be considered for a Class 3 special permit. The .special permil segments operate at or below 72% SMYS. TOP has met this requirement. 5) Records must be produced that show a hydrostatic test to at least 1.25 x maximum allowable operating pressure (MAOP). TOP will pressure test any segments that do not meet this requirement through the special permit conditions. 6) In~lin inspection (ILl) must have been performed with no significant anomalies identified that indicate systemic problems. TOP will meet this requirement through the special permit conditions. 7) Criteria for consideration of class location change waiver, now being granted through special permits, published by PHMSA in the Federal Register (69 FR 38948), define a waiver inspection area (.special permit inspection area) as up to 25 miles of pipe either side of the waiver segment (special permit segment). The special permit inspection area must be inspected according to TOP's integrity management program and periodically inspected with an in~line inspection technique. The special permit inspection area extends one~mile out from either side of the special permit segments long. This additional length was used since the Type B areas that are not being replaced are locations with 10 or fewer buildings intended for human occupancy in a "class location unit" and are outside the original "cluster area'·. This special permit is contingent upon TOP's incorporation of each of the special permit segments in its written integrity management program as a ··covered segment " in a "high consequence area " (HCA) per 49 CFR § 192.903. e Page 6 of 10 PHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> Criteria Matrix: The original and supplemental data submitted by TGP for the special permit segment have been compared to the class location change special permit criteria matrix. The special permit segments fall in the probable acceptance column of the criteria matrix for all criteria except for: • Possible acceptance - pipe manufacture and pipe material • Requires substantial justification - pipe coating, Stress Corrosion Cracking Direct Assessment (SCCDA), and several leaks within 20-miles of the special permit segment. The data findings below fall within the "probable acceptance" or the "requires substantial justification" columns of the criteria matrix: 1) Pipe design and construction, including pipe manufacture, material and design stress: • TGP pipeline special permit segments have: o Pipe manufactured with the following pipe seams: low-frequency electric resistance welded, flash welded, double submerged arc welded, seamless, and electric welded pipe seams. o Pipe coatings included: coal tar enamel, hot applied wax, fusion bonded epoxy, and tape. o Pipe design stress was 72% specified minimum yield strength or lower. 2) Pipe coating, SCCDA, and several leaks: TGP will be required to conduct a stress corrosion cracking assessment (SCCDA) of the special permit segments to evaluate where the risk of stress corrosion cracking (SCC) is present. TOP will be required to implement a plan to improve cathodic protection reliability and perform inspections for sec during excavations. • To further address pipe manufacturing, material, construction, pipe coating, SCCDA, and possible pipe leak issues, this special permit will include conditions requiring TOP to treat all special permit segments as "covered segments" in an HCA per 49 CFR § 192.903. • TOP will also be required to perform ILl assessments, anomaly repairs, close interval surveys, identify any pipeline segment that may be susceptible to pipe seam issues because of the vintage of the pipe, the manufacturing process of the pipe, or other issues Page 7 of 10 PHMSA-2016-0004 - Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> and stress corrosion cracking direct assessment (SCCDA) along the entire length of the special permit inspection areas and special permit segments according to the requirements of 49 CFR § 192.929 after the grant of this special permit. • This special permit will include a condition that TGP must continue to operate each 5pecial permit segment at or below its existing MAOP. PHMSA has determined that imposing the special permit conditions will address these concerns and provide equivalent safety for these areas. Operational Integrity Compliance: PHMSA has reviewed this special permit request to ensure that integrity threats to the pipeline in the special permit segments and special permit inspection areas are addressed in the operator' s operations and management plan (O&M Plan). TGP must have a systematic program to review and remediate pipeline safety concerns. Additional operational integrity review and remediation requirements will be required by this special permit for this special permit segment class location change. The pipeline operational integrity requirements are to ensure that the operator has an ongoing program to locate and remediate safety threats. Some of these threats to integrity and safety are the pipe coating quality, cathodic protection effectiveness, anomalies in the pipe steel, and material and structures either along or near the pipeline that could cause the cathodic protection system to be ineffective. PHMSA carefully designed a comprehensive set of conditions that TGP would be required to meet in order for the special permit to be granted. Among other things, the conditions include: 1) Special permit inspection areas must be incorporated into its TOP's written integrity management program (IMP) as a "covered segment " in a "high consequence area (HCA) " in accordance with 49 CFR § 192.903. 2) A close interval survey to determine the effectiveness of the cathodic protection system must be performed within the 5pecial permit segments and special permit inspection area and all areas with inadequate cathodic protection must be remediated. Close interval surveys must be performed on a seven (7) year reassessment interval. 3) Cathodic protection reliability and inspections for stress corrosion cracking (SCC) must be performed. Page 8 of 10 PHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> 4) Stress corrosion cracking surveys on the pipeline will be required to ensure that the pipe steel is not cracking due to the effects of high and near neutral pH SCC within the special permit segments and special permit inspection area. 5) Operations and maintenance (O&M) manual(s) must include the conditions of the special permit including in-line inspection (ILl), close interval inspections (CIS), remediation, and reassessment intervals. 6) Annual reports must be sent by TGP to PHMSA updating compliance. 7) Interference currents from electric transmission lines and other interfering structures in the special permit segments and special permit inspection area must be identified, controlled and mitigated by conducting surveys and installing remediation measures where required. 8) Anomalies and dents on the pipeline must be repaired based upon the special permit repair criteria for the special permit segments and special permit inspection areas. 9) Pipeline longitudinal seams within the special permit segments and special permit inspection areas must have an engineering analysis to determine if there are any threats and remediated if integrity threats are determined. l 0) Data integration of special permit condition findings and remediation must be maintained for the special permit segments and special permit inspection areas. 11 ) Long term pipeline system flow reversals that include a special permit segment must have a written plan that corresponds to those applicable criteria identified in PHMSA Advisory Bulletin (ADB-2014-04), "Guidance for Pipeline Flow Reversals, Product Changes and Conversion of Service" issued on September 18, 20 14 (79 FR 56121, Docket PHMSA-20 14-0400). 12) A senior executive officer, vice president or higher must certify in writing that TGP is complying with the special permit conditions. The special permit will contain numerous conditions to ensure TGP meets or exceeds the threshold requirements with equivalent safety and to ensure that granting the special permit will not be inconsistent with safety. Page 9 of 10 PHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> Past Enforcement History - 2005 through Mach 28. 2016 The enforcement history is an important reflection of how TGP has been observed to follow pipeline safety regulations and is a major area of focus for the review of this application. Below is a listing of PHMSA closed enforcement matters of all types in all PHMSA Regions for TGP (OPID # 19160) from 2005 through March 28, 20 16: • Letters - of Concern or Warning - 7 matters • Notices - of Amendment or of Probable Violation - 11 matters • Orders - Corrective Action - 5 matters • Orders - Safety - 1 matter • Fines - $227,500- 100% collected • TGP had no repeat offences during this period. PHMSA has determined that imposing the special permit conditions summarized in this document will ensure that granting the special permit will not be inconsistent with safety. Findings: Based on the information submitted by TGP and PHMSA' s analysis of technical, operational and safety issues, and given the conditions that will be imposed in the special permit, PHMSA finds that granting this special permit to TGP to operate special permit segments at the current MAOP, where a change in class location has occurred from an original Class I locati on to a Class 3 location, would not be inconsistent with pipeline safety. Completed in Washington DC on: September 1, 2016 Prepared By: PHMSA - Engineering and Research Division Page 10 of 10 PHMSA-2016-0004- Tennessee Gas Pipeline, L.L.C. Special Permit Analysis and Findings <<>> PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION SPECIAL PERMIT FINAL ENVIRONMENTAL ASSESSMENT and FINDING OF NO SIGNIFICANT IMPACT (FONSI) Docket Number: PHMSA-2016-0004 Requested By: Tennessee Gas Pipeline Company, L.L.C. Operator ID#: 19160 Date Requested: January 11, 2016 Original Issuance Date: September 1, 2016 Effective Dates: September 1, 2016 to September 1, 2021 Code Section(s): 49 CFR §§ 192.611(a) and (d), 192.619(a), and 192.5 I. Background The National Environmental Policy Act (NEPA), 42 USC §§ 4321 — 4375, Council on Environmental Quality regulations, 40 CFR §§ 1500-1508, and DOT Order 5610.1C, require that PHMSA analyze a proposed action to determine whether the action will have a significant impact on the human environment. PHMSA analyzes special permit requests for potential risks to public safety and the environment that could result from our decision to grant or deny the request. As part of this analysis, PHMSA evaluates whether a special permit would impact the likelihood or consequence of a pipeline failure when compared to operation of the pipeline in full compliance with the Pipeline Safety Regulations. PHMSA may grant the special permit request with additional conditions or deny the request. PHMSA developed this assessment to determine the effects of our decision, if any, on the environment. Pursuant to 49 USC § 60118(c) and 49 CFR § 190.341, PHMSA may only grant special permit requests that are not inconsistent with pipeline safety. PHMSA will impose conditions in the special permit if we conclude they are necessary for safety, environmental protection, or are otherwise in the public interest. If PHMSA determines that a special permit would be inconsistent with pipeline safety or is not justified, the application will be denied. 11. Purpose and Need • Describe the purpose of the requested special permit. What will it allow the operator to do that it could not do under the existing regulations? PHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C. FONSI Page 1 of 31 <<>> Pursuant to 49 CFR §190.341, Tennessee Gas Pipeline Company, L.L.C. (TGP)1 requests a special permit seeking relief from 49 CFR §§ 192.611(a) and (d), 192.619(a), and 192.5 for pipeline segments where the class location of the segment had been changed in accordance with 192.5(c), cluster rule, and where additional dwellings for human occupancy have been built within the sliding mile for class location changes outside of the cluster area. TGP found a regulatory compliance issue with past TGP procedure methodology for the determination of class location boundaries using the clustering and sliding mile criteria in 49 CFR § 192.5(c) and has updated operating procedures for usage of 49 CFR § 192.5(c), cluster rule, and the sliding mile for confirmation of maximum allowable operating pressure (MAOP). Following the purchase of TGP, Kinder Morgan, notified PHMSA of code violation issues it discovered in the TGP procedures for evaluating class locations, where pipe had been previously updated to meet class location changes from Class 1 to 3 locations in accordance with § 192.5. TGP had rnisapplied the usage of the sliding mile and cluster rule portions of § 192.5. TGP had properly conducted pipe upgrades to meet the cluster provisions in § 192.5, but had not later upgraded the pipe when a single or more dwelling were added in the sliding mile area outside the cluster area. This special permit is requested by TGP in order to postpone in some cases and waive in others cases compliance with certain regulations for the determination of class location boundaries using the clustering criteria in 49 CFR § 192.5(c). This change in clustering methodology due to misapplication of 49 CFR § 192.5(c) in TGP procedures resulted in a number of new class location units, and more specifically class 3 locations, for which pressure testing or pipe replacements are now required. This misapplication impacted 192 special permit segments2 and 49.00 miles of TGP mainline piping located in the states of Kentucky, Louisiana, Mississippi, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas and West Virginia as detailed in Attachment A for Type A and B special permit segments. These clustered class location units are identified as "Special Perrnit Segments." The proposed special permit would: 1) require the replacement or pressure testing of approximately 11.22 miles of natural gas transmission pipe (Type A3) and provides a schedule for this replacement or pressure testing work Tennessee Gas Pipeline Company, L.L.C. is owned by Kinder Morgan, Inc. 2 In the 192 segments TGP has 11.22 miles of pipe to replace or pressure test (Type A special permit segments) and other special permit segments including special permit inspection areas will implement integrity management procedures and the special permit conditions during the entire 5-year period. 3 Type A special permit segments include those special permit segments where there is a cluster, as described in 49 CFR § 192.5(c), of more than 10 buildings intended for human occupancy in a "class location unit" and for which the maximum allowable operating pressure (MAOP) has not been confirmed in accordance with 49 CFR § 192.611(a). Type A special permit segments must be replaced so that the MAOP is commensurate with the present class location within five (5) years of issuance of this special permit. There are 21 segments and 11.22 miles of Type A special permit segments and of this total 10.59 miles must be replaced and 0.63 miles must be pressure tested as listed on Attachment A. PHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C. FONSI Page 2 of 31 <<>> and 2) establish enhanced integrity management procedures to maintain pipe integrity and protect both the public and the environment for the class location units in which the Special Permit Segments are located for the other 37.78 miles of pipe that are not replaced (Type B4). All of the proposed Special Permit Segments, even those not replaced or pressure tested would be treated as high consequence areas (HCAs) with the implementation of integrity management (1M) practices. In addition, TGP would comply with Conditions as provided in the terms of the special permit for all the impacted Special Permit Segments and the designated "Special Permit Inspection Aree in the proposed special permit. The Special Permit Inspection Area is defined as a one (1) mile continuous segment on both sides of the Special Permit Segment (Type A and Type B) plus the footage in the Special Permit Segment and extending 220 yards on each side of the centerline. In the instance that the pipeline does not extend a full mile either upstream from the beginning of the Special Permit Segment or downstream from the end of the Special Permit Segment, the Special Permit Inspection Area will not extend beyond the pipeline initiation or termination points. The Special Permit Inspection area will total 433.71 miles of pipe as detailed in Attachment A. In those cases where the proposed special permit would allow for the current pipeline segments to remain in place, the Conditions as prescribed in the proposed special permit would provide an additional level of safety without the impacts of excavation to remove existing pipe and install the replacement pipe. Due to the significant number of new class location segments that will require replacement or pressure testing, a special permit with IM based conditions would allow TGP a more reasonable time interval to schedule the required pipeline outages. The replacement and pressure testing of the 11.22 miles of pipe will be in accordance with the applicable sections of 49 CFR §§ 192.105, 192.611, 192.619, and Subpart J for the current class location. PHMSA found in reviewing TGP's response that a misapplication of § 192.5 had been used (under procedures in use before the Kinder Morgan acquisition) after installing upgraded pipe in a cluster area. Attachment A shows the segment locations with the number of dwellings outside of the cluster area but inside the sliding mile area. PHMSA considered both a Consent Agreement and Safety Order in reviewing the issues of the TGP request. Since the operator notified PHMSA of the violation, PHMSA considered a special permit with integrity management concepts in a special permit with conditions an appropriate mechanism for this situation to maintain safety. Also, the special permit conditions would ensure the special permit segments were maintained while the segments could be upgraded with pipe replacements or pressure tests. With integrity management procedures being effective in other safety situations, PHMSA considers this to be an effective approach for the sliding mile areas with 4 Type B special permit segments include those special permit segments where there is a cluster, as described in 49 CFR § I92.5(c), of 10 or fewer buildings intended for human occupancy in a "class location unit" and for which the MAOP has not been confirmed in accordance with 49 CFR § 192.611. There are 171 segments and 37.78 miles of Type B special permit segments and 3.84 miles of this total must be pressure tested as listed on Attachment A. PHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C. FONSI Page 3 of 31 <<>> 10 or fewer dwellings or structures for human occupancy, which is the case for over 89 percent (171 of 192 segments) of the TGP 192 special permit segments. Special permit conditions are measures to assess, evaluate, and implement measures to manage and eliminate threats to pipe integrity and public safety in areas of high consequence such as these sliding mile special permit segments. • List the regulation(s) for which the operator seeks the permit. The special permit would address the requirements of 49 CFR §§ 192.5, 192.611(a) and (d), and 192.619(a). • Describe the need for the requested special permit. How would a special permit benefit the operator? Would a special permit benefit the public? If so, please explain how. Implementation of the special permit conditions would allow TGP to avoid the replacement of 37.78 miles of pipeline. Instead, the special permit would require implementation of the special permit conditions, including enhanced integrity management procedures. The special permit would benefit the public by reducing any disruptions due to construction activities near their homes in the Special Permit Segments. • Indicate whether this is an existing or proposed pipeline. This special permit impacts only existing pipeline facilities as outlined in Attachment A. • Describe pipeline, the materials transported in the pipeline, and specift the counties and states where the affected segments of the pipeline are or would be located. The TGP pipeline transports natural gas in the pipeline segments included in the special permit that are located in the states of Kentucky, Louisiana, Mississippi, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Texas and West Virginia. The pipeline Special Permit Segments are generally short in length, not contiguous and are located in multiple States and counties/parishes within those states. Attachment A (Pipeline Segments and Map) outlines the specific locations — state and county — of the Special Permit Segments. 111. Alternatives • Alternative 1: Granting the Special Permit Request With Conditions ▪ Describe Alternative: Describe what PHMSA would do under this alternative. i.e. grant a permit that allows operator to schedule the replacement or pressure testing of certain pipeline segments and leave certain pipeline segment in place under added integrity measures defined PHMSA-2016-0004 Tennessee Gas Pipeline, L.L.C. FONSI Page 4 of 31 <<>> in the Conditions of the special permit and while also treating all of the identified pzpeline segments as high consequence areas. TGP proposes a special permit with conditions that includes two types of class location units (special permit segments) with clusters that impact approximately 49.00 miles of pipe. These units would be designated as either Type A or Type B special permit segments. The Type A special permit segrnents are those with more than 10 dwellings intended for human occupancy and for which the MAOP has not been confirmed in accordance with 49 CFR § 192.611. Approximately 11.22 miles of pipe located in these special permit segments would be replaced or pressure tested. A special permit would provide a schedule for the completion of the required pipe replacements andlor pressure testing for the Type A special permit segments. Type B special permit segments that have 10 or fewer dwellings would also be subject to the Conditions of the special permit for its term. All of these special perrnit segments would be treated as high consequence areas (HCAs) under an integrity management (IM) program (49 CFR Part 192, Subpart 0) as a requirement of the special permit. Approximately 37.7g miles of pipe are located in Type B locations. The special permit would incorporate conditions (enhanced integrity management activities) to maintain pipeline integrity. All of the permit conditions are attributes of a robust IM program (49 CFR Part 192, Subpart 0). These proposed Conditions include conducting periodic: close interval surveys, cathodic protection reliability improvements, stress corrosion cracking direct assessment, running inline inspection (ILI) assessments (srnart pigs), interference current control surveys, remediating ILI findings through anomaly evaluation and repairs, pipe seam evaluations, pipe properties records review and documentation, and maintaining line-of-sight markers. Many of these proposed integrity activities are currently required in 49 CFR Part 192, Subpart 0 for an IM program to manage high consequence areas (HCAs) at specified reassessment intervals. The assessment and reassessment intervals, the level of remediation and the maintenance activities in a proposed special permit would be more stringent to maintain pipe integrity and protect both the public and the environment for the class location units in which the Special Permit Segments are located. The erthanced integrity management activities that TGP would implement as proposed special permit conditions for the pipeline segments include: PIIMSA-2016-0004 Tennessee Gas Pipeline, L.L.C. FONS - **truncated:** true - **body characters:** 252875