{"operation":"document","citation":"0900006480e91db9","title":"U.S. DOT/PHMSA - Special Permit Analysis and Findings","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"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... 5 7) ILl in 2004, with no immediately actionable anomalies found. Empire has met this requirement but will need to run an ILl tool to detect dents and re-run ILl for anomalies and corrosion by September 30, 2011. The criteria for consideration of class location change waiver, now being granted through special permits,...","machine_formats":{"json":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e91db9.json","markdown":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e91db9.md"},"app_url":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e91db9","source_url":"https://downloads.regulations.gov/PHMSA-2008-0213-0013/attachment_1.pdf","body":"<<<PAGE 1>>>\n\n1\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)\nSpecial Permit Analysis and Findings\nSpecial Permit Information:\nDocket Number:\nPipeline Operator:\nDate Requested:\nCode Section(s):\nPHMSA-2008-0213\nEmpire Pipeline, Inc., (operator of Empire State Pipeline)\nAugust 8, 2008\n49 CFR § 192.61l(a)\nPurpose:\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA) provides this\ninformation to describe the facts of the subject special permit application submitted by Empire\nPipeline, Inc. (Empire), operator ofthe Empire State Pipeline. PHMSA also provides discussion\nof any relevant public comments received with respect to the application, presents the\nengineering and safety analysis of the special permit application, and makes findings regarding\nwhether the requested special permit should be granted and if so under what conditions.\nPipeline System Affected:\nThis special permit request involves five (5) special permit segments along Empire's 24-inch\nnatural gas transmission pipeline known as the Empire State Pipeline. The five special permit\nsegments are located in Niagara, Genesee, and Monroe Counties, NY. The class location ofthe\nspecial permit segments have changed from Class 1 Locations to Class 2 Location or a Class 21\nLocations to Class 3 Locations.\nNiagara, Genesee, and Monroe Counties, NY\n1 The Class 3 segments were originally a Class I Location that was upgraded to Class 2 Location by reason of\nhydrostatic test in accordance with § 192.611(a).\n\n<<<PAGE 2>>>\n\n2\nThis special permit applies to the special permit segments defined using Empire's Survey Station\nNumbers. Mileposts are provided for information only.\n• Special Permit Segment 1 - 24-inch Empire State Pipeline mainline, approximately 730 feet\nin length, located in Genesee County, New York, from Survey Station 3027 + 50 to Survey\nStation 3034 + 80; (MP 57.33 to MP 57.49)\n• Special Permit Segment 2 - 24-inch Empire State Pipeline mainline, approximately 1,715\nfeet in length, located in Monroe County, New York, from Survey Station 4018 + 73 to\nSurvey Station 4035 + 88; (MP 76.09 to MP 76.42)\n• Special Permit Segment 3 - 24-inch Empire State Pipeline mainline, approximately 1,650\nfeet in length, located in Monroe County, New York, from Survey Station 4483 + 10 to\nSurvey Station 4499 + 60; (MP 84.88 to MP 85.19)\n• Special Permit Segment 4 - 24-inch Empire State Pipeline mainline, approximately 2,675\nfeet in length, located in Niagara County, New York, from Survey Station 1230 + 69 to\nSurvey Station 1257 + 44; (MP 23.30 to MP 23.81)\n• Special Permit Segment 5, 24-inch Empire State Pipeline mainline, approximately, 1,760\nfeet in length, located in Niagara County, New York, from Survey Station 1330 + 50 to\nSurvey Station 1348 + 10; (MP 25.19 to MP 25.54)\nNiagara, Genesee, Monroe, Ontario, Wayne, Cayuga, Onondaga and Oswego Counties, NY\nSpecial permit inspection area - means the area that extends 220 yards on each side of the\ncenterline of 24\" mainline along the entire length ofthe Empire State Pipeline from Mile Post 0\n(NY/Canada Border) to Mile Post 157 (Phoenix, NY). The special permit inspection area is\nlocated in Niagara, Genesee, Monroe, Ontario, Wayne, Cayuga, Onondaga and Oswego\nCounties, NY. The total length of the special permit inspection area is approximately 157 miles.\nThe Empire State Pipeline special permit inspection area includes the following sections:\n• Western Section - from Mile Post 0 in Niagara County, New York to Mile Post 90.8 in\nOntario County, New York and the pipeline has an MAOP of 1440 pounds per square\ninch gauge (psig); and\n• Eastern Section - from Mile Post 90.8 in Ontario County, New York to Mile Post 157 in\nOswego County, New York and the pipeline has an MAOP of 1000 psig.\n\n<<<PAGE 3>>>\n\n3\nSpecial Permit Request\nEmpire submitted an application to PHMSA on August 8, 2008, for a special permit seeking\nrelief from the Federal pipeline safety regulations in 49 CFR § 192.611(a) for five (5) segments\nof the Empire State Pipeline where a change has occurred from a Class 1 or 2 to Class 3\nLocations. As requested, this special permit would allow Empire to continue to operate the\npipeline segments at their current maximum allowable operating pressure (MAOP) of 1440 psig\nin the Western Section and 1000 psig in the Eastern Section. The Federal pipeline safety\nregulations in 49 CFR § 192.611(a) require natural gas pipeline operators to confirm or revise the\nMAOP of a pipeline segment after a change in class location. A special permit would allow\nEmpire to continue to operate each of the five (5) special permit segments at their existing\nMAOP's despite a change in class location.\nIn its application, Empire suggested that the five (5) special permit segments be included in one\nseparate special permit inspection area (see Empire's applicat,ion for the specific details). The\nspecial permit inspection area on the Empire State Pipeline will begin approximately 23.3 miles\nupstream of the beginning of the special permit segment 1 extend through the five special permit\nsegments and end approximately 71.8 miles downstream of the ending of special permit\nsegment 5, The total length of the special permit inspection area is approximately 157 miles.\nPublic Notice:\nOn January 23,2009, PHMSA posted a notice of this special permit request in the Federal\nRegister (74 FR 4297). The request letter, Federal Register notice and all related documents are\navailable for review in Docket No. PHMSA-2008-0213 in the Federal Docket Management\nSystem (FDMS) located on the internet at www.Regulations.gov.\nPHMSA did not receive any public comments on this special permit request.\nAnalysis:\nBackground: On June 29, 2004, PHMSA published in the Federal Register (69 FR 38948) the\ncriteria it uses for the consideration of class location change waivers, now being granted through\nspecial permits. First, certain threshold requirements must be met for a pipeline section to be\nfurther evaluated for a class location change special permit. Second, the age and manufacturing\n\n<<<PAGE 4>>>\n\n4\nprocess of the pipe; system design and construction; environmental, operating and maintenance\nhistories; and integrity management program elements are evaluated as significant criteria.\nThese significant criteria are presented in matrix form and can be reviewed in the FDMS, Docket\nNumber PHMSA-2004-1740I. Third, such special permits may only then be granted when pipe\nconditions and active integrity management provide a level of safety greater than or equal to a\npipe replacement or pressure reduction.\nThreshold Requirements: Each of the threshold requirements published by PHMSA in the\nJune 29, 2004, FR notice is discussed below in regards to the Empire special permit petition.\n1) No pipeline segments in a class location changing to Class 4 Location will be considered.\nThis special permit request is for five segments of Empire's Empire State Pipeline where a\nclass location change has occurred from Class 1 Location to Class 3 Location or Class 2\nLocation to Class 3 Location. Empire has met this requirement.\n2) No bare pipe will be considered. The Empire special permit segments are coated with fusion\nbonded epoxy (FBE) coating. Empire has met this requirement.\n3) No pipe containing wrinkle bends will be considered. There are no wrinkle bends in this\nspecial permit segment. Empire Pipeline 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. This special permit segment operates at or\nbelow 72 percent SMYS. Empire has met this requirement.\n5) Records must be produced that show a hydrostatic test to at least 1.25 x MAOP for class\nlocation change from Class 1 or Class 2 to Class 3 Location and 90 percent of SMYS for\nclass location change from Class 1 to Class 3 Location. Empire Pipeline records submitted\nshow that the Class 1 pipe (0.343\") of the 24-inch Empire State Pipeline existing within the\nspecial permit segments, has been hydrostatically tested to a minimum of 1,808 psig, which\nis 1.25 x MAOP and 90% of SMYS for class location change from Class 1 to Class 3\nLocation. Pipe used in Class 1 Locations for tie-ins and road crossings is heavier wall pipe\n(0.4 1 2-inch and 0.494-inch), but has been tested to the same pressure as the 0.343-inch wall\npipe. Empire has met these requirements.\n6) In-line inspection (ILl) must have been performed with no significant anomalies identified\nthat indicate systemic problems. The proposed special permit segment was last inspected by\n\n<<<PAGE 5>>>\n\n5\n7) ILl in 2004, with no immediately actionable anomalies found. Empire has met this\nrequirement but will need to run an ILl tool to detect dents and re-run ILl for anomalies and\ncorrosion by September 30, 2011.\nThe criteria for consideration of class location change waiver, now being granted through\nspecial permits, define a waiver inspection area (special permit inspection area) as up to 25\nmiles of pipe either side of the waiver segment (special permit segment). The special permit\ninspection area must be inspected according to Empire's integrity management program and\nperiodically inspected with an in-line inspection technique. The portion of the special permit\ninspection area is approximately 157 miles long which is the entire length of the Empire\nState Pipeline. The special permit inspection area transverses from Mile Post 0 (NY/Canada\nborder) to Mile Post 157 (Phoenix, NY) through Niagara, Genesee, Monroe, Ontario, Wayne,\nCayuga, Onondaga and Oswego Counties, NY. From Mile Post 0 to 90.8 (western portion)\nin Niagara, Genesee, Monroe, and Ontario, NY, the Empire State Pipeline has a MAOP of\n1,440 PSIG. From Mile Post 90.8 to Mile Post 157 (eastern portion) in Ontario, Wayne,\nCayuga, Onondaga and Oswego Counties, NY, the Empire State Pipeline has a MAOP of\n1,000 PSIG. This special permit will require Empire to incorporate each of the five special\npermit segments into its written integrity management program as \"covered segment\" in a\n\"high consequence area\" (HCA) per 49 CFR § 192.903.\nThe special permit segments meet the threshold requirements; however additional ILl tool runs\nwill be necessary to ensure safety and therefore will be required by the special permit conditions.\nCriteria Matrix: The original and supplemental data submitted by Empire for the special permit\nsegments have been compared to the class location change special permit criteria matrix. The\ndata fall within the probable acceptance column of the criteria matrix for all criteria except\nsubmittal of material test reports with charpy-impact toughness and performing internal line\ninspections within one-year after issuance of the special permit.\n• The five special permit segments fall in the probable acceptance column of the criteria\nmatrix for all criteria except for:\no Possible acceptance - ILl time frame - Special permit conditions will require ILL\n\n<<<PAGE 6>>>\n\n6\no Requires substantial justification - none\nPHMSA has determined that imposing the special permit with conditions will provide a level of\nsafety greater than or equal to pipe replacement or pressure reduction for this area.\nOperational Integrity Compliance: PHMSA reviewed this special permit request to ensure that\nintegrity threats to the pipeline in the special permit segment and special permit area are\naddressed in the operator's operations and management plan (O&M Plan) to provide a\nsystematic program to review and remediate the pipeline for safety concerns. PHMSA will\nrequire additional operational integrity review and remediation requirements through the special\npermit. The pipeline operational integrity requirements are to ensure that the operator has an\nongoing program to locate and remediate safety threats. These threats to integrity and safety\ninclude the pipe coating quality, cathodic protection effectiveness, operations damage prevention\nprogram for third party damage, weld seam and girth weld integrity, anomalies in the pipe steel,\nand material and structures either along or near the pipeline that could cause the cathodic\nprotection system to be ineffective. PHMSA carefully designed a comprehensive set of\nconditions that Empire will be required to meet under the special permit. Among other things,\nthe conditions include:\n• A close interval survey to determine the effectiveness of the cathodic protection system\nmust be performed within the special permit inspection area and all areas with inadequate\ncathodic protection must be remediated.\n• A coating survey to determine the quality of the pipe coating must be conducted and in-\neffective coating areas must be required to be remediated.\n• Stress corrosion cracking (SCC) surveys on the pipeline will be required to ensure that\nthe pipe steel does not contain cracks due to the effects of high and near neutral pH SCC.\n• The latest methods of damage prevention must be incorporated by the operator, such as\nthe best practices of the Common Ground Alliance (CGA) within the special permit\ninspection areas.\n• Interference currents from electric transmission lines and other interfering structures in\nthe special permit inspection areas must be identified, controlled and mitigated by\nconducting surveys and installing grounding systems where required.\n\n<<<PAGE 7>>>\n\n7\n• An analysis of pipeline field coated girth welds that could have shielding coatings that\ncould cause corrosion ofthe pipe steel must be undertaken in the special permit segments\nand in-line inspection logs that indicate 30% corrosion indications on shielding or\nunknown coatings must be exposed and evaluated.\n• Anomalies and dents in the pipeline must be repaired, based upon the special permit\nrepair criteria.\n• Girth welds in the special permit segments must have been inspected to a non destructive\ntest plan during construction, or a quality review and remediation program must be\nimplemented by the pipeline operator.\n• All shorted casing at road crossings and railroad crossings in the special permit segments\n(either metallic or electrolytic) must be cleared to prevent corrosion.\n• Pipeline longitudinal seams within the special permit inspection area must have an\nengineering analysis to determine if there are any threats and remediated, if integrity\nthreats are determined.\n• Periodic close interval surveys and in-line inspection surveys (pipeline internal surveys to\ndetermine corrosion in the pipeline) must be performed on the special permit segments at\nthe applicable reassessment intervals.\n• In-line tool (ILl) inspections must be conducted through the five special permit segments\nand special permit inspection area by September 30, 2011 of the date of issuance of this\nspecial permit and remediate any findings in accordance with the 49 CFR Part 192,\nSubpart 0; § 192.485; and the conditions of this special permit. Empire must also\nremediate within nine (9) months of grant of this special permit all anomalies or dents\nthat does not meet Condition 20 of the Special permit based upon existing ILl results\nfrom high resolution MFL and caliper/geometry tools ran in August and September,\n2004.\nPHMSA has determined that imposing these conditions (along with the remainder of the\nconditions set forth in the special permit) will ensure that granting the special permit will not be\ninconsistent with pipeline safety.\nPast Enforcement History - 2000 through 2009:\n\n<<<PAGE 8>>>\n\n8\nA review of PHMSA enforcement actions against Empire from 2000 through 2009 shows the\nfollowing enforcement actions against the companies. The enforcement actions place Empire in\nthe \"possible acceptance category\" for a special permit grant. Empire Pipeline, Inc. is owned by\nthe National Fuel Gas Company. Company assets are distributed among the following 4\nbusiness segments: Empire Pipeline, Inc. OPID #31592 National Fuel Gas Distribution\nCorporation OPID #13061 (PA) & 13062 (NY), National Fuel Gas Supply Corporation OPID\n#13063, and Seneca Resources Corporation OPID #18201.\nBelow is a listing of the Empire State Pipeline enforcement matters of all types in all PHMSA\nRegions:\n• Eastern Region - 1 matter\n• Notice of Probable Violation's (NOPV) - 0\n• States where violations have occurred: New York\nEmpire State Pipeline's regulatory enforcement history from 2000 to 2009 indicates one non-\ncompliance issue as shown above with 49 CFR 192 and no outstanding corrective action orders\n(CAO). The single enforcement item that includes 9 notices of amendment was issued in 2005\nin the course of a Part 192, Subpart 0, Integrity Management Plan inspection with the National\nFuel Gas Company which covered the National Fuel Gas Distribution Corporation, the National\nFuel Gas Supply Corporation and Empire Pipeline, Inc.\nBased upon Empire State Pipeline's compliance history, PHMSA concludes that Empire State\nPipeline's compliance history will not require additional assurances to ensure full compliance\nwith the Special Permit conditions.\nPHMSA has determined that imposing the special permit conditions will ensure that granting the\nspecial permit will not be inconsistent with pipeline safety.\nFindings:\nBased on the information submitted by Empire and PHMSA's analysis of the technical,\noperational, and safety issues, and given the additional measures required and conditions that\nwill be imposed, PHMSA finds that granting this special permit to Empire to operate five (5)\n\n<<<PAGE 9>>>\n\n9\nsegments of the Empire State Pipeline, a natural gas transmission pipeline, at the current MAOP\nwhere a change in class location has occurred from a Class 1 location to a Class 3 location is\nconsistent with pipeline safety.\nCompleted in Washington DC on: ------'U..,..\"lf---31)-:I-I,eh 2 nlJl-l1tBfJ------\nPrepared By: PHMSA - Engineering and Emergency Support","truncated":false,"body_characters":17821}