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CFR 2011 Title49 Vol3 Part195 PDF
CFR 2011 Title49 Vol3 Part195 PDF
I (10–1–11 Edition)
542
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Pipeline and Hazardous Materials Safety Admin., DOT Pt. 195
195.501 Scope.
60108, 60109, 60116, 60118, and 60137; and 49 CFR
195.503 Definitions.
1.53.
195.505 Qualification program.
195.507 Recordkeeping. SOURCE: Amdt. 195–22, 46 FR 38360, July 27,
195.509 General. 1981, unless otherwise noted.
543
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§ 195.0 49 CFR Ch. I (10–1–11 Edition)
EDITORIAL NOTE: Nomenclature changes to side facility grounds) and does not
part 195 appear at 71 FR 33409, June 9, 2006. cross an offshore area or a waterway
currently used for commercial naviga-
Subpart A—General tion;
(4) Transportation of petroleum
§ 195.0 Scope. through an onshore rural gathering
This part prescribes safety standards line that does not meet the definition
and reporting requirements for pipeline of a ‘‘regulated rural gathering line’’ as
facilities used in the transportation of provided in § 195.11. This exception does
hazardous liquids or carbon dioxide. not apply to gathering lines in the in-
[Amdt. 195–45, 56 FR 26925, June 12, 1991]
lets of the Gulf of Mexico subject to
§ 195.413;
§ 195.1 Which pipelines are covered by (5) Transportation of hazardous liq-
this Part? uid or carbon dioxide in an offshore
(a) Covered. Except for the pipelines pipeline in state waters where the pipe-
listed in paragraph (b) of this Section, line is located upstream from the out-
this Part applies to pipeline facilities let flange of the following farthest
and the transportation of hazardous downstream facility: The facility
liquids or carbon dioxide associated where hydrocarbons or carbon dioxide
with those facilities in or affecting are produced or the facility where pro-
interstate or foreign commerce, includ- duced hydrocarbons or carbon dioxide
ing pipeline facilities on the Outer are first separated, dehydrated, or oth-
Continental Shelf (OCS). Covered pipe- erwise processed;
lines include, but are not limited to: (6) Transportation of hazardous liq-
(1) Any pipeline that transports a uid or carbon dioxide in a pipeline on
highly volatile liquid; the OCS where the pipeline is located
(2) Any pipeline segment that crosses upstream of the point at which oper-
a waterway currently used for commer- ating responsibility transfers from a
cial navigation; producing operator to a transporting
(3) Except for a gathering line not operator;
covered by paragraph (a)(4) of this Sec- (7) A pipeline segment upstream
tion, any pipeline located in a rural or (generally seaward) of the last valve on
non-rural area of any diameter regard- the last production facility on the OCS
less of operating pressure; where a pipeline on the OCS is pro-
(4) Any of the following onshore ducer-operated and crosses into state
gathering lines used for transportation waters without first connecting to a
of petroleum: transporting operator’s facility on the
(i) A pipeline located in a non-rural OCS. Safety equipment protecting
area; PHMSA-regulated pipeline segments is
(ii) A regulated rural gathering line not excluded. A producing operator of a
as provided in § 195.11; or segment falling within this exception
(iii) A pipeline located in an inlet of may petition the Administrator, under
the Gulf of Mexico as provided in § 190.9 of this chapter, for approval to
§ 195.413. operate under PHMSA regulations gov-
(b) Excepted. This Part does not apply erning pipeline design, construction,
to any of the following: operation, and maintenance;
(1) Transportation of a hazardous liq- (8) Transportation of hazardous liq-
uid transported in a gaseous state; uid or carbon dioxide through onshore
(2) Transportation of a hazardous liq- production (including flow lines), refin-
uid through a pipeline by gravity; ing, or manufacturing facilities or stor-
(3) Transportation of a hazardous liq- age or in-plant piping systems associ-
uid through any of the following low- ated with such facilities;
stress pipelines: (9) Transportation of hazardous liq-
(i) A pipeline subject to safety regu- uid or carbon dioxide:
lations of the U.S. Coast Guard; or (i) By vessel, aircraft, tank truck,
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(ii) A pipeline that serves refining, tank car, or other non-pipeline mode of
manufacturing, or truck, rail, or vessel transportation; or
terminal facilities, if the pipeline is (ii) Through facilities located on the
less than one mile long (measured out- grounds of a materials transportation
544
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.2
terminal if the facilities are used ex- Barrel means a unit of measurement
clusively to transfer hazardous liquid equal to 42 U.S. standard gallons.
or carbon dioxide between non-pipeline Breakout tank means a tank used to
modes of transportation or between a (a) relieve surges in a hazardous liquid
non-pipeline mode and a pipeline. pipeline system or (b) receive and store
These facilities do not include any de- hazardous liquid transported by a pipe-
vice and associated piping that are nec- line for reinjection and continued
essary to control pressure in the pipe- transportation by pipeline.
line under § 195.406(b); or Carbon dioxide means a fluid con-
(10) Transportation of carbon dioxide sisting of more than 90 percent carbon
downstream from the applicable fol- dioxide molecules compressed to a
lowing point: supercritical state.
(i) The inlet of a compressor used in Component means any part of a pipe-
the injection of carbon dioxide for oil line which may be subjected to pump
recovery operations, or the point where pressure including, but not limited to,
recycled carbon dioxide enters the in- pipe, valves, elbows, tees, flanges, and
jection system, whichever is farther closures.
upstream; or Computation Pipeline Monitoring
(ii) The connection of the first (CPM) means a software-based moni-
branch pipeline in the production field toring tool that alerts the pipeline dis-
where the pipeline transports carbon patcher of a possible pipeline operating
dioxide to an injection well or to a anomaly that may be indicative of a
header or manifold from which a pipe- commodity release.
line branches to an injection well.
Control room means an operations
(c) Breakout tanks. Breakout tanks
center staffed by personnel charged
subject to this Part must comply with
with the responsibility for remotely
requirements that apply specifically to
monitoring and controlling a pipeline
breakout tanks and, to the extent ap-
facility.
plicable, with requirements that apply
to pipeline systems and pipeline facili- Controller means a qualified indi-
ties. If a conflict exists between a re- vidual who remotely monitors and con-
quirement that applies specifically to trols the safety-related operations of a
breakout tanks and a requirement that pipeline facility via a SCADA system
applies to pipeline systems or pipeline from a control room, and who has oper-
facilities, the requirement that applies ational authority and accountability
specifically to breakout tanks prevails. for the remote operational functions of
Anhydrous ammonia breakout tanks the pipeline facility.
need not comply with §§ 195.132(b), Corrosive product means ‘‘corrosive
195.205(b), 195.242(c) and (d), 195.264(b) material’’ as defined by § 173.136 Class
and (e), 195.307, 195.428(c) and (d), and 8–Definitions of this chapter.
195.432(b) and (c). Exposed underwater pipeline means an
underwater pipeline where the top of
EDITORIAL NOTE: For FEDERAL REGISTER ci- the pipe protrudes above the under-
tations affecting § 195.1, see the List of CFR
Sections Affected, which appears in the
water natural bottom (as determined
Finding Aids section of the printed volume by recognized and generally accepted
and at www.fdsys.gov. practices) in waters less than 15 feet
(4.6 meters) deep, as measured from
§ 195.2 Definitions. mean low water.
As used in this part— Flammable product means ‘‘flammable
Abandoned means permanently re- liquid’’ as defined by § 173.120 Class 3–
moved from service. Definitions of this chapter.
Administrator means the Adminis- Gathering line means a pipeline 219.1
trator, Pipeline and Hazardous Mate- mm (85⁄8 in) or less nominal outside di-
rials Safety Administration or his or ameter that transports petroleum from
her delegate. a production facility.
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Alarm means an audible or visible Gulf of Mexico and its inlets means the
means of indicating to the controller waters from the mean high water mark
that equipment or processes are out- of the coast of the Gulf of Mexico and
side operator-defined, safety- its inlets open to the sea (excluding
545
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§ 195.2 49 CFR Ch. I (10–1–11 Edition)
rivers, tidal marshes, lakes, and ca- Nominal wall thickness means the wall
nals) seaward to include the territorial thickness listed in the pipe specifica-
sea and Outer Continental Shelf to a tions.
depth of 15 feet (4.6 meters), as meas- Offshore means beyond the line of or-
ured from the mean low water. dinary low water along that portion of
Hazard to navigation means, for the the coast of the United States that is
purposes of this part, a pipeline where in direct contact with the open seas
the top of the pipe is less than 12 and beyond the line marking the sea-
inches (305 millimeters) below the un- ward limit of inland waters.
derwater natural bottom (as deter- Operator means a person who owns or
mined by recognized and generally ac- operates pipeline facilities.
cepted practices) in waters less than 15 Outer Continental Shelf means all sub-
feet (4.6 meters) deep, as measured
merged lands lying seaward and out-
from the mean low water.
side the area of lands beneath navi-
Hazardous liquid means petroleum,
gable waters as defined in Section 2 of
petroleum products, or anhydrous am-
the Submerged Lands Act (43 U.S.C.
monia.
1301) and of which the subsoil and sea-
Highly volatile liquid or HVL means a
bed appertain to the United States and
hazardous liquid which will form a
are subject to its jurisdiction and con-
vapor cloud when released to the at-
trol.
mosphere and which has a vapor pres-
sure exceeding 276 kPa (40 psia) at 37.8 Person means any individual, firm,
°C (100 °F). joint venture, partnership, corporation,
In-plant piping system means piping association, State, municipality, coop-
that is located on the grounds of a erative association, or joint stock asso-
plant and used to transfer hazardous ciation, and includes any trustee, re-
liquid or carbon dioxide between plant ceiver, assignee, or personal represent-
facilities or between plant facilities ative thereof.
and a pipeline or other mode of trans- Petroleum means crude oil, conden-
portation, not including any device and sate, natural gasoline, natural gas liq-
associated piping that are necessary to uids, and liquefied petroleum gas.
control pressure in the pipeline under Petroleum product means flammable,
§ 195.406(b). toxic, or corrosive products obtained
Interstate pipeline means a pipeline or from distilling and processing of crude
that part of a pipeline that is used in oil, unfinished oils, natural gas liquids,
the transportation of hazardous liquids blend stocks and other miscellaneous
or carbon dioxide in interstate or for- hydrocarbon compounds.
eign commerce. Pipe or line pipe means a tube, usu-
Intrastate pipeline means a pipeline or ally cylindrical, through which a haz-
that part of a pipeline to which this ardous liquid or carbon dioxide flows
part applies that is not an interstate from one point to another.
pipeline. Pipeline or pipeline system means all
Line section means a continuous run parts of a pipeline facility through
of pipe between adjacent pressure pump which a hazardous liquid or carbon di-
stations, between a pressure pump sta- oxide moves in transportation, includ-
tion and terminal or breakout tanks,
ing, but not limited to, line pipe,
between a pressure pump station and a
valves, and other appurtenances con-
block valve, or between adjacent block
valves. nected to line pipe, pumping units, fab-
ricated assemblies associated with
Low-stress pipeline means a hazardous
liquid pipeline that is operated in its pumping units, metering and delivery
entirety at a stress level of 20 percent stations and fabricated assemblies
or less of the specified minimum yield therein, and breakout tanks.
strength of the line pipe. Pipeline facility means new and exist-
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Maximum operating pressure (MOP) ing pipe, rights-of-way and any equip-
means the maximum pressure at which ment, facility, or building used in the
a pipeline or segment of a pipeline may transportation of hazardous liquids or
be normally operated under this part. carbon dioxide.
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.3
547
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§ 195.3 49 CFR Ch. I (10–1–11 Edition)
U.S.C. 552(a) and 1 CFR part 51. In addi- try, Inc. (MSS), 127 Park Street, NE.,
tion, materials incorporated by ref- Vienna, VA 22180.
erence are available as follows: 5. American Society for Testing and
1. Pipeline Research Council Inter- Materials (ASTM), 100 Barr Harbor
national, Inc. (PRCI), c/o Technical Drive, West Conshohocken, PA 19428.
Toolboxes, 3801 Kirby Drive, Suite 520, 6. National Fire Protection Associa-
Houston, TX 77098. tion (NFPA), 1 Batterymarch Park,
2. American Petroleum Institute P.O. Box 9101, Quincy, MA 02269–9101.
(API), 1220 L Street, NW., Washington, 7. NACE International, 1440 South
DC 20005. Creek Drive, Houston, TX 77084.
3. ASME International (ASME), (c) The full titles of publications in-
Three Park Avenue, New York, NY corporated by reference wholly or par-
10016–5990. tially in this part are as follows. Num-
4. Manufacturers Standardization So- bers in parentheses indicate applicable
ciety of the Valve and Fittings Indus- editions:
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548
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Source and name of referenced material 49 CFR reference
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(January 2009) and addendum (February 2009)).
(2) API Recommended Practice 5L1, ‘‘Recommended Practice for Railroad Transportation of Line Pipe’’ (6th edition, § 195.207(a).
July 2002).
(3) API Recommended Practice 5LW, ‘‘Transportation of Line Pipe on Barges and Marine Vessels’’ (2nd edition, De- § 195.207(b).
cember 1996, effective March 1, 1997).
PO 00000
(4) ANSI/API Specification 6D, ‘‘Specification for Pipeline Valves’’ (23rd edition, April 2008, effective October 1, § 195.116(d).
2008) and errata 3 (includes 1 & 2 (2009).
(5) API Specification 12F, ‘‘Specification for Shop Welded Tanks for Storage of Production Liquids’’ (11th edition, §§ 195.132(b)(1); 195.205(b)(2); 195.264(b)(1);
November 1, 1994, reaffirmed 2000, errata, February 2007). 195.264(e)(1); 195.307(a); 195.565; 195.579(d).
(6) API Standard 510, ‘‘Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration’’ (9th §§ 195.205(b)(3); 195.432(c).
edition, June 2006).
Frm 00561
(7) API Standard 620, ‘‘Design and Construction of Large, Welded, Low-Pressure Storage Tanks’’ (11th edition, §§ 195.132(b)(2); 195.205(b)(2); 195.264(b)(1);
February 2008, addendum 1 March 2009). 195.264(e)(3); 195.307(b).
(8) API Standard 650, ‘‘Welded Steel Tanks for Oil Storage’’ (11th edition, June 2007, addendum 1, November §§ 195.132(b)(3); 195.205(b)(1); 195.264(b)(1);195.264(e)(2);
2008). 195.307(c); 195.307(d); 195.565; 195.579(d).
(9) ANSI/API Recommended Practice 651, ‘‘Cathodic Protection of Aboveground Petroleum Storage Tanks’’ (3rd §§ 195.565; 195.579(d).
Fmt 8010
edition, January 2007).
549
(10) ANSI/API Recommended Practice 652, ‘‘Linings of Aboveground Petroleum Storage Tank Bottoms’’ (3rd edi- § 195.579(d).
tion, October 2005).
(11) API Standard 653, ‘‘Tank Inspection, Repair, Alteration, and Reconstruction’’ (3rd edition, December 2001, in- §§ 195.205(b)(1); 195.432(b).
cludes addendum 1 (September 2003), addendum 2 (November 2005), addendum 3 (February 2008), and errata
Sfmt 8010
(April 2008)).
(12) API Standard 1104, ‘‘Welding of Pipelines and Related Facilities’’ (20th edition, October 2005, errata/addendum §§ 195.222(a); 195.228(b); 195.214(a).
(July 2007), and errata 2 December 2008)).
(13) API Recommended Practice 1130, ‘‘Computational Pipeline Monitoring for Liquids: Pipeline Segment’’ (3rd edi- §§ 195.134; 195.444.
Pipeline and Hazardous Materials Safety Admin., DOT
Y:\SGML\223216.XXX
(17) API Recommended Practice 2003, ‘‘Protection Against Ignitions Arising Out of Static, Lightning, and Stray Cur- § 195.405(a).
rents’’ (7th edition, January 2008).
(18) API Publication 2026, ‘‘Safe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Service’’ § 195.405(b).
(2nd edition, April 1998, reaffirmed June 2006).
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(19) API Recommended Practice 2350, ‘‘Overfill Protection for Storage Tanks In Petroleum Facilities’’’ (3rd edition, § 195.428(c).
January 2005).
(20) API 2510, ‘‘Design and Construction of LPG Installations’’ (8th edition, 2001) ....................................................... §§ 195.132(b)(3); 195.205(b)(3); 195.264(b)(2);
195.264(e)(4); 195.307(e); 195.428(c); 195.432(c).
(21) API Recommended Practice 1168 ‘‘Pipeline Control Room Management,’’ (API RP1168) First Edition (Sep- § 195.446(c)(5), (f)(1).
§ 195.3
tember 2008).
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(4) ASME/ANSI B31.8–2007, ‘‘Gas Transmission and Distribution Piping Systems’’ (November 30, 2007) .................. § 195.5(a)(1)(i); 195.406(a)(1)(i).
(5) 2007 ASME Boiler & Pressure Vessel Code, Section VIII, Division 1 ‘‘Rules for Construction of Pressure Ves- § 195.124; 195.307(e).
sels’’ (2007 edition, July 1, 2007).
(6) 2007 ASME Boiler & Pressure Vessel Code, Section VIII, Division 2 ‘‘Alternate Rules, Rules for Construction of § 195.307(e).
PO 00000
Pressure Vessels’’ (2007 edition, July 1, 2007).
(7) 2007 ASME Boiler & Pressure Vessel Code, Section IX: ‘‘Qualification Standard for Welding and Brazing Proce- § 195.222(a).
dures, Welders, Brazers, and Welding and Brazing Operators,’’ (2007 edition, July 1, 2007).
D. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS):
(1) MSS SP–75–2004, ‘‘Specification for High Test Wrought Butt Welding Fittings.’’ ..................................................... § 195.118(a).
Frm 00562
(2) [Reserved] ...................................................................................................................................................................
E. American Society for Testing and Materials (ASTM):
(1) ASTM A53/A53M–07, ‘‘Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded and § 195.106(e).
Seamless’’ (September 1, 2007).
(2) ASTM A106/A106M–08, ‘‘Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service’’ § 195.106(e).
Fmt 8010
(July 15, 2008).
550
(3) ASTM A333/A 333M–05, ‘‘Standard Specification for Seamless and Welded Steel Pipe for Low-Temperature § 195.106(e).
Service.’’.
(4) ASTM A381–96 (Reapproved 2005), ‘‘Standard Specification for Metal-Arc-Welded Steel Pipe for Use With High- § 195.106(e).
Sfmt 8010
Pressure Transmission Systems’’ (October 1, 2005).
(5) ASTM A671–06, ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Tem- § 195.106(e).
peratures’’ (May 1, 2006).
(6) ASTM A672–08, ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for High-Pressure Service at § 195.106(e).
Moderate Temperatures’’ (May 1, 2008).
(7) ASTM A691–98 (reapproved 2007), ‘‘Standard Specification for Carbon and Alloy Steel Pipe Electric-Fusion- § 195.106(e).
Welded for High-Pressure Service at High Temperatures.’’.
F. National Fire Protection Association (NFPA):
(1) NFPA 30, ‘‘Flammable and Combustible Liquids Code’’ (2008 edition, approved August 15, 2007) ........................ § 195.264(b)(1).
(2) [Reserved] ...................................................................................................................................................................
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G. NACE International (NACE):
(1) NACE SP0169–2007, Standard Practice, ‘‘Control of External Corrosion on Underground or Submerged Metallic §§ 195.571; 195.573(a)(2).
Piping Systems’’ (reaffirmed March 15, 2007).
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(2) NACE SP0502–2008, Standard Practice, ‘‘Pipeline External Corrosion Direct Assessment Methodology’’ (re- § 195.588.
affirmed March 20, 2008).
49 CFR Ch. I (10–1–11 Edition)
Pipeline and Hazardous Materials Safety Admin., DOT § 195.6
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 (3) All known unsafe defects and con-
FR 32721, July 29, 1982] ditions must be corrected in accord-
EDITORIAL NOTE: For FEDERAL REGISTER ci- ance with this part.
tations affecting § 195.3, see the List of CFR (4) The pipeline must be tested in ac-
Sections Affected, which appears in the cordance with subpart E of this part to
Finding Aids section of the printed volume substantiate the maximum operating
and at www.fdsys.gov. pressure permitted by § 195.406.
(b) A pipeline that qualifies for use
§ 195.4 Compatibility necessary for
transportation of hazardous liquids under this section need not comply
or carbon dioxide. with the corrosion control require-
ments of subpart H of this part until 12
No person may transport any haz- months after it is placed into service,
ardous liquid or carbon dioxide unless notwithstanding any previous dead-
the hazardous liquid or carbon dioxide lines for compliance.
is chemically compatible with both the (c) Each operator must keep for the
pipeline, including all components, and life of the pipeline a record of the in-
any other commodity that it may come vestigations, tests, repairs, replace-
into contact with while in the pipeline. ments, and alterations made under the
[Amdt. 195–45, 56 FR 26925, June 12, 1991] requirements of paragraph (a) of this
section.
§ 195.5 Conversion to service subject [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
to this part. amended by Amdt. 195–52, 59 FR 33396, June
(a) A steel pipeline previously used in 28, 1994; Amdt. 195–173, 66 FR 67004, Dec. 27,
service not subject to this part quali- 2001]
fies for use under this part if the oper-
ator prepares and follows a written § 195.6 Unusually Sensitive Areas
(USAs).
procedure to accomplish the following:
(1) The design, construction, oper- As used in this part, a USA means a
ation, and maintenance history of the drinking water or ecological resource
pipeline must be reviewed and, where area that is unusually sensitive to en-
sufficient historical records are not vironmental damage from a hazardous
available, appropriate tests must be liquid pipeline release.
performed to determine if the pipeline (a) An USA drinking water resource
is in satisfactory condition for safe op- is:
eration. If one or more of the variables (1) The water intake for a Commu-
necessary to verify the design pressure nity Water System (CWS) or a Non-
under § 195.106 or to perform the testing transient Non-community Water Sys-
under paragraph (a)(4) of this section is tem (NTNCWS) that obtains its water
unknown, the design pressure may be supply primarily from a surface water
verified and the maximum operating source and does not have an adequate
pressure determined by— alternative drinking water source;
(i) Testing the pipeline in accordance (2) The Source Water Protection Area
with ASME B31.8, Appendix N, to (SWPA) for a CWS or a NTNCWS that
produce a stress equal to the yield obtains its water supply from a Class I
strength; and or Class IIA aquifer and does not have
(ii) Applying, to not more than 80 an adequate alternative drinking water
percent of the first pressure that pro- source. Where a state has not yet iden-
duces a yielding, the design factor F in tified the SWPA, the Wellhead Protec-
§ 195.106(a) and the appropriate factors tion Area (WHPA) will be used until
in § 195.106(e). the state has identified the SWPA; or
(2) The pipeline right-of-way, all (3) The sole source aquifer recharge
aboveground segments of the pipeline, area where the sole source aquifer is a
and appropriately selected under- karst aquifer in nature.
ground segments must be visually in- (b) An USA ecological resource is:
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spected for physical defects and oper- (1) An area containing a critically
ating conditions which reasonably imperiled species or ecological commu-
could be expected to impair the nity;
strength or tightness of the pipeline. (2) A multi-species assemblage area;
551
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§ 195.6 49 CFR Ch. I (10–1–11 Edition)
commonly, are interbedded to some de- lons per minute to be included in this
gree with silt and clay. Not all Class Ia class. Local fracturing may contribute
aquifers are important water-bearing to the dominant primary porosity and
units, but they are likely to be both permeability of these systems.
552
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.6
553
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§ 195.8 49 CFR Ch. I (10–1–11 Edition)
(TNCWS) means a public water system the manner proposed would be unduly
that does not regularly serve at least hazardous, he will, within 90 days after
25 of the same persons over six months receipt of the notice, order the person
per year. This type of water system that gave the notice, in writing, not to
554
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.11
transport the hazardous liquid or car- area that meets all of the following cri-
bon dioxide in the proposed manner teria—
until further notice. (1) Has a nominal diameter from 65⁄8
[Amdt. 195–45, 56 FR 26925, June 12, 1991, as inches (168 mm) to 85⁄8 inches (219.1
amended by Amdt. 195–50, 59 FR 17281, Apr. mm);
12, 1994] (2) Is located in or within one-quarter
mile (.40 km) of an unusually sensitive
§ 195.9 Outer continental shelf pipe- area as defined in § 195.6; and
lines. (3) Operates at a maximum pressure
Operators of transportation pipelines established under § 195.406 cor-
on the Outer Continental Shelf must responding to—
identify on all their respective pipe- (i) A stress level greater than 20-per-
lines the specific points at which oper- cent of the specified minimum yield
ating responsibility transfers to a pro- strength of the line pipe; or
ducing operator. For those instances in (ii) If the stress level is unknown or
which the transfer points are not iden- the pipeline is not constructed with
tifiable by a durable marking, each op- steel pipe, a pressure of more than 125
erator will have until September 15, psi (861 kPa) gage.
1998 to identify the transfer points. If it
(b) Safety requirements. Each operator
is not practicable to durably mark a
must prepare, follow, and maintain
transfer point and the transfer point is
written procedures to carry out the re-
located above water, the operator must
quirements of this section. Except for
depict the transfer point on a sche-
the requirements in paragraphs (b)(2),
matic maintained near the transfer
(b)(3), (b)(9) and (b)(10) of this section,
point. If a transfer point is located
the safety requirements apply to all
subsea, the operator must identify the
materials of construction.
transfer point on a schematic which
must be maintained at the nearest up- (1) Identify all segments of pipeline
stream facility and provided to PHMSA meeting the criteria in paragraph (a) of
upon request. For those cases in which this section before April 3, 2009.
adjoining operators have not agreed on (2) For steel pipelines constructed,
a transfer point by September 15, 1998 replaced, relocated, or otherwise
the Regional Director and the MMS changed after July 3, 2009, design, in-
Regional Supervisor will make a joint stall, construct, initially inspect, and
determination of the transfer point. initially test the pipeline in compli-
ance with this part, unless the pipeline
[Amdt. 195–59, 62 FR 61695, Nov. 19, 1997, as is converted under § 195.5.
amended at 70 11140, Mar. 8, 2005]
(3) For non-steel pipelines con-
§ 195.10 Responsibility of operator for structed after July 3, 2009, notify the
compliance with this part. Administrator according to § 195.8.
An operator may make arrangements (4) Beginning no later than January
with another person for the perform- 3, 2009, comply with the reporting re-
ance of any action required by this quirements in subpart B of this part.
part. However, the operator is not (5) Establish the maximum operating
thereby relieved from the responsi- pressure of the pipeline according to
bility for compliance with any require- § 195.406 before transportation begins,
ment of this part. or if the pipeline exists on July 3, 2008,
before July 3, 2009.
§ 195.11 What is a regulated rural (6) Install line markers according to
gathering line and what require- § 195.410 before transportation begins,
ments apply? or if the pipeline exists on July 3, 2008,
Each operator of a regulated rural before July 3, 2009. Continue to main-
gathering line, as defined in paragraph tain line markers in compliance with
(a) of this section, must comply with § 195.410.
the safety requirements described in (7) Establish a continuing public edu-
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§ 195.12 49 CFR Ch. I (10–1–11 Edition)
carry out such program in compliance (2) An operator must maintain the
with § 195.440. records necessary to demonstrate com-
(8) Establish a damage prevention pliance with each requirement in para-
program in compliance with § 195.442 graphs (b)(2) through (b)(9), and (b)(11)
before transportation begins, or if the of this section according to the record
pipeline exists on July 3, 2008, before retention requirements of the ref-
July 3, 2009. Continue to carry out such erenced section or subpart.
program in compliance with § 195.442. [73 FR 31644, June 3, 2008]
(9) For steel pipelines, comply with
subpart H of this part, except corrosion § 195.12 What requirements apply to
control is not required for pipelines ex- low-stress pipelines in rural areas?
isting on July 3, 2008 before July 3, (a) General. This Section sets forth
2011. the requirements for each category of
(10) For steel pipelines, establish and low-stress pipeline in a rural area set
follow a comprehensive and effective forth in paragraph (b) of this Section.
program to continuously identify oper- This Section does not apply to a rural
ating conditions that could contribute low-stress pipeline regulated under this
to internal corrosion. The program Part as a low-stress pipeline that
must include measures to prevent and crosses a waterway currently used for
mitigate internal corrosion, such as commercial navigation; these pipelines
cleaning the pipeline and using inhibi- are regulated pursuant to § 195.1(a)(2).
tors. This program must be established (b) Categories. An operator of a rural
before transportation begins or if the low-stress pipeline must meet the ap-
pipeline exists on July 3, 2008, before plicable requirements and compliance
July 3, 2009. deadlines for the category of pipeline
(11) To comply with the Operator set forth in paragraph (c) of this Sec-
Qualification program requirements in tion. For purposes of this Section, a
subpart G of this part, have a written rural low-stress pipeline is a Category
description of the processes used to 1, 2, or 3 pipeline based on the following
carry out the requirements in § 195.505 criteria:
to determine the qualification of per- (1) A Category 1 rural low-stress pipe-
sons performing operations and main- line:
tenance tasks. These processes must be (i) Has a nominal diameter of 85⁄8
established before transportation be- inches (219.1 mm) or more;
gins or if the pipeline exists on July 3, (ii) Is located in or within one-half
2008, before July 3, 2009. mile (.80 km) of an unusually sensitive
(c) New unusually sensitive areas. If, area (USA) as defined in § 195.6; and
after July 3, 2008, a new unusually sen- (iii) Operates at a maximum pressure
sitive area is identified and a segment established under § 195.406 cor-
of pipeline becomes regulated as a re- responding to:
sult, except for the requirements of (A) A stress level equal to or less
paragraphs (b)(9) and (b)(10) of this sec- than 20-percent of the specified min-
tion, the operator must implement the imum yield strength of the line pipe; or
requirements in paragraphs (b)(2) (B) If the stress level is unknown or
through (b)(11) of this section for the the pipeline is not constructed with
affected segment within 6 months of steel pipe, a pressure equal to or less
identification. For steel pipelines, com- than 125 psi (861 kPa) gauge.
ply with the deadlines in paragraph (2) A Category 2 rural pipeline:
(b)(9) and (b)(10). (i) Has a nominal diameter of less
(d) Record Retention. An operator than 85⁄8 inches (219.1mm);
must maintain records demonstrating (ii) Is located in or within one-half
compliance with each requirement ac- mile (.80 km) of an unusually sensitive
cording to the following schedule. area (USA) as defined in § 195.6; and
(1) An operator must maintain the (iii) Operates at a maximum pressure
segment identification records required established under § 195.406 cor-
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556
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.12
(B) If the stress level is unknown or (i) Identify all segments of pipeline
the pipeline is not constructed with meeting the criteria in paragraph (b)(2)
steel pipe, a pressure equal to or less of this Section before July 1, 2012.
than 125 psi (861 kPa) gage. (ii) Beginning no later than January
(3) A Category 3 rural low-stress pipe- 3, 2009, comply with the reporting re-
line: quirements of Subpart B for the identi-
(i) Has a nominal diameter of any fied segments.
size and is not located in or within one- (iii) IM—
half mile (.80 km) of an unusually sen- (A) Establish a written IM program
sitive area (USA) as defined in § 195.6; that complies with § 195.452 before Oc-
and tober 1, 2012 to assure the integrity of
(ii) Operates at a maximum pressure the pipeline segments. Continue to
established under § 195.406 cor- carry out such program in compliance
responding to a stress level equal to or with § 195.452.
less than 20-percent of the specified (B) An operator may conduct a deter-
minimum yield strength of the line mination per § 195.452(a) in lieu of the
pipe; or one-half mile buffer.
(iii) If the stress level is unknown or (C) Complete the baseline assessment
the pipeline is not constructed with of all segments in accordance with
steel pipe, a pressure equal to or less § 195.452(c) before October 1, 2016 and
than 125 psi (861 kPa) gage. complete at least 50-percent of the as-
(c) Applicable requirements and dead- sessments, beginning with the highest
lines for compliance. An operator must risk pipe, before April 1, 2014.
comply with the following compliance (iv) Comply with all other safety re-
dates depending on the category of quirements of this Part, except Sub-
pipeline determined by the criteria in part H, before October 1, 2012. Comply
paragraph (b): with Subpart H of this Part before Oc-
(1) An operator of a Category 1 pipe- tober 1, 2014.
line must: (3) An operator of a Category 3 pipe-
(i) Identify all segments of pipeline line must:
meeting the criteria in paragraph (b)(1) (i) Identify all segments of pipeline
of this Section before April 3, 2009. meeting the criteria in paragraph (b)(3)
(ii) Beginning no later than January of this Section before July 1, 2012.
3, 2009, comply with the reporting re- (ii) Beginning no later than January
quirements of Subpart B for the identi- 3, 2009, comply with the reporting re-
fied segments. quirements of Subpart B for the identi-
(iii) IM requirements— fied segments.
(A) Establish a written program that (A)(iii) Comply with all safety re-
complies with § 195.452 before July 3, quirements of this Part, except the re-
2009, to assure the integrity of the pipe- quirements in § 195.452, Subpart B, and
line segments. Continue to carry out the requirements in Subpart H, before
such program in compliance with October 1, 2012. Comply with Subpart H
§ 195.452. of this Part before October 1, 2014.
(B) An operator may conduct a deter- (d) Economic compliance burden.
mination per § 195.452(a) in lieu of the (1) An operator may notify PHMSA
one-half mile buffer. in accordance with § 195.452(m) of a sit-
(C) Complete the baseline assessment uation meeting the following criteria:
of all segments in accordance with (i) The pipeline is a Category 1 rural
§ 195.452(c) before July 3, 2015, and com- low-stress pipeline;
plete at least 50-percent of the assess- (ii) The pipeline carries crude oil
ments, beginning with the highest risk from a production facility;
pipe, before January 3, 2012. (iii) The pipeline, when in operation,
(iv) Comply with all other safety re- operates at a flow rate less than or
quirements of this Part, except Sub- equal to 14,000 barrels per day; and
part H, before July 3, 2009. Comply with (iv) The operator determines it would
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557
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§ 195.48 49 CFR Ch. I (10–1–11 Edition)
(2) A notification submitted under ator determines that a release from the
this provision must include, at min- pipeline could not affect the USA.
imum, the following information about (f) Record Retention. An operator
the pipeline: its operating, mainte- must maintain records demonstrating
nance and leak history; the estimated compliance with each requirement ap-
cost to comply with the integrity as- plicable to the category of pipeline ac-
sessment requirements (with a brief de- cording to the following schedule.
scription of the basis for the estimate); (1) An operator must maintain the
the estimated amount of production segment identification records required
from affected wells per year, whether in paragraph (c)(1)(i), (c)(2)(i) or
wells will be shut in or alternate trans- (c)(3)(i) of this Section for the life of
portation used, and if alternate trans- the pipe.
portation will be used, the estimated (2) Except for the segment identifica-
cost to do so. tion records, an operator must main-
(3) When an operator notifies PHMSA tain the records necessary to dem-
in accordance with paragraph (d)(1) of onstrate compliance with each applica-
this Section, PHMSA will stay compli- ble requirement set forth in paragraph
ance with §§ 195.452(d) and 195.452(j)(3) (c) of this section according to the
until it has completed an analysis of record retention requirements of the
the notification. PHMSA will consult referenced section or subpart.
the Department of Energy, as appro- [76 FR 25587, May 5, 2011, as amended at 76
priate, to help analyze the potential FR 43605, July 21, 2011]
energy impact of loss of the pipeline.
Based on the analysis, PHMSA may Subpart B—Annual, Accident, and
grant the operator a special permit to Safety-Related Condition Re-
allow continued operation of the pipe-
line subject to alternative safety re-
porting
quirements. § 195.48 Scope.
(e) Changes in unusually sensitive
This Subpart prescribes requirements
areas.
for periodic reporting and for reporting
(1) If, after June 3, 2008, for Category
of accidents and safety-related condi-
1 rural low-stress pipelines or October
tions. This Subpart applies to all pipe-
1, 2011 for Category 2 rural low-stress
lines subject to this Part. An operator
pipelines, an operator identifies a new
of a Category 3 rural low-stress pipe-
USA that causes a segment of pipeline
line meeting the criteria in § 195.12 is
to meet the criteria in paragraph (b) of
not required to complete those parts of
this Section as a Category 1 or Cat-
the hazardous liquid annual report
egory 2 rural low-stress pipeline, the
form PHMSA F 7000–1.1 associated with
operator must:
IM or high consequence areas.
(i) Comply with the IM program re-
quirement in paragraph (c)(1)(iii)(A) or [76 FR 25588, May 5, 2011]
(c)(2)(iii)(A) of this Section, as appro-
priate, within 12 months following the § 195.49 Annual report.
date the area is identified regardless of Each operator must annually com-
the prior categorization of the pipeline; plete and submit DOT Form PHMSA F
and 7000–1.1 for each type of hazardous liq-
(ii) Complete the baseline assessment uid pipeline facility operated at the
required by paragraph (c)(1)(iii)(C) or end of the previous year. An operator
(c)(2)(iii)(C) of this Section, as appro- must submit the annual report by June
priate, according to the schedule in 15 each year, except that for the 2010
§ 195.452(d)(3). reporting year the report must be sub-
(2) If a change to the boundaries of a mitted by August 15, 2011. A separate
USA causes a Category 1 or Category 2 report is required for crude oil, HVL
pipeline segment to no longer be within (including anhydrous ammonia), petro-
one-half mile of a USA, an operator leum products, carbon dioxide pipe-
wreier-aviles on DSK3TPTVN1PROD with CFR
must continue to comply with para- lines, and fuel grade ethanol pipelines.
graph (c)(1)(iii) or paragraph (c)(2)(iii) For each state a pipeline traverses, an
of this section, as applicable, with re- operator must separately complete
spect to that segment unless the oper- those sections on the form requiring
558
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.54
559
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§ 195.55 49 CFR Ch. I (10–1–11 Edition)
discovery of the accident, file an acci- pected to pollute any stream, river,
dent report on DOT Form 7000–1. lake, reservoir, or other body of water;
(b) Whenever an operator receives (2) Is an accident that is required to
any changes in the information re- be reported under § 195.50 or results in
ported or additions to the original re- such an accident before the deadline
port on DOT Form 7000–1, it shall file a for filing the safety-related condition
supplemental report within 30 days. report; or
[Amdt. 195–39, 53 FR 24950, July 1, 1988, as (3) Is corrected by repair or replace-
amended by Amdt. 195–95, 75 FR 72907, Nov. ment in accordance with applicable
26, 2010] safety standards before the deadline for
filing the safety-related condition re-
§ 195.55 Reporting safety-related con- port, except that reports are required
ditions. for all conditions under paragraph
(a) Except as provided in paragraph (a)(1) of this section other than local-
(b) of this section, each operator shall ized corrosion pitting on an effectively
report in accordance with § 195.56 the coated and cathodically protected pipe-
existence of any of the following safe- line.
ty-related conditions involving pipe-
[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR
lines in service: 29800, Aug. 8, 1988, as amended by Amdt. 195–
(1) General corrosion that has re- 63, 63 FR 37506, July 13, 1998]
duced the wall thickness to less than
that required for the maximum oper- § 195.56 Filing safety-related condition
ating pressure, and localized corrosion reports.
pitting to a degree where leakage (a) Each report of a safety-related
might result. condition under § 195.55(a) must be filed
(2) Unintended movement or abnor-
(received by the Administrator) in
mal loading of a pipeline by environ-
writing within 5 working days (not in-
mental causes, such as an earthquake,
cluding Saturdays, Sundays, or Federal
landslide, or flood, that impairs its
holidays) after the day a representative
serviceability.
of the operator first determines that
(3) Any material defect or physical
the condition exists, but not later than
damage that impairs the serviceability
10 working days after the day a rep-
of a pipeline.
resentative of the operator discovers
(4) Any malfunction or operating
the condition. Separate conditions may
error that causes the pressure of a
be described in a single report if they
pipeline to rise above 110 percent of its
are closely related. To file a report by
maximum operating pressure.
facsimile (fax), dial (202) 366–7128.
(5) A leak in a pipeline that con-
stitutes an emergency. (b) The report must be headed ‘‘Safe-
(6) Any safety-related condition that ty-Related Condition Report’’ and pro-
could lead to an imminent hazard and vide the following information:
causes (either directly or indirectly by (1) Name and principal address of op-
remedial action of the operator), for erator.
purposes other than abandonment, a 20 (2) Date of report.
percent or more reduction in operating (3) Name, job title, and business tele-
pressure or shutdown of operation of a phone number of person submitting the
pipeline. report.
(b) A report is not required for any (4) Name, job title, and business tele-
safety-related condition that— phone number of person who deter-
(1) Exists on a pipeline that is more mined that the condition exists.
than 220 yards (200 meters) from any (5) Date condition was discovered and
building intended for human occupancy date condition was first determined to
or outdoor place of assembly, except exist.
that reports are required for conditions (6) Location of condition, with ref-
within the right-of-way of an active erence to the State (and town, city, or
wreier-aviles on DSK3TPTVN1PROD with CFR
railroad, paved road, street, or high- county) or offshore site, and as appro-
way, or that occur offshore or at on- priate nearest street address, offshore
shore locations where a loss of haz- platform, survey station number, mile-
ardous liquid could reasonably be ex- post, landmark, or name of pipeline.
560
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.58
(7) Description of the condition, in- 10, 1200 New Jersey Avenue, SE., Wash-
cluding circumstances leading to its ington, DC 20590.
discovery, any significant effects of the
[Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, as
condition on safety, and the name of amended by Amdt. 195–63, 63 FR 37506, July
the commodity transported or stored. 13, 1998; 70 FR 11140, Mar. 8, 2005; 73 FR 16570,
(8) The corrective action taken (in- Mar. 28, 2008; 74 FR 2894, Jan. 16, 2009]
cluding reduction of pressure or shut-
down) before the report is submitted § 195.58 Report submission require-
and the planned follow-up or future ments.
corrective action, including the antici- (a) General. Except as provided in
pated schedule for starting and con- paragraph (b) of this section, an oper-
cluding such action. ator must submit each report required
[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR by this part electronically to PHMSA
29800, Aug. 8, 1988, as amended by Amdt. 195– at http://opsweb.phmsa.dot.gov unless an
42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54 alternative reporting method is au-
FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR thorized in accordance with paragraph
17281, Apr. 12, 1994; Amdt. 195–61, 63 FR 7723, (d) of this section.
Feb. 17, 1998] (b) Exceptions. An operator is not re-
quired to submit a safety-related con-
§ 195.57 Filing offshore pipeline condi-
tion reports. dition report (§ 195.56) or an offshore
pipeline condition report (§ 195.67) elec-
(a) Each operator shall, within 60 tronically.
days after completion of the inspection (c) Safety-related conditions. An oper-
of all its underwater pipelines subject ator must submit concurrently to the
to § 195.413(a), report the following in- applicable State agency a safety-re-
formation: lated condition report required by
(1) Name and principal address of op- § 195.55 for an intrastate pipeline or
erator. when the State agency acts as an agent
(2) Date of report. of the Secretary with respect to inter-
(3) Name, job title, and business tele- state pipelines.
phone number of person submitting the (d) Alternate Reporting Method. If elec-
report. tronic reporting imposes an undue bur-
(4) Total number of miles (kilo- den and hardship, the operator may
meters) of pipeline inspected. submit a written request for an alter-
(5) Length and date of installation of native reporting method to the Infor-
each exposed pipeline segment, and lo- mation Resources Manager, Office of
cation; including, if available, the loca- Pipeline Safety, Pipeline and Haz-
tion according to the Minerals Manage- ardous Materials Safety Administra-
ment Service or state offshore area and tion, PHP–20, 1200 New Jersey Avenue,
block number tract. SE., Washington DC 20590. The request
(6) Length and date of installation of must describe the undue burden and
each pipeline segment, if different from hardship. PHMSA will review the re-
a pipeline segment identified under quest and may authorize, in writing, an
paragraph (a)(5) of this section, that is alternative reporting method. An au-
a hazard to navigation, and the loca- thorization will state the period for
tion; including, if available, the loca- which it is valid, which may be indefi-
tion according to the Minerals Manage- nite. An operator must contact
ment Service or state offshore area and PHMSA at 202–366–8075, or electroni-
block number tract. cally to
(b) The report shall be mailed to the ‘‘informationresourcesmanager@dot.gov’’
Office of Pipeline Safety, Pipeline and to make arrangements for submitting a
Hazardous Materials Safety Adminis- report that is due after a request for al-
ternative reporting is submitted but
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561
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§ 195.59 49 CFR Ch. I (10–1–11 Edition)
tain the location, size, date, method of tify PHMSA electronically through the
abandonment, and a certification that National Registry of Pipeline and LNG
the facility has been abandoned in ac- Operators at http://
cordance with all applicable laws. opsweb.phmsa.dot.gov, of certain events.
562
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.106
§ 195.101 Qualifying metallic compo- S=Yield strength in pounds per square inch
nents other than pipe. (kPa) determined in accordance with para-
graph (b) of this section.
Notwithstanding any requirement of t=Nominal wall thickness of the pipe in
the subpart which incorporates by ref- inches (millimeters). If this is unknown, it
563
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§ 195.106 49 CFR Ch. I (10–1–11 Edition)
is determined in accordance with para- end. However, if the pipe is of uniform
graph (c) of this section. grade, size, and thickness, only 10 indi-
D=Nominal outside diameter of the pipe in vidual lengths or 5 percent of all
inches (millimeters).
E=Seam joint factor determined in accord-
lengths, whichever is greater, need be
ance with paragraph (e) of this section. measured. The thickness of the lengths
F=A design factor of 0.72, except that a de- that are not measured must be verified
sign factor of 0.60 is used for pipe, includ- by applying a gage set to the minimum
ing risers, on a platform located offshore thickness found by the measurement.
or on a platform in inland navigable The nominal wall thickness to be used
waters, and 0.54 is used for pipe that has is the next wall thickness found in
been subjected to cold expansion to meet commercial specifications that is
the specified minimum yield strength and
is subsequently heated, other than by
below the average of all the measure-
welding or stress relieving as a part of ments taken. However, the nominal
welding, to a temperature higher than 900 wall thickness may not be more than
°F (482 °C) for any period of time or over 1.14 times the smallest measurement
600 °F (316 °C) for more than 1 hour. taken on pipe that is less than 20
(b) The yield strength to be used in inches (508 mm) nominal outside di-
determining the internal design pres- ameter, nor more than 1.11 times the
sure under paragraph (a) of this section smallest measurement taken on pipe
is the specified minimum yield that is 20 inches (508 mm) or more in
strength. If the specified minimum nominal outside diameter.
yield strength is not known, the yield (d) The minimum wall thickness of
strength to be used in the design for- the pipe may not be less than 87.5 per-
mula is one of the following: cent of the value used for nominal wall
(1)(i) The yield strength determined thickness in determining the internal
by performing all of the tensile tests of design pressure under paragraph (a) of
API Specification 5L on randomly se- this section. In addition, the antici-
lected specimens with the following pated external loads and external pres-
number of tests: sures that are concurrent with internal
pressure must be considered in accord-
Pipe size No. of tests ance with §§ 195.108 and 195.110 and,
Less than 65⁄8 in (168 mm) nomi- One test for each 200
after determining the internal design
nal outside diameter. lengths. pressure, the nominal wall thickness
65⁄8 in through 123⁄4 in (168 mm One test for each 100 must be increased as necessary to com-
through 324 mm) nominal out- lengths. pensate for these concurrent loads and
side diameter.
Larger than 123⁄4 in (324 mm) One test for each 50 pressures.
nominal outside diameter. lengths. (e) The seam joint factor used in
paragraph (a) of this section is deter-
(ii) If the average yield-tensile ratio mined in accordance with the following
exceeds 0.85, the yield strength shall be table:
taken as 24,000 p.s.i. (165,474 kPa). If the
average yield-tensile ratio is 0.85 or Seam
Specification Pipe class joint
less, the yield strength of the pipe is factor
taken as the lower of the following:
ASTM A53 .... Seamless .......................................... 1.00
(A) Eighty percent of the average Electric resistance welded ................ 1.00
yield strength determined by the ten- Furnace lap welded .......................... 0.80
sile tests. Furnace butt welded ......................... 0.60
(B) The lowest yield strength deter- ASTM A106 .. Seamless .......................................... 1.00
mined by the tensile tests. ASTM A 333/ Seamless .......................................... 1.00
A 333M.
(2) If the pipe is not tensile tested as Welded .............................................. 1.00
provided in paragraph (b) of this sec- ASTM A381 .. Double submerged arc welded ......... 1.00
tion, the yield strength shall be taken ASTM A671 .. Electric-fusion-welded ....................... 1.00
as 24,000 p.s.i. (165,474 kPa). ASTM A672 .. Electric-fusion-welded ....................... 1.00
ASTM A691 .. Electric-fusion-welded ....................... 1.00
(c) If the nominal wall thickness to API 5L ........... Seamless .......................................... 1.00
be used in determining internal design Electric resistance welded ................ 1.00
wreier-aviles on DSK3TPTVN1PROD with CFR
pressure under paragraph (a) of this Electric flash welded ......................... 1.00
section is not known, it is determined Submerged arc welded ..................... 1.00
by measuring the thickness of each Furnace lap welded .......................... 0.80
Furnace butt welded ......................... 0.60
piece of pipe at quarter points on one
564
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.116
The seam joint factor for pipe which is (c) Each length of pipe with a nomi-
not covered by this paragraph must be nal outside diameter of 4 1⁄2 in (114.3
approved by the Administrator. mm) or more must be marked on the
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
pipe or pipe coating with the specifica-
FR 32721, July 29, 1982, as amended by Amdt. tion to which it was made, the speci-
195–30, 49 FR 7569, Mar. 1, 1984; Amdt 195–37, fied minimum yield strength or grade,
51 FR 15335, Apr. 23, 1986; Amdt 195–40, 54 FR and the pipe size. The marking must be
5628, Feb. 6, 1989; 58 FR 14524, Mar. 18, 1993; applied in a manner that does not dam-
Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. age the pipe or pipe coating and must
195–52, 59 FR 33396, 33397, June 28, 1994; Amdt. remain visible until the pipe is in-
195–63, 63 FR 37506, July 13, 1998] stalled.
§ 195.108 External pressure. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–52, 59 FR 33396, June
Any external pressure that will be 28, 1994; Amdt. 195–63, 63 FR 37506, July 13,
exerted on the pipe must be provided 1998]
for in designing a pipeline system.
§ 195.114 Used pipe.
§ 195.110 External loads.
Any used pipe installed in a pipeline
(a) Anticipated external loads (e.g.), system must comply with § 195.112 (a)
earthquakes, vibration, thermal expan- and (b) and the following:
sion, and contraction must be provided (a) The pipe must be of a known spec-
for in designing a pipeline system. In ification and the seam joint factor
providing for expansion and flexibility, must be determined in accordance with
section 419 of ASME/ANSI B31.4 must § 195.106(e). If the specified minimum
be followed. yield strength or the wall thickness is
(b) The pipe and other components not known, it is determined in accord-
must be supported in such a way that ance with § 195.106 (b) or (c) as appro-
the support does not cause excess local- priate.
ized stresses. In designing attachments (b) There may not be any:
to pipe, the added stress to the wall of (1) Buckles;
the pipe must be computed and com- (2) Cracks, grooves, gouges, dents, or
pensated for. other surface defects that exceed the
maximum depth of such a defect per-
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended at 58 FR 14524, Mar. 18, 1993] mitted by the specification to which
the pipe was manufactured; or
§ 195.111 Fracture propagation. (3) Corroded areas where the remain-
ing wall thickness is less than the min-
A carbon dioxide pipeline system imum thickness required by the toler-
must be designed to mitigate the ef- ances in the specification to which the
fects of fracture propagation. pipe was manufactured.
[Amdt. 195–45, 56 FR 26926, June 12, 1991] However, pipe that does not meet the
requirements of paragraph (b)(3) of this
§ 195.112 New pipe. section may be used if the operating
Any new pipe installed in a pipeline pressure is reduced to be commensu-
system must comply with the fol- rate with the remaining wall thick-
lowing: ness.
(a) The pipe must be made of steel of [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
the carbon, low alloy-high strength, or FR 32721, July 29, 1982]
alloy type that is able to withstand the
internal pressures and external loads § 195.116 Valves.
and pressures anticipated for the pipe- Each valve installed in a pipeline
line system. system must comply with the fol-
(b) The pipe must be made in accord- lowing:
ance with a written pipe specification (a) The valve must be of a sound en-
wreier-aviles on DSK3TPTVN1PROD with CFR
565
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§ 195.118 49 CFR Ch. I (10–1–11 Edition)
spection devices.
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
FR 32721, July 29, 1982, as amended at 58 FR [Amdt. 195–50, 59 FR 17281, Apr. 12, 1994, as
14524, Mar. 18, 1993] amended by Amdt. 195–63, 63 FR 37506, July
13, 1998]
566
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.200
nal vapor space pressures that are ap- However, this subpart does not apply
proximately atmospheric must be de- to the movement of pipe covered by
signed and constructed in accordance § 195.424.
with API Specification 12F.
567
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§ 195.202 49 CFR Ch. I (10–1–11 Edition)
568
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.228
569
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§ 195.230 49 CFR Ch. I (10–1–11 Edition)
(b) The acceptability of a weld is de- and in the use of the equipment em-
termined according to the standards in ployed in the testing.
Section 9 of API 1104. However, if a (c) Procedures for the proper inter-
girth weld is unacceptable under those pretation of each weld inspection must
standards for a reason other than a be established to ensure the accept-
crack, and if Appendix A to API 1104 ability of the weld under § 195.228.
(incorporated by reference, see § 195.3) (d) During construction, at least 10
applies to the weld, the acceptability percent of the girth welds made by
of the weld may be determined under each welder during each welding day
that appendix. must be nondestructively tested over
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as the entire circumference of the weld.
amended by Amdt. 195–52, 59 FR 33397, June (e) All girth welds installed each day
28, 1994; Amdt. 195–81, 69 FR 32898, June 14, in the following locations must be non-
2004] destructively tested over their entire
circumference, except that when non-
§ 195.230 Welds: Repair or removal of destructive testing is impracticable for
defects. a girth weld, it need not be tested if
(a) Each weld that is unacceptable the number of girth welds for which
under § 195.228 must be removed or re- testing is impracticable does not ex-
paired. Except for welds on an offshore ceed 10 percent of the girth welds in-
pipeline being installed from a pipelay stalled that day:
vessel, a weld must be removed if it has (1) At any onshore location where a
a crack that is more than 8 percent of loss of hazardous liquid could reason-
the weld length. ably be expected to pollute any stream,
(b) Each weld that is repaired must river, lake, reservoir, or other body of
have the defect removed down to sound water, and any offshore area;
metal and the segment to be repaired (2) Within railroad or public road
must be preheated if conditions exist rights-of-way;
which would adversely affect the qual- (3) At overhead road crossings and
ity of the weld repair. After repair, the within tunnels;
segment of the weld that was repaired (4) Within the limits of any incor-
must be inspected to ensure its accept- porated subdivision of a State govern-
ability. ment; and
(c) Repair of a crack, or of any defect (5) Within populated areas, including,
in a previously repaired area must be but not limited to, residential subdivi-
in accordance with written weld repair sions, shopping centers, schools, des-
procedures that have been qualified ignated commercial areas, industrial
under § 195.214. Repair procedures must facilities, public institutions, and
provide that the minimum mechanical places of public assembly.
properties specified for the welding (f) When installing used pipe, 100 per-
procedure used to make the original cent of the old girth welds must be
weld are met upon completion of the nondestructively tested.
final weld repair.
(g) At pipeline tie-ins, including tie-
[Amdt. 195–29, 48 FR 48674, Oct. 20, 1983] ins of replacement sections, 100 percent
of the girth welds must be nondestruc-
§ 195.234 Welds: Nondestructive test- tively tested.
ing.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
(a) A weld may be nondestructively amended by Amdt. 195–35, 50 FR 37192, Sept.
tested by any process that will clearly 21, 1985; Amdt. 195–52, 59 FR 33397, June 28,
indicate any defects that may affect 1994]
the integrity of the weld.
(b) Any nondestructive testing of §§ 195.236–195.244 [Reserved]
welds must be performed—
(1) In accordance with a written set § 195.246 Installation of pipe in a
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570
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.252
stresses and the possibility of damage § 195.248 Cover over buried pipeline.
to the pipe.
(b) Except for pipe in the Gulf of (a) Unless specifically exempted in
Mexico and its inlets in waters less this subpart, all pipe must be buried so
than 15 feet deep, all offshore pipe in that it is below the level of cultivation.
water at least 12 feet deep (3.7 meters) Except as provided in paragraph (b) of
but not more than 200 feet deep (61 me- this section, the pipe must be installed
ters) deep as measured from the mean so that the cover between the top of
low water must be installed so that the the pipe and the ground level, road bed,
top of the pipe is below the underwater river bottom, or underwater natural
natural bottom (as determined by rec- bottom (as determined by recognized
ognized and generally accepted prac- and generally accepted practices), as
tices) unless the pipe is supported by applicable, complies with the following
stanchions held in place by anchors or table:
heavy concrete coating or protected by
an equivalent means.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–52, 59 FR 33397, June
28, 1994; 59 FR 36256, July 15, 1994; Amdt. 195–
85, 69 FR 48407, Aug. 10, 2004]
(b) Except for the Gulf of Mexico and that for drainage tile the minimum
its inlets in waters less than 15 feet (4.6 clearance may be less than 12 inches
meters) deep, less cover than the min- (305 millimeters) but not less than 2
imum required by paragraph (a) of this inches (51 millimeters). However,
section and § 195.210 may be used if— where 12 inches (305 millimeters) of
(1) It is impracticable to comply with clearance is impracticable, the clear-
the minimum cover requirements; and ance may be reduced if adequate provi-
(2) Additional protection is provided sions are made for corrosion control.
that is equivalent to the minimum re-
quired cover. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–63, 63 FR 37506, July
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 13, 1998]
FR 32721, July 29, 1982 as amended by Amdt.
195–52, 59 FR 33397, June 28, 1994; 59 FR 36256, § 195.252 Backfilling.
July 15, 1994; Amdt. 195–63, 63 FR 37506, July
13, 1998; Amdt. 195–95, 69 FR 48407, Aug. 10, When a ditch for a pipeline is
2004] backfilled, it must be backfilled in a
manner that:
§ 195.250 Clearance between pipe and
underground structures. (a) Provides firm support under the
pipe; and
Any pipe installed underground must (b) Prevents damage to the pipe and
wreier-aviles on DSK3TPTVN1PROD with CFR
have at least 12 inches (305 millime- pipe coating from equipment or from
ters) of clearance between the outside
the backfill material.
of the pipe and the extremity of any
other underground structure, except [Amdt. 195–78, 68 FR 53528, Sept. 11, 2003]
571
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§ 195.254 49 CFR Ch. I (10–1–11 Edition)
572
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.302
573
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§ 195.303 49 CFR Ch. I (10–1–11 Edition)
segment of pipeline that has been re- resistance welded pipe manufactured
placed, relocated, or otherwise changed before 1970; and
until it has been pressure tested under (B) At least 50 percent of the mileage
this subpart without leakage. (length) of all other pipelines; and
(b) Except for pipelines converted (ii) Before December 7, 2003, pressure
under § 195.5, the following pipelines test the remainder of the pipeline mile-
may be operated without pressure test- age (length).
ing under this subpart: [Amdt. 195–51, 59 FR 29384, June 7, 1994, as
(1) Any hazardous liquid pipeline amended by Amdt. 195–53, 59 FR 35471, July
whose maximum operating pressure is 12, 1994; Amdt. 195–51B, 61 FR 43027, Aug. 20,
established under § 195.406(a)(5) that 1996; Amdt. 195–58, 62 FR 54592, Oct. 21, 1997;
is— Amdt. 195–63, 63 FR 37506, July 13, 1998;
(i) An interstate pipeline constructed Amdt. 195–65, 63 FR 59479, Nov. 4, 1998]
before January 8, 1971;
(ii) An interstate offshore gathering § 195.303 Risk-based alternative to
pressure testing older hazardous
line constructed before August 1, 1977; liquid and carbon dioxide pipelines.
(iii) An intrastate pipeline con-
structed before October 21, 1985; or (a) An operator may elect to follow a
(iv) A low-stress pipeline constructed program for testing a pipeline on risk-
before August 11, 1994 that transports based criteria as an alternative to the
HVL. pressure testing in § 195.302(b)(1)(i)–(iii)
(2) Any carbon dioxide pipeline con- and § 195.302(b)(2)(i) of this subpart. Ap-
structed before July 12, 1991, that— pendix B provides guidance on how this
(i) Has its maximum operating pres- program will work. An operator elect-
sure established under § 195.406(a)(5); or ing such a program shall assign a risk
(ii) Is located in a rural area as part classification to each pipeline segment
of a production field distribution sys- according to the indicators described in
tem. paragraph (b) of this section as follows:
(3) Any low-stress pipeline con- (1) Risk Classification A if the loca-
structed before August 11, 1994 that tion indicator is ranked as low or me-
does not transport HVL. dium risk, the product and volume in-
(4) Those portions of older hazardous dicators are ranked as low risk, and
liquid and carbon dioxide pipelines for the probability of failure indicator is
which an operator has elected the risk- ranked as low risk;
based alternative under § 195.303 and (2) Risk Classification C if the loca-
which are not required to be tested tion indicator is ranked as high risk; or
based on the risk-based criteria. (3) Risk Classification B.
(c) Except for pipelines that trans- (b) An operator shall evaluate each
port HVL onshore, low-stress pipelines, pipeline segment in the program ac-
and pipelines covered under § 195.303, cording to the following indicators of
the following compliance deadlines risk:
apply to pipelines under paragraphs (1) The location indicator is—
(b)(1) and (b)(2)(i) of this section that (i) High risk if an area is non-rural or
have not been pressure tested under environmentally sensitive 1; or
this subpart: (ii) Medium risk; or
(1) Before December 7, 1998, for each (iii) Low risk if an area is not high or
pipeline each operator shall— medium risk.
(i) Plan and schedule testing accord- (2) The product indicator is 1
ing to this paragraph; or (i) High risk if the product trans-
(ii) Establish the pipeline’s maximum ported is highly toxic or is both highly
operating pressure under § 195.406(a)(5). volatile and flammable;
(2) For pipelines scheduled for test- (ii) Medium risk if the product trans-
ing, each operator shall— ported is flammable with a flashpoint
(i) Before December 7, 2000, pressure of less than 100 °F, but not highly vola-
test— tile; or
wreier-aviles on DSK3TPTVN1PROD with CFR
(A) Each pipeline identified by name, (iii) Low risk if the product trans-
symbol, or otherwise that existing ported is not high or medium risk.
records show contains more than 50
percent by mileage (length) of electric 1 (See Appendix B, Table C).
574
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.304
(3) The volume indicator is— (e) Pressure testing done under this
(i) High risk if the line is at least 18 section must be conducted in accord-
inches in nominal diameter; ance with this subpart. Except for seg-
(ii) Medium risk if the line is at least ments in Risk Classification B which
10 inches, but less than 18 inches, in are not constructed with pre-1970 ERW
nominal diameter; or pipe, water must be the test medium.
(iii) Low risk if the line is not high or (f) An operator electing to follow a
medium risk. program under paragraph (a) must de-
(4) The probability of failure indi- velop plans that include the method of
cator is— testing and a schedule for the testing
(i) High risk if the segment has expe- by December 7, 1998. The compliance
rienced more than three failures in the deadlines for completion of testing are
last 10 years due to time-dependent de- as shown in the table below:
fects (e.g., corrosion, gouges, or prob-
lems developed during manufacture, § 195.303—TEST DEADLINES
construction or operation, etc.); or Pipeline Segment Risk classification Test deadline
(ii) Low risk if the segment has expe-
Pre-1970 Pipe sus- C or B ................... 12/7/2000
rienced three failures or less in the last ceptible to longi- A ........................... 12/7/2002
10 years due to time-dependent defects. tudinal seam fail-
(c) The program under paragraph (a) ures [defined in
of this section shall provide for pres- § 195.303(c) &
(d)].
sure testing for a segment constructed All Other Pipeline C ........................... 12/7/2002
of electric resistance-welded (ERW) Segments. B ........................... 12/7//2004
pipe and lapwelded pipe manufactured A ........................... Additional testing
not required
prior to 1970 susceptible to longitudinal
seam failures as determined through
(g) An operator must review the risk
paragraph (d) of this section. The tim-
classifications for those pipeline seg-
ing of such pressure test may be deter-
ments which have not yet been tested
mined based on risk classifications dis-
under paragraph (a) of this section or
cussed under paragraph (b) of this sec-
otherwise inspected under paragraph
tion. For other segments, the program
(c) of this section at intervals not to
may provide for use of a magnetic flux
exceed 15 months. If the risk classifica-
leakage or ultrasonic internal inspec-
tion of an untested or uninspected seg-
tion survey as an alternative to pres-
ment changes, an operator must take
sure testing and, in the case of such
appropriate action within two years, or
segments in Risk Classification A, may
establish the maximum operating pres-
provide for no additional measures
sure under § 195.406(a)(5).
under this subpart.
(h) An operator must maintain
(d) All pre-1970 ERW pipe and
records establishing compliance with
lapwelded pipe is deemed susceptible to
this section, including records
longitudinal seam failures unless an
verifying the risk classifications, the
engineering analysis shows otherwise.
plans and schedule for testing, the con-
In conducting an engineering analysis
duct of the testing, and the review of
an operator must consider the seam-re-
the risk classifications.
lated leak history of the pipe and pipe
(i) An operator may discontinue a
manufacturing information as avail-
program under this section only after
able, which may include the pipe
written notification to the Adminis-
steel’s mechanical properties, includ-
trator and approval, if needed, of a
ing fracture toughness; the manufac-
schedule for pressure testing.
turing process and controls related to
seam properties, including whether the [Amdt. 195–65, 63 FR 59480, Nov. 4, 1998]
ERW process was high-frequency or
low-frequency, whether the weld seam § 195.304 Test pressure.
was heat treated, whether the seam The test pressure for each pressure
was inspected, the test pressure and test conducted under this subpart must
wreier-aviles on DSK3TPTVN1PROD with CFR
575
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§ 195.305 49 CFR Ch. I (10–1–11 Edition)
operating pressure and, in the case of a (c) Carbon dioxide pipelines may use
pipeline that is not visually inspected inert gas or carbon dioxide as the test
for leakage during the test, for at least medium if—
an additional 4 continuous hours at a (1) The entire pipeline section under
pressure equal to 110 percent, or more, test is outside of cities and other popu-
of the maximum operating pressure. lated areas;
(2) Each building within 300 feet (91
[Amdt. 195–51, 59 FR 29384, June 7, 1994. Re-
designated by Amdt. 195–65, 63 FR 59480, Nov. meters) of the test section is unoccu-
4, 1998] pied while the test pressure is equal to
or greater than a pressure that pro-
§ 195.305 Testing of components. duces a hoop stress of 50 percent of
(a) Each pressure test under § 195.302 specified minimum yield strength;
must test all pipe and attached fit- (3) The maximum hoop stress during
tings, including components, unless the test does not exceed 80 percent of
otherwise permitted by paragraph (b) specified minimum yield strength;
of this section. (4) Continuous communication is
maintained along entire test section;
(b) A component, other than pipe,
and
that is the only item being replaced or
(5) The pipe involved is new pipe hav-
added to the pipeline system need not
ing a longitudinal joint factor of 1.00.
be hydrostatically tested under para-
graph (a) of this section if the manu- (d) Air or inert gas may be used as
facturer certifies that either— the test medium in low-stress pipe-
lines.
(1) The component was
hydrostatically tested at the factory; [Amdt. 195–22, 46 FR 38360, July 27, 1991, as
or amended by Amdt. 195–45, 56 FR 26926, June
(2) The component was manufactured 12, 1991; Amdt. 195–51, 59 FR 29385, June 7,
1994; Amdt. 195–53, 59 FR 35471, July 12, 1994;
under a quality control system that en-
Amdt. 195–51A, 59 FR 41260, Aug. 11, 1994;
sures each component is at least equal Amdt. 195–63, 63 FR 37506, July 13, 1998]
in strength to a prototype that was
hydrostatically tested at the factory. § 195.307 Pressure testing above-
ground breakout tanks.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–51, 59 FR 29385, June (a) For aboveground breakout tanks
7, 1994; Amdt. 195–52, 59 FR 33397, June 28, built into API Specification 12F and
1994. Redesignated by Amdt. 195–65, 63 FR first placed in service after October 2,
59480, Nov. 4, 1998] 2000, pneumatic testing must be in ac-
cordance with section 5.3 of API Speci-
§ 195.306 Test medium.
fication 12 F (incorporated by ref-
(a) Except as provided in paragraphs erence, see § 195.3).
(b), (c), and (d) of this section, water (b) For aboveground breakout tanks
must be used as the test medium. built to API Standard 620 and first
(b) Except for offshore pipelines, liq- placed in service after October 2, 2000,
uid petroleum that does not vaporize hydrostatic and pneumatic testing
rapidly may be used as the test me- must be in accordance with section 7.18
dium if— of API Standard 620 (incorporated by
(1) The entire pipeline section under reference, see § 195.3).
test is outside of cities and other popu- (c) For aboveground breakout tanks
lated areas; built to API Standard 650 (incorporated
(2) Each building within 300 feet (91 by reference, see § 195.3) and first placed
meters) of the test section is unoccu- in service after October 2, 2000, testing
pied while the test pressure is equal to must be in accordance with Section 5.2
or greater than a pressure which pro- of API Standard 650 (incorporated by
duces a hoop stress of 50 percent of reference, see § 195.3).
specified minimum yield strength; (d) For aboveground atmospheric
(3) The test section is kept under sur- pressure breakout tanks constructed of
wreier-aviles on DSK3TPTVN1PROD with CFR
veillance by regular patrols during the carbon and low alloy steel, welded or
test; and riveted, and non-refrigerated and tanks
(4) Continuous communication is built to API Standard 650 or its prede-
maintained along entire test section. cessor Standard 12C that are returned
576
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.401
577
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§ 195.402 49 CFR Ch. I (10–1–11 Edition)
this part in a timely and effective man- (11) Minimizing the likelihood of ac-
ner. cidental ignition of vapors in areas
(3) Operating, maintaining, and re- near facilities identified under para-
pairing the pipeline system in accord- graph (c)(4) of this section where the
578
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.402
potential exists for the presence of (5) Periodically reviewing the re-
flammable liquids or gases. sponse of operator personnel to deter-
(12) Establishing and maintaining li- mine the effectiveness of the proce-
aison with fire, police, and other appro- dures controlling abnormal operation
priate public officials to learn the re- and taking corrective action where de-
sponsibility and resources of each gov- ficiencies are found.
ernment organization that may re- (e) Emergencies. The manual required
spond to a hazardous liquid or carbon by paragraph (a) of this section must
dioxide pipeline emergency and ac- include procedures for the following to
quaint the officials with the operator’s provide safety when an emergency con-
ability in responding to a hazardous dition occurs:
liquid or carbon dioxide pipeline emer- (1) Receiving, identifying, and
gency and means of communication. classifying notices of events which
(13) Periodically reviewing the work need immediate response by the oper-
done by operator personnel to deter- ator or notice to fire, police, or other
mine the effectiveness of the proce- appropriate public officials and com-
dures used in normal operation and municating this information to appro-
maintenance and taking corrective ac- priate operator personnel for correc-
tion where deficiencies are found. tive action.
(14) Taking adequate precautions in (2) Prompt and effective response to a
excavated trenches to protect per-
notice of each type emergency, includ-
sonnel from the hazards of unsafe accu-
ing fire or explosion occurring near or
mulations of vapor or gas, and making
directly involving a pipeline facility,
available when needed at the exca-
accidental release of hazardous liquid
vation, emergency rescue equipment,
or carbon dioxide from a pipeline facil-
including a breathing apparatus and, a
ity, operational failure causing a haz-
rescue harness and line.
ardous condition, and natural disaster
(15) Implementing the applicable con-
affecting pipeline facilities.
trol room management procedures re-
quired by § 195.446. (3) Having personnel, equipment, in-
(d) Abnormal operation. The manual struments, tools, and material avail-
required by paragraph (a) of this sec- able as needed at the scene of an emer-
tion must include procedures for the gency.
following to provide safety when oper- (4) Taking necessary action, such as
ating design limits have been exceeded: emergency shutdown or pressure reduc-
(1) Responding to, investigating, and tion, to minimize the volume of haz-
correcting the cause of: ardous liquid or carbon dioxide that is
(i) Unintended closure of valves or released from any section of a pipeline
shutdowns; system in the event of a failure.
(ii) Increase or decrease in pressure (5) Control of released hazardous liq-
or flow rate outside normal operating uid or carbon dioxide at an accident
limits; scene to minimize the hazards, includ-
(iii) Loss of communications; ing possible intentional ignition in the
(iv) Operation of any safety device; cases of flammable highly volatile liq-
(v) Any other malfunction of a com- uid.
ponent, deviation from normal oper- (6) Minimization of public exposure
ation, or personnel error which could to injury and probability of accidental
cause a hazard to persons or property. ignition by assisting with evacuation
(2) Checking variations from normal of residents and assisting with halting
operation after abnormal operation has traffic on roads and railroads in the af-
ended at sufficient critical locations in fected area, or taking other appro-
the system to determine continued in- priate action.
tegrity and safe operation. (7) Notifying fire, police, and other
(3) Correcting variations from normal appropriate public officials of haz-
operation of pressure and flow equip- ardous liquid or carbon dioxide pipeline
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§ 195.403 49 CFR Ch. I (10–1–11 Edition)
or carbon dioxide spills, and take ap- nominal wall thickness of all pipe.
propriate corrective action; (b) Each operator shall maintain for
(4) Take steps necessary to control at least 3 years daily operating records
any accidental release of hazardous liq- that indicate—
580
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.406
(1) The discharge pressure at each for inclusion in the procedure manual
pump station; and (§ 195.402(c)).
(2) Any emergency or abnormal oper- [Amdt. 195–66, 64 FR 15936, Apr. 2, 1999]
ation to which the procedures under
§ 195.402 apply. § 195.406 Maximum operating pres-
(c) Each operator shall maintain the sure.
following records for the periods speci- (a) Except for surge pressures and
fied: other variations from normal oper-
(1) The date, location, and descrip- ations, no operator may operate a pipe-
tion of each repair made to pipe shall line at a pressure that exceeds any of
be maintained for the useful life of the the following:
pipe. (1) The internal design pressure of
(2) The date, location, and descrip- the pipe determined in accordance with
tion of each repair made to parts of the § 195.106. However, for steel pipe in pipe-
pipeline system other than pipe shall lines being converted under § 195.5, if
be maintained for at least 1 year. one or more factors of the design for-
(3) A record of each inspection and mula (§ 195.106) are unknown, one of the
test required by this subpart shall be following pressures is to be used as de-
maintained for at least 2 years or until sign pressure:
the next inspection or test is per- (i) Eighty percent of the first test
formed, whichever is longer. pressure that produces yield under sec-
tion N5.0 of appendix N of ASME B31.8,
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as reduced by the appropriate factors in
amended by Amdt. 195–34, 50 FR 34474, Aug.
§§ 195.106 (a) and (e); or
26, 1985; Amdt. 195–173, 66 FR 67004, Dec. 27,
2001] (ii) If the pipe is 12 3⁄4 inch (324 mm)
or less outside diameter and is not
§ 195.405 Protection against ignitions tested to yield under this paragraph,
and safe access/egress involving 200 p.s.i. (1379 kPa) gage.
floating roofs. (2) The design pressure of any other
(a) After October 2, 2000, protection component of the pipeline.
provided against ignitions arising out (3) Eighty percent of the test pres-
of static electricity, lightning, and sure for any part of the pipeline which
stray currents during operation and has been pressure tested under subpart
E of this part.
maintenance activities involving
aboveground breakout tanks must be (4) Eighty percent of the factory test
pressure or of the prototype test pres-
in accordance with API Recommended
sure for any individually installed
Practice 2003, unless the operator notes
component which is excepted from
in the procedural manual (§ 195.402(c))
testing under § 195.305.
why compliance with all or certain pro-
(5) For pipelines under §§ 195.302(b)(1)
visions of API Recommended Practice
and (b)(2)(i) that have not been pres-
2003 is not necessary for the safety of a
sure tested under subpart E of this
particular breakout tank. part, 80 percent of the test pressure or
(b) The hazards associated with ac- highest operating pressure to which
cess/egress onto floating roofs of in- the pipeline was subjected for 4 or more
service aboveground breakout tanks to continuous hours that can be dem-
perform inspection, service, mainte- onstrated by recording charts or logs
nance or repair activities (other than made at the time the test or operations
specified general considerations, speci- were conducted.
fied routine tasks or entering tanks re- (b) No operator may permit the pres-
moved from service for cleaning) are sure in a pipeline during surges or
addressed in API Publication 2026. other variations from normal oper-
wreier-aviles on DSK3TPTVN1PROD with CFR
After October 2, 2000, the operator must ations to exceed 110 percent of the op-
review and consider the potentially erating pressure limit established
hazardous conditions, safety practices under paragraph (a) of this section.
and procedures in API Publication 2026 Each operator must provide adequate
581
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§ 195.408 49 CFR Ch. I (10–1–11 Edition)
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.424
583
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§ 195.426 49 CFR Ch. I (10–1–11 Edition)
but not less than 50 p.s.i. (345 kPa) gage October 2, 2000, must have an overfill
above the vapor pressure of the com- protection system installed according
modity. to section 5.1.2 of API Standard 2510.
(c) No operator may move any pipe- Other aboveground breakout tanks
line containing highly volatile liquids with 600 gallons (2271 liters) or more of
where materials in the line section in- storage capacity that are constructed
volved are not joined by welding un- or significantly altered after October 2,
less— 2000, must have an overfill protection
(1) The operator complies with para- system installed according to API Rec-
graphs (b) (1) and (2) of this section; ommended Practice 2350. However, op-
and erators need not comply with any part
(2) That line section is isolated to of API Recommended Practice 2350 for
prevent the flow of highly volatile liq- a particular breakout tank if the oper-
uid. ator notes in the manual required by
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 46 § 195.402 why compliance with that part
FR 38922, July 30, 1981, as amended by Amdt. is not necessary for safety of the tank.
195–63, 63 FR 37506, July 13, 1998] (d) After October 2, 2000, the require-
ments of paragraphs (a) and (b) of this
§ 195.426 Scraper and sphere facilities. section for inspection and testing of
No operator may use a launcher or pressure control equipment apply to
receiver that is not equipped with a re- the inspection and testing of overfill
lief device capable of safely relieving protection systems.
pressure in the barrel before insertion [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
or removal of scrapers or spheres. The amended by Amdt. 195–24, 47 FR 46852, Oct.
operator must use a suitable device to 21, 1982; Amdt. 195–66, 64 FR 15936, Apr. 2,
indicate that pressure has been re- 1999]
lieved in the barrel or must provide a
means to prevent insertion or removal § 195.430 Firefighting equipment.
of scrapers or spheres if pressure has Each operator shall maintain ade-
not been relieved in the barrel. quate firefighting equipment at each
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 pump station and breakout tank area.
FR 32721, July 29, 1982] The equipment must be—
(a) In proper operating condition at
§ 195.428 Overpressure safety devices all times;
and overfill protection systems. (b) Plainly marked so that its iden-
(a) Except as provided in paragraph tity as firefighting equipment is clear;
(b) of this section, each operator shall, and
at intervals not exceeding 15 months, (c) Located so that it is easily acces-
but at least once each calendar year, or sible during a fire.
in the case of pipelines used to carry
highly volatile liquids, at intervals not § 195.432 Inspection of in-service
to exceed 71⁄2 months, but at least twice breakout tanks.
each calendar year, inspect and test (a) Except for breakout tanks in-
each pressure limiting device, relief spected under paragraphs (b) and (c) of
valve, pressure regulator, or other item this section, each operator shall, at in-
of pressure control equipment to deter- tervals not exceeding 15 months, but at
mine that it is functioning properly, is least once each calendar year, inspect
in good mechanical condition, and is each in-service breakout tank.
adequate from the standpoint of capac- (b) Each operator must inspect the
ity and reliability of operation for the physical integrity of in-service atmos-
service in which it is used. pheric and low-pressure steel above-
(b) In the case of relief valves on ground breakout tanks according to
pressure breakout tanks containing API Standard 653 (incorporated by ref-
highly volatile liquids, each operator erence, see § 195.3). However, if struc-
shall test each valve at intervals not tural conditions prevent access to the
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.442
(c) Each operator shall inspect the compliance with all or certain provi-
physical integrity of in-service steel sions of the recommended practice is
aboveground breakout tanks built to not practicable and not necessary for
API Standard 2510 according to section safety.
6 of API 510. (d) The operator’s program must spe-
(d) The intervals of inspection speci- cifically include provisions to educate
fied by documents referenced in para- the public, appropriate government or-
graphs (b) and (c) of this section begin ganizations, and persons engaged in ex-
on May 3, 1999, or on the operator’s last cavation related activities on:
recorded date of the inspection, which- (1) Use of a one-call notification sys-
ever is earlier. tem prior to excavation and other dam-
age prevention activities;
[Amdt. 195–66, 64 FR 15936, Apr. 2, 1999, as
(2) Possible hazards associated with
amended by 195–94, 75 FR 48607, Aug. 11, 2010]
unintended releases from a hazardous
§ 195.434 Signs. liquid or carbon dioxide pipeline facil-
ity;
Each operator must maintain signs (3) Physical indications that such a
visible to the public around each pump- release may have occurred;
ing station and breakout tank area. (4) Steps that should be taken for
Each sign must contain the name of public safety in the event of a haz-
the operator and a telephone number ardous liquid or carbon dioxide pipeline
(including area code) where the oper- release; and
ator can be reached at all times. (5) Procedures to report such an
[Amdt. 195–78, 68 FR 53528, Sept. 11, 2003] event.
(e) The program must include activi-
§ 195.436 Security of facilities. ties to advise affected municipalities,
Each operator shall provide protec- school districts, businesses, and resi-
tion for each pumping station and dents of pipeline facility locations.
breakout tank area and other exposed (f) The program and the media used
facility (such as scraper traps) from must be as comprehensive as necessary
vandalism and unauthorized entry. to reach all areas in which the operator
transports hazardous liquid or carbon
§ 195.438 Smoking or open flames. dioxide.
Each operator shall prohibit smoking (g) The program must be conducted
and open flames in each pump station in English and in other languages com-
area and each breakout tank area monly understood by a significant
where there is a possibility of the leak- number and concentration of the non-
age of a flammable hazardous liquid or English speaking population in the op-
of the presence of flammable vapors. erator’s area.
(h) Operators in existence on June 20,
§ 195.440 Public awareness. 2005, must have completed their writ-
ten programs no later than June 20,
(a) Each pipeline operator must de-
2006. Upon request, operators must sub-
velop and implement a written con-
mit their completed programs to
tinuing public education program that
PHMSA or, in the case of an intrastate
follows the guidance provided in the
pipeline facility operator, the appro-
American Petroleum Institute’s (API)
priate State agency.
Recommended Practice (RP) 1162 (in-
(i) The operator’s program docu-
corporated by reference, see § 195.3).
mentation and evaluation results must
(b) The operator’s program must fol-
be available for periodic review by ap-
low the general program recommenda-
propriate regulatory agencies.
tions of API RP 1162 and assess the
unique attributes and characteristics [Amdt. 195–84, 70 FR 28843, May 19, 2005]
of the operator’s pipeline and facilities.
(c) The operator must follow the gen- § 195.442 Damage prevention program.
eral program recommendations, includ- (a) Except as provided in paragraph
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ing baseline and supplemental require- (d) of this section, each operator of a
ments of API RP 1162, unless the oper- buried pipeline must carry out, in ac-
ator provides justification in its pro- cordance with this section, a written
gram or procedural manual as to why program to prevent damage to that
585
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§ 195.444 49 CFR Ch. I (10–1–11 Edition)
586
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.446
room who monitors and controls all or trollers to carry out the roles and re-
part of a pipeline facility through a sponsibilities the operator has defined
SCADA system. Each operator must by performing each of the following:
have and follow written control room (1) Implement API RP 1165 (incor-
management procedures that imple- porated by reference, see § 195.3) when-
ment the requirements of this section. ever a SCADA system is added, ex-
The procedures required by this section panded or replaced, unless the operator
must be integrated, as appropriate, demonstrates that certain provisions of
with the operator’s written procedures API RP 1165 are not practical for the
required by § 195.402. An operator must SCADA system used;
develop the procedures no later than (2) Conduct a point-to-point
August 1, 2011, and must implement the verification between SCADA displays
procedures according to the following and related field equipment when field
schedule. The procedures required by equipment is added or moved and when
paragraphs (b), (c)(5), (d)(2) and (d)(3), other changes that affect pipeline safe-
(f) and (g) of this section must be im- ty are made to field equipment or
plemented no later than October 1, SCADA displays;
2011. The procedures required by para- (3) Test and verify an internal com-
graphs (c)(1) through (4), (d)(1), (d)(4), munication plan to provide adequate
and (e) must be implemented no later means for manual operation of the
than August 1, 2012. The training proce- pipeline safely, at least once each cal-
dures required by paragraph (h) must endar year, but at intervals not to ex-
be implemented no later than August 1, ceed 15 months;
2012, except that any training required (4) Test any backup SCADA systems
by another paragraph of this section at least once each calendar year, but at
must be implemented no later than the intervals not to exceed 15 months; and
deadline for that paragraph.
(5) Implement section 5 of API RP
(b) Roles and responsibilities. Each op-
1168 (incorporated by reference, see
erator must define the roles and re-
§ 195.3) to establish procedures for when
sponsibilities of a controller during
a different controller assumes responsi-
normal, abnormal, and emergency op-
bility, including the content of infor-
erating conditions. To provide for a
mation to be exchanged.
controller’s prompt and appropriate re-
sponse to operating conditions, an op- (d) Fatigue mitigation. Each operator
erator must define each of the fol- must implement the following methods
lowing: to reduce the risk associated with con-
(1) A controller’s authority and re- troller fatigue that could inhibit a con-
troller’s ability to carry out the roles
sponsibility to make decisions and
and responsibilities the operator has
take actions during normal operations;
defined:
(2) A controller’s role when an abnor-
mal operating condition is detected, (1) Establish shift lengths and sched-
even if the controller is not the first to ule rotations that provide controllers
detect the condition, including the con- off-duty time sufficient to achieve
troller’s responsibility to take specific eight hours of continuous sleep;
actions and to communicate with oth- (2) Educate controllers and super-
ers; visors in fatigue mitigation strategies
(3) A controller’s role during an and how off-duty activities contribute
emergency, even if the controller is not to fatigue;
the first to detect the emergency, in- (3) Train controllers and supervisors
cluding the controller’s responsibility to recognize the effects of fatigue; and
to take specific actions and to commu- (4) Establish a maximum limit on
nicate with others; and controller hours-of-service, which may
(4) A method of recording controller provide for an emergency deviation
shift-changes and any hand-over of re- from the maximum limit if necessary
sponsibility between controllers. for the safe operation of a pipeline fa-
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§ 195.446 49 CFR Ch. I (10–1–11 Edition)
provide for effective controller re- (g) Operating experience. Each oper-
sponse to alarms. An operator’s plan ator must assure that lessons learned
must include provisions to: from its operating experience are in-
(1) Review SCADA safety-related corporated, as appropriate, into its
alarm operations using a process that control room management procedures
ensures alarms are accurate and sup- by performing each of the following:
port safe pipeline operations; (1) Review accidents that must be re-
(2) Identify at least once each cal- ported pursuant to § 195.50 and 195.52 to
endar month points affecting safety determine if control room actions con-
that have been taken off scan in the tributed to the event and, if so, cor-
SCADA host, have had alarms inhib- rect, where necessary, deficiencies re-
ited, generated false alarms, or that lated to:
have had forced or manual values for (i) Controller fatigue;
periods of time exceeding that required (ii) Field equipment;
for associated maintenance or oper- (iii) The operation of any relief de-
ating activities; vice;
(3) Verify the correct safety-related (iv) Procedures;
alarm set-point values and alarm de- (v) SCADA system configuration; and
scriptions when associated field instru- (vi) SCADA system performance.
ments are calibrated or changed and at (2) Include lessons learned from the
least once each calendar year, but at operator’s experience in the training
intervals not to exceed 15 months; program required by this section.
(4) Review the alarm management (h) Training. Each operator must es-
plan required by this paragraph at tablish a controller training program
least once each calendar year, but at and review the training program con-
intervals not exceeding 15 months, to tent to identify potential improve-
determine the effectiveness of the plan; ments at least once each calendar year,
(5) Monitor the content and volume but at intervals not to exceed 15
of general activity being directed to months. An operator’s program must
and required of each controller at least provide for training each controller to
once each calendar year, but at inter- carry out the roles and responsibilities
vals not exceeding 15 months, that will defined by the operator. In addition,
assure controllers have sufficient time the training program must include the
to analyze and react to incoming following elements:
alarms; and (1) Responding to abnormal operating
(6) Address deficiencies identified conditions likely to occur simulta-
through the implementation of para- neously or in sequence;
graphs (e)(1) through (e)(5) of this sec- (2) Use of a computerized simulator
tion. or non-computerized (tabletop) method
(f) Change management. Each operator for training controllers to recognize
must assure that changes that could abnormal operating conditions;
affect control room operations are co- (3) Training controllers on their re-
ordinated with the control room per- sponsibilities for communication under
sonnel by performing each of the fol- the operator’s emergency response pro-
lowing: cedures;
(1) Implement section 7 of API RP (4) Training that will provide a con-
1168 (incorporated by reference, see troller a working knowledge of the
§ 195.3) for control room management pipeline system, especially during the
change and require coordination be- development of abnormal operating
tween control room representatives, conditions; and
operator’s management, and associated (5) For pipeline operating setups that
field personnel when planning and im- are periodically, but infrequently used,
plementing physical changes to pipe- providing an opportunity for control-
line equipment or configuration; and lers to review relevant procedures in
(2) Require its field personnel to con- advance of their application.
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tact the control room when emergency (i) Compliance validation. Upon re-
conditions exist and when making field quest, operators must submit their pro-
changes that affect control room oper- cedures to PHMSA or, in the case of an
ations. intrastate pipeline facility regulated
588
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.452
589
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§ 195.452 49 CFR Ch. I (10–1–11 Edition)
(2) Prior assessment. To satisfy the re- operator must reassess the line pipe ac-
quirements of paragraph (c)(1)(i) of this cording to paragraph (j)(3) of this sec-
section for pipelines in the first col- tion. The table follows:
umn of the following table, operators Pipeline Date
may use integrity assessments con-
ducted after the date in the second col- Category 1 ............................. January 1, 1996.
Category 2 ............................. February 15, 1997.
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.452
this section), or from Census Bureau (2) Appendix C of this part provides
maps, that the population density further guidance on risk factors.
around a pipeline segment has changed (f) What are the elements of an integrity
so as to fall within the definition in management program? An integrity
§ 195.450 of a high population area or management program begins with the
other populated area, the operator initial framework. An operator must
must incorporate the area into its continually change the program to re-
baseline assessment plan as a high con- flect operating experience, conclusions
sequence area within one year from the drawn from results of the integrity as-
date the area is identified. An operator sessments, and other maintenance and
must complete the baseline assessment
surveillance data, and evaluation of
of any line pipe that could affect the
consequences of a failure on the high
newly-identified high consequence area
within five years from the date the consequence area. An operator must in-
area is identified. clude, at minimum, each of the fol-
(ii) An operator must incorporate a lowing elements in its written integ-
new unusually sensitive area into its rity management program:
baseline assessment plan within one (1) A process for identifying which
year from the date the area is identi- pipeline segments could affect a high
fied. An operator must complete the consequence area;
baseline assessment of any line pipe (2) A baseline assessment plan meet-
that could affect the newly-identified ing the requirements of paragraph (c)
high consequence area within five of this section;
years from the date the area is identi- (3) An analysis that integrates all
fied. available information about the integ-
(e) What are the risk factors for estab- rity of the entire pipeline and the con-
lishing an assessment schedule (for both sequences of a failure (see paragraph
the baseline and continual integrity as- (g) of this section);
sessments)? (1) An operator must estab- (4) Criteria for remedial actions to
lish an integrity assessment schedule address integrity issues raised by the
that prioritizes pipeline segments for assessment methods and information
assessment (see paragraphs (d)(1) and analysis (see paragraph (h) of this sec-
(j)(3) of this section). An operator must tion);
base the assessment schedule on all
(5) A continual process of assessment
risk factors that reflect the risk condi-
and evaluation to maintain a pipeline’s
tions on the pipeline segment. The fac-
tors an operator must consider include, integrity (see paragraph (j) of this sec-
but are not limited to: tion);
(i) Results of the previous integrity (6) Identification of preventive and
assessment, defect type and size that mitigative measures to protect the
the assessment method can detect, and high consequence area (see paragraph
defect growth rate; (i) of this section);
(ii) Pipe size, material, manufac- (7) Methods to measure the program’s
turing information, coating type and effectiveness (see paragraph (k) of this
condition, and seam type; section);
(iii) Leak history, repair history and (8) A process for review of integrity
cathodic protection history; assessment results and information
(iv) Product transported; analysis by a person qualified to evalu-
(v) Operating stress level; ate the results and information (see
(vi) Existing or projected activities paragraph (h)(2) of this section).
in the area; (g) What is an information analysis? In
(vii) Local environmental factors periodically evaluating the integrity of
that could affect the pipeline (e.g., each pipeline segment (paragraph (j) of
corrosivity of soil, subsidence, cli- this section), an operator must analyze
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§ 195.452 49 CFR Ch. I (10–1–11 Edition)
(1) Information critical to deter- must promptly, but no later than 180
mining the potential for, and pre- days after an integrity assessment, ob-
venting, damage due to excavation, in- tain sufficient information about a
cluding current and planned damage condition to make that determination,
prevention activities, and development unless the operator can demonstrate
or planned development along the pipe- that the 180-day period is impracti-
line segment; cable.
(2) Data gathered through the integ- (3) Schedule for evaluation and remedi-
rity assessment required under this ation. An operator must complete re-
section; mediation of a condition according to a
(3) Data gathered in conjunction with schedule prioritizing the conditions for
other inspections, tests, surveillance evaluation and remediation. If an oper-
and patrols required by this Part, in-
ator cannot meet the schedule for any
cluding, corrosion control monitoring
condition, the operator must explain
and cathodic protection surveys; and
the reasons why it cannot meet the
(4) Information about how a failure
schedule and how the changed schedule
would affect the high consequence
area, such as location of the water in- will not jeopardize public safety or en-
take. vironmental protection.
(h) What actions must an operator take (4) Special requirements for scheduling
to address integrity issues?—(1) General remediation—(i) Immediate repair condi-
requirements. An operator must take tions. An operator’s evaluation and re-
prompt action to address all anomalous mediation schedule must provide for
conditions the operator discovers immediate repair conditions. To main-
through the integrity assessment or in- tain safety, an operator must tempo-
formation analysis. In addressing all rarily reduce operating pressure or
conditions, an operator must evaluate shut down the pipeline until the oper-
all anomalous conditions and reme- ator completes the repair of these con-
diate those that could reduce a pipe- ditions. An operator must calculate the
line’s integrity. An operator must be temporary reduction in operating pres-
able to demonstrate that the remedi- sure using the formula in Section
ation of the condition will ensure the 451.6.2.2 (b) of ANSI/ASME B31.4 (incor-
condition is unlikely to pose a threat porated by reference, see § 195.3). An op-
to the long-term integrity of the pipe- erator must treat the following condi-
line. An operator must comply with tions as immediate repair conditions:
§ 195.422 when making a repair. (A) Metal loss greater than 80% of
(i) Temporary pressure reduction. An nominal wall regardless of dimensions.
operator must notify PHMSA, in ac- (B) A calculation of the remaining
cordance with paragraph (m) of this
strength of the pipe shows a predicted
section, if the operator cannot meet
burst pressure less than the established
the schedule for evaluation and reme-
maximum operating pressure at the lo-
diation required under paragraph (h)(3)
of this section and cannot provide safe- cation of the anomaly. Suitable re-
ty through a temporary reduction in maining strength calculation methods
operating pressure. include, but are not limited to, ASME/
(ii) Long-term pressure reduction. When ANSI B31G (‘‘Manual for Determining
a pressure reduction exceeds 365 days, the Remaining Strength of Corroded
the operator must notify PHMSA in ac- Pipelines’’ (1991) or AGA Pipeline Re-
cordance with paragraph (m) of this search Committee Project PR–3–805
section and explain the reasons for the (‘‘A Modified Criterion for Evaluating
delay. An operator must also take fur- the Remaining Strength of Corroded
ther remedial action to ensure the safe- Pipe’’ (December 1989)). These docu-
ty of the pipeline. ments are incorporated by reference
(2) Discovery of condition. Discovery of and are available at the addresses list-
a condition occurs when an operator ed in § 195.3.
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has adequate information about the (C) A dent located on the top of the
condition to determine that the condi- pipeline (above the 4 and 8 o’clock posi-
tion presents a potential threat to the tions) that has any indication of metal
integrity of the pipeline. An operator loss, cracking or a stress riser.
592
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.452
(D) A dent located on the top of the documents are incorporated by ref-
pipeline (above the 4 and 8 o’clock posi- erence and are available at the address-
tions) with a depth greater than 6% of es listed in § 195.3.
the nominal pipe diameter. (E) An area of general corrosion with
(E) An anomaly that in the judgment a predicted metal loss greater than 50%
of the person designated by the oper- of nominal wall.
ator to evaluate the assessment results (F) Predicted metal loss greater than
requires immediate action. 50% of nominal wall that is located at
(ii) 60-day conditions. Except for con- a crossing of another pipeline, or is in
ditions listed in paragraph (h)(4)(i) of an area with widespread circumferen-
this section, an operator must schedule tial corrosion, or is in an area that
evaluation and remediation of the fol- could affect a girth weld.
lowing conditions within 60 days of dis- (G) A potential crack indication that
covery of condition. when excavated is determined to be a
(A) A dent located on the top of the crack.
pipeline (above the 4 and 8 o’clock posi- (H) Corrosion of or along a longitu-
tions) with a depth greater than 3% of dinal seam weld.
the pipeline diameter (greater than (I) A gouge or groove greater than
0.250 inches in depth for a pipeline di- 12.5% of nominal wall.
ameter less than Nominal Pipe Size (iv) Other conditions. In addition to
(NPS) 12). the conditions listed in paragraphs
(B) A dent located on the bottom of (h)(4)(i) through (iii) of this section, an
the pipeline that has any indication of operator must evaluate any condition
metal loss, cracking or a stress riser. identified by an integrity assessment
(iii) 180-day conditions. Except for or information analysis that could im-
conditions listed in paragraph (h)(4)(i) pair the integrity of the pipeline, and
or (ii) of this section, an operator must as appropriate, schedule the condition
schedule evaluation and remediation of for remediation. Appendix C of this
the following within 180 days of dis- part contains guidance concerning
covery of the condition: other conditions that an operator
(A) A dent with a depth greater than should evaluate.
2% of the pipeline’s diameter (0.250 (i) What preventive and mitigative
inches in depth for a pipeline diameter measures must an operator take to protect
less than NPS 12) that affects pipe cur- the high consequence area?—(1) General
vature at a girth weld or a longitudinal requirements. An operator must take
seam weld. measures to prevent and mitigate the
(B) A dent located on the top of the consequences of a pipeline failure that
pipeline (above 4 and 8 o’clock posi- could affect a high consequence area.
tion) with a depth greater than 2% of These measures include conducting a
the pipeline’s diameter (0.250 inches in risk analysis of the pipeline segment to
depth for a pipeline diameter less than identify additional actions to enhance
NPS 12). public safety or environmental protec-
(C) A dent located on the bottom of tion. Such actions may include, but are
the pipeline with a depth greater than not limited to, implementing damage
6% of the pipeline’s diameter. prevention best practices, better moni-
(D) A calculation of the remaining toring of cathodic protection where
strength of the pipe shows an operating corrosion is a concern, establishing
pressure that is less than the current shorter inspection intervals, installing
established maximum operating pres- EFRDs on the pipeline segment, modi-
sure at the location of the anomaly. fying the systems that monitor pres-
Suitable remaining strength calcula- sure and detect leaks, providing addi-
tion methods include, but are not lim- tional training to personnel on re-
ited to, ASME/ANSI B31G (‘‘Manual for sponse procedures, conducting drills
Determining the Remaining Strength with local emergency responders and
of Corroded Pipelines’’ (1991)) or AGA adopting other management controls.
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§ 195.452 49 CFR Ch. I (10–1–11 Edition)
pipeline release occurring and how a high consequence area, and benefits ex-
release could affect the high con- pected by reducing the spill size.
sequence area. This determination (j) What is a continual process of eval-
must consider all relevant risk factors, uation and assessment to maintain a pipe-
including, but not limited to: line’s integrity?—(1) General. After com-
(i) Terrain surrounding the pipeline pleting the baseline integrity assess-
segment, including drainage systems ment, an operator must continue to as-
such as small streams and other small- sess the line pipe at specified intervals
er waterways that could act as a con- and periodically evaluate the integrity
duit to the high consequence area; of each pipeline segment that could af-
(ii) Elevation profile; fect a high consequence area.
(iii) Characteristics of the product (2) Evaluation. An operator must con-
transported; duct a periodic evaluation as fre-
quently as needed to assure pipeline in-
(iv) Amount of product that could be
tegrity. An operator must base the fre-
released;
quency of evaluation on risk factors
(v) Possibility of a spillage in a farm specific to its pipeline, including the
field following the drain tile into a wa- factors specified in paragraph (e) of
terway; this section. The evaluation must con-
(vi) Ditches along side a roadway the sider the results of the baseline and
pipeline crosses; periodic integrity assessments, infor-
(vii) Physical support of the pipeline mation analysis (paragraph (g) of this
segment such as by a cable suspension section), and decisions about remedi-
bridge; ation, and preventive and mitigative
(viii) Exposure of the pipeline to op- actions (paragraphs (h) and (i) of this
erating pressure exceeding established section).
maximum operating pressure. (3) Assessment intervals. An operator
(3) Leak detection. An operator must must establish five-year intervals, not
have a means to detect leaks on its to exceed 68 months, for continually
pipeline system. An operator must assessing the line pipe’s integrity. An
evaluate the capability of its leak de- operator must base the assessment in-
tection means and modify, as nec- tervals on the risk the line pipe poses
essary, to protect the high consequence to the high consequence area to deter-
area. An operator’s evaluation must, at mine the priority for assessing the
least, consider, the following factors— pipeline segments. An operator must
length and size of the pipeline, type of establish the assessment intervals
product carried, the pipeline’s prox- based on the factors specified in para-
imity to the high consequence area, graph (e) of this section, the analysis of
the swiftness of leak detection, loca- the results from the last integrity as-
tion of nearest response personnel, leak sessment, and the information analysis
history, and risk assessment results. required by paragraph (g) of this sec-
(4) Emergency Flow Restricting Devices tion.
(EFRD). If an operator determines that (4) Variance from the 5-year intervals in
an EFRD is needed on a pipeline seg- limited situations—(i) Engineering basis.
ment to protect a high consequence An operator may be able to justify an
area in the event of a hazardous liquid engineering basis for a longer assess-
pipeline release, an operator must in- ment interval on a segment of line
stall the EFRD. In making this deter- pipe. The justification must be sup-
mination, an operator must, at least, ported by a reliable engineering eval-
consider the following factors—the uation combined with the use of other
swiftness of leak detection and pipeline technology, such as external moni-
shutdown capabilities, the type of com- toring technology, that provides an un-
modity carried, the rate of potential derstanding of the condition of the line
leakage, the volume that can be re- pipe equivalent to that which can be
leased, topography or pipeline profile, obtained from the assessment methods
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the potential for ignition, proximity to allowed in paragraph (j)(5) of this sec-
power sources, location of nearest re- tion. An operator must notify OPS 270
sponse personnel, specific terrain be- days before the end of the five-year (or
tween the pipeline segment and the less) interval of the justification for a
594
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.501
longer interval, and propose an alter- ance on methods that can be used to
native interval. An operator must send evaluate a program’s effectiveness.
the notice to the address specified in (l) What records must be kept? (1) An
paragraph (m) of this section. operator must maintain for review dur-
(ii) Unavailable technology. An oper- ing an inspection:
ator may require a longer assessment (i) A written integrity management
period for a segment of line pipe (for program in accordance with paragraph
example, because sophisticated inter- (b) of this section.
nal inspection technology is not avail- (ii) Documents to support the deci-
able). An operator must justify the rea- sions and analyses, including any
sons why it cannot comply with the re- modifications, justifications,
quired assessment period and must also variances, deviations and determina-
demonstrate the actions it is taking to tions made, and actions taken, to im-
evaluate the integrity of the pipeline plement and evaluate each element of
segment in the interim. An operator the integrity management program
must notify OPS 180 days before the listed in paragraph (f) of this section.
end of the five-year (or less) interval (2) See Appendix C of this part for ex-
that the operator may require a longer amples of records an operator would be
assessment interval, and provide an es- required to keep.
timate of when the assessment can be
(m) How does an operator notify
completed. An operator must send a
PHMSA? An operator must provide any
notice to the address specified in para-
notification required by this section
graph (m) of this section.
by:
(5) Assessment methods. An operator
(1) Entering the information directly
must assess the integrity of the line
on the Integrity Management Database
pipe by any of the following methods.
Web site at http://primis.phmsa.dot.gov/
The methods an operator selects to as-
imdb/;
sess low frequency electric resistance
welded pipe or lap welded pipe suscep- (2) Sending the notification to the In-
tible to longitudinal seam failure must formation Resources Manager, Office of
be capable of assessing seam integrity Pipeline Safety, Pipeline and Haz-
and of detecting corrosion and defor- ardous Materials Safety Administra-
mation anomalies. tion, 1200 New Jersey Avenue, SE.,
(i) Internal inspection tool or tools Washington, DC 20590; or
capable of detecting corrosion and de- (3) Sending the notification to the In-
formation anomalies including dents, formation Resources Manager by fac-
gouges and grooves; simile to (202) 366–7128.
(ii) Pressure test conducted in ac- [Amdt. 195–70, 65 FR 75406, Dec. 1, 2000, as
cordance with subpart E of this part; amended by Amdt. 195–74, 67 FR 1660, 1661,
(iii) External corrosion direct assess- Jan. 14, 2002; Amdt. 195–76, 67 FR 2143, Jan.
ment in accordance with § 195.588; or 16, 2002; 67 FR 46911, July 17, 2002; 70 FR 11140,
Mar. 8, 2005; Amdt. 195–85, 70 FR 61576, Oct.
(iv) Other technology that the oper- 25, 2005; Amdt. 195–87, 72 FR 39017, July 17,
ator demonstrates can provide an 2007; 73 FR 16571, Mar. 28, 2008; 73 FR 31646,
equivalent understanding of the condi- June 3, 2008; Amdt. 195–94, 75 FR 48607, Aug.
tion of the line pipe. An operator 11, 2010]
choosing this option must notify OPS
90 days before conducting the assess- Subpart G—Qualification of
ment, by sending a notice to the ad-
dress or facsimile number specified in
Pipeline Personnel
paragraph (m) of this section.
(k) What methods to measure program SOURCE: Amdt. 195–67, 64 FR 46866, Aug. 27,
effectiveness must be used? An operator’s 1999, unless otherwise noted.
program must include methods to
§ 195.501 Scope.
measure whether the program is effec-
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tive in assessing and evaluating the in- (a) This subpart prescribes the min-
tegrity of each pipeline segment and in imum requirements for operator quali-
protecting the high consequence areas. fication of individuals performing cov-
See Appendix C of this part for guid- ered tasks on a pipeline facility.
595
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§ 195.503 49 CFR Ch. I (10–1–11 Edition)
596
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.559
597
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§ 195.561 49 CFR Ch. I (10–1–11 Edition)
ternal coating material if the current re- suitably insulate the lead from the
quired to cathodically protect the pipeline is conduit.
substantially the same as if the pipeline (5) At the connection to the pipeline,
were bare. coat each bared test lead wire and
598
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.573
599
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§ 195.575 49 CFR Ch. I (10–1–11 Edition)
why compliance with all or certain op- on existing adjacent metallic struc-
eration and maintenance provisions of tures.
API Recommended Practice 651 is not
necessary for the safety of the tank. § 195.579 What must I do to mitigate
(e) Corrective action. You must correct internal corrosion?
any identified deficiency in corrosion (a) General. If you transport any haz-
control as required by § 195.401(b). How- ardous liquid or carbon dioxide that
ever, if the deficiency involves a pipe- would corrode the pipeline, you must
line in an integrity management pro- investigate the corrosive effect of the
gram under § 195.452, you must correct hazardous liquid or carbon dioxide on
the deficiency as required by the pipeline and take adequate steps to
§ 195.452(h). mitigate internal corrosion.
[Amdt. 195–73, 66 FR 67004, Dec. 27, 2001; 67 FR (b) Inhibitors. If you use corrosion in-
70118, Nov. 20, 2002, as amended by Amdt. 195– hibitors to mitigate internal corrosion,
86, 71 FR 33411, June 9, 2006; Amdt. 195–94, 75 you must—
FR 48607, Aug. 11, 2010]
(1) Use inhibitors in sufficient quan-
§ 195.575 Which facilities must I elec- tity to protect the entire part of the
trically isolate and what inspec- pipeline system that the inhibitors are
tions, tests, and safeguards are re- designed to protect;
quired? (2) Use coupons or other monitoring
(a) You must electrically isolate each equipment to determine the effective-
buried or submerged pipeline from ness of the inhibitors in mitigating in-
other metallic structures, unless you ternal corrosion; and
electrically interconnect and cathodi- (3) Examine the coupons or other
cally protect the pipeline and the other monitoring equipment at least twice
structures as a single unit. each calendar year, but with intervals
(b) You must install one or more in- not exceeding 71⁄2 months.
sulating devices where electrical isola- (c) Removing pipe. Whenever you re-
tion of a portion of a pipeline is nec- move pipe from a pipeline, you must
essary to facilitate the application of inspect the internal surface of the pipe
corrosion control. for evidence of corrosion. If you find in-
(c) You must inspect and electrically ternal corrosion requiring corrective
test each electrical isolation to assure action under § 195.585, you must inves-
the isolation is adequate.
tigate circumferentially and longitu-
(d) If you install an insulating device
dinally beyond the removed pipe (by
in an area where a combustible atmos-
visual examination, indirect method,
phere is reasonable to foresee, you
or both) to determine whether addi-
must take precautions to prevent arc-
tional corrosion requiring remedial ac-
ing.
tion exists in the vicinity of the re-
(e) If a pipeline is in close proximity
to electrical transmission tower foot- moved pipe.
ings, ground cables, or counterpoise, or (d) Breakout tanks. After October 2,
in other areas where it is reasonable to 2000, when you install a tank bottom
foresee fault currents or an unusual lining in an aboveground breakout
risk of lightning, you must protect the tank built to API Specification 12F,
pipeline against damage from fault API Standard 620, or API Standard 650
currents or lightning and take protec- (or its predecessor Standard 12C), you
tive measures at insulating devices. must install the lining in accordance
with API Recommended Practice 652.
§ 195.577 What must I do to alleviate However, installation of the lining
interference currents? need not comply with API Rec-
(a) For pipelines exposed to stray ommended Practice 652 on any tank for
currents, you must have a program to which you note in the corrosion con-
identify, test for, and minimize the trol procedures established under
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Pipeline and Hazardous Materials Safety Admin., DOT § 195.588
§ 195.581 Which pipelines must I pro- place the pipe. However, you need not
tect against atmospheric corrosion replace the pipe if you—
and what coating material may I (1) Reduce the maximum operating
use? pressure commensurate with the
(a) You must clean and coat each strength of the pipe needed for service-
pipeline or portion of pipeline that is ability based on actual remaining wall
exposed to the atmosphere, except thickness; or
pipelines under paragraph (c) of this (2) Repair the pipe by a method that
section. reliable engineering tests and analyses
(b) Coating material must be suitable show can permanently restore the serv-
for the prevention of atmospheric cor- iceability of the pipe.
rosion. (b) Localized corrosion pitting. If you
(c) Except portions of pipelines in off- find pipe that has localized corrosion
shore splash zones or soil-to-air inter- pitting to a degree that leakage might
faces, you need not protect against at- result, you must replace or repair the
mospheric corrosion any pipeline for pipe, unless you reduce the maximum
which you demonstrate by test, inves- operating pressure commensurate with
tigation, or experience appropriate to the strength of the pipe based on ac-
the environment of the pipeline that tual remaining wall thickness in the
corrosion will— pits.
(1) Only be a light surface oxide; or
§ 195.587 What methods are available
(2) Not affect the safe operation of to determine the strength of cor-
the pipeline before the next scheduled roded pipe?
inspection.
Under § 195.585, you may use the pro-
§ 195.583 What must I do to monitor at- cedure in ASME B31G, ‘‘Manual for De-
mospheric corrosion control? termining the Remaining Strength of
Corroded Pipelines,’’ or the procedure
(a) You must inspect each pipeline or
developed by AGA/Battelle, ‘‘A Modi-
portion of pipeline that is exposed to
fied Criterion for Evaluating the Re-
the atmosphere for evidence of atmos-
maining Strength of Corroded Pipe
pheric corrosion, as follows:
(with RSTRENG disk),’’ to determine
If the pipeline is Then the frequency of in- the strength of corroded pipe based on
located: spection is: actual remaining wall thickness. These
Onshore ................................. At least once every 3 cal- procedures apply to corroded regions
endar years, but with inter- that do not penetrate the pipe wall,
vals not exceeding 39 subject to the limitations set out in
months.
Offshore ................................. At least once each calendar
the respective procedures.
year, but with intervals not
exceeding 15 months. § 195.588 What standards apply to di-
rect assessment?
(b) During inspections you must give (a) If you use direct assessment on an
particular attention to pipe at soil-to- onshore pipeline to evaluate the effects
air interfaces, under thermal insula- of external corrosion, you must follow
tion, under disbonded coatings, at pipe the requirements of this section for
supports, in splash zones, at deck pene- performing external corrosion direct
trations, and in spans over water. assessment. This section does not
(c) If you find atmospheric corrosion apply to methods associated with di-
during an inspection, you must provide rect assessment, such as close interval
protection against the corrosion as re- surveys, voltage gradient surveys, or
quired by § 195.581. examination of exposed pipelines, when
used separately from the direct assess-
§ 195.585 What must I do to correct ment process.
corroded pipe? (b) The requirements for performing
(a) General corrosion. If you find pipe external corrosion direct assessment
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§ 195.588 49 CFR Ch. I (10–1–11 Edition)
you must develop and implement a Ex- (iv) Criteria for scheduling exca-
ternal Corrosion Direct Assessment vations of indications in each urgency
(ECDA) plan that includes procedures level.
addressing pre-assessment, indirect ex- (4) Direct examination. In addition to
amination, direct examination, and the requirements in Section 5 of NACE
post-assessment. SP0502 (incorporated by reference, see
(2) Pre-assessment. In addition to the § 195.3), the procedures for direct exam-
requirements in Section 3 of NACE ination of indications from the indirect
SP0502 (incorporated by reference, see examination must include—
§ 195.3), the ECDA plan procedures for
(i) Provisions for applying more re-
pre-assessment must include—
strictive criteria when conducting
(i) Provisions for applying more re-
strictive criteria when conducting ECDA for the first time on a pipeline
ECDA for the first time on a pipeline segment;
segment; (ii) Criteria for deciding what action
(ii) The basis on which you select at should be taken if either:
least two different, but complemen- (A) Corrosion defects are discovered
tary, indirect assessment tools to as- that exceed allowable limits (Section
sess each ECDA region; and 5.5.2.2 of NACE SP0502 (incorporated by
(iii) If you utilize an indirect inspec- reference, see § 195.3) provides guidance
tion method not described in Appendix for criteria); or
A of NACE SP0502 (incorporated by ref- (B) Root cause analysis reveals con-
erence, see § 195.3), you must dem- ditions for which ECDA is not suitable
onstrate the applicability, validation (Section 5.6.2 of NACE SP0502 (incor-
basis, equipment used, application pro- porated by reference, see § 195.3) pro-
cedure, and utilization of data for the vides guidance for criteria);
inspection method. (iii) Criteria and notification proce-
(3) Indirect examination. In addition to dures for any changes in the ECDA
the requirements in Section 4 of NACE
plan, including changes that affect the
SP0502 (incorporated by reference, see
severity classification, the priority of
§ 195.3), the procedures for indirect ex-
amination of the ECDA regions must direct examination, and the time frame
include— for direct examination of indications;
(i) Provisions for applying more re- and
strictive criteria when conducting (iv) Criteria that describe how and on
ECDA for the first time on a pipeline what basis you will reclassify and re-
segment; prioritize any of the provisions speci-
(ii) Criteria for identifying and docu- fied in Section 5.9 of NACE SP0502 (in-
menting those indications that must be corporated by reference, see § 195.3).
considered for excavation and direct (5) Post assessment and continuing
examination, including at least the fol- evaluation. In addition to the require-
lowing: ments in Section 6 of NACE SP 0502
(A) The known sensitivities of assess- (incorporated by reference, see § 195.3),
ment tools; the procedures for post assessment of
(B) The procedures for using each the effectiveness of the ECDA process
tool; and must include—
(C) The approach to be used for de- (i) Measures for evaluating the long-
creasing the physical spacing of indi- term effectiveness of ECDA in address-
rect assessment tool readings when the ing external corrosion in pipeline seg-
presence of a defect is suspected;
ments; and
(iii) For each indication identified
during the indirect examination, cri- (ii) Criteria for evaluating whether
teria for— conditions discovered by direct exam-
(A) Defining the urgency of exca- ination of indications in each ECDA re-
vation and direct examination of the gion indicate a need for reassessment
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Pipeline and Hazardous Materials Safety Admin., DOT Pt. 195, App. A
HLPSA provides for a national hazardous nomic regulation of liquid and of natural gas
liquid pipeline safety program with nation- pipelines. There is an affirmative assertion
ally uniform minimal standards and with en- of jurisdiction by FERC over natural gas
forcement administered through a Federal- pipelines through the issuance of certificates
State partnership. The HLPSA leaves to ex- of public convenience and necessity prior to
603
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Pt. 195, App. A 49 CFR Ch. I (10–1–11 Edition)
commencing operations. With liquid pipe- with FERC for transportation from ‘‘Point
lines, there is only a rebuttable presumption A’’ to ‘‘Point B’’ as well as for transpor-
of jurisdiction created by the filing by pipe- tation from ‘‘Point C’’ to ‘‘Point D.’’ DOT
line operators of tariffs (or concurrences) for will ignore filing for the line from ‘‘Point A’’
movement of liquids through existing facili- to ‘‘Point B’’ and consider the line to be
ties. Although FERC does police the filings intrastate.
for such matters as compliance with the gen- Example 2. Same as in example 1 except
eral duties of common carriers, the question that P does not file any tariffs with FERC.
of jurisdiction is normally only aired upon DOT will assume jurisdiction of the line be-
complaint. While any person, including tween ‘‘Point C’’ and ‘‘Point D.’’
State or Federal agencies, can avail them- Example 3. Same as in example 1 except
selves of the FERC forum by use of the com- that P files its tariff for the line between
plaint process, that process has only been ‘‘Point C’’ and ‘‘Point D’’ not only with
rarely used to review jurisdictional matters FERC but also with State X. DOT will rely
(probably because of the infrequency of real on the FERC filing as indication of inter-
disputes on the issue). Where the issue has state commerce.
arisen, the reviewing body has noted the Example 4. Same as in example 1 except
need to examine various criteria primarily of that the pipeline from ‘‘Point A’’ to ‘‘Point
an economic nature. DOT believes that, in B’’ (in State X) connects with a pipeline op-
most cases, the formal FERC forum can bet- erated by another company transports liquid
ter receive and evaluate the type of informa- between ‘‘Point B’’ (in State X) and ‘‘Point
tion that is needed to make decisions of this D’’ (in State Y). DOT will rely on the FERC
nature than can DOT. filing as indication of interstate commerce.
In delineating which liquid pipeline facili- Example 5. Same as in example 1 except
ties are interstate pipeline facilities within that the line between ‘‘Point C’’ and ‘‘Point
the meaning of the HLPSA, DOT will gen- D’’ has a lateral line connected to it. The
erally rely on the FERC filings; that is, if lateral is located entirely with State X. DOT
will rely on the existence or non-existence of
there is a tariff or concurrence filed with
a FERC filing covering transportation over
FERC governing the transportation of haz-
that lateral as determinative of interstate
ardous liquids over a pipeline facility or if
commerce.
there has been an exemption from the obliga-
Example 6. Same as in example 1 except
tion to file tariffs obtained from FERC, then
that the certified agency in State X has
DOT will, as a general rule, consider the fa-
brought an enforcement action (under the
cility to be an interstate pipeline facility
pipeline safety laws) against P because of its
within the meaning of the HLPSA. The types
operation of the line between ‘‘Point A’’ and
of situations in which DOT will ignore the ‘‘Point B’’. P has successfully defended
existence or non-existence of a filing with against the action on jurisdictional grounds.
FERC will be limited to those cases in which DOT will assume jurisdiction if necessary to
it appears obvious that a complaint filed avoid the anomaly of a pipeline subject to
with FERC would be successful or in which neither State or Federal safety enforcement.
blind reliance on a FERC filing would result DOT’s assertion of jurisdiction in such a case
in a situation clearly not intended by the would be based on the gap in the state’s en-
HLPSA such as a pipeline facility not being forcement authority rather than a DOT deci-
subject to either State or Federal safety reg- sion that the pipeline is an interstate pipe-
ulation. DOT anticipates that the situations line facility.
in which there is any question about the va- Example 7. Pipeline Company P operates a
lidity of the FERC filings as a ready ref- pipeline that originates on the Outer Conti-
erence will be few and that the actual vari- nental Shelf. P does not file any tariff for
ations from reliance on those filings will be that line with FERC. DOT will consider the
rare. The following examples indicate the pipeline to be an interstate pipeline facility.
types of facilities which DOT believes are Example 8. Pipeline Company P is con-
interstate pipeline facilities subject to the structing a pipeline from ‘‘Point C’’ (in State
HLPSA despite the lack of a filing with X) to ‘‘Point D’’ (in State Y). DOT will con-
FERC and the types of facilities over which sider the pipeline to be an interstate pipeline
DOT will generally defer to the jurisdiction facility.
of a certifying state despite the existence of Example 9. Pipeline company P is con-
a filing with FERC. structing a pipeline from ‘‘Point C’’ to
Example 1. Pipeline company P operates a ‘‘Point E’’ (both in State X) but intends to
pipeline from ‘‘Point A’’ located in State X file tariffs with FERC in the transportation
to ‘‘Point B’’ (also in X). The physical facili- of hazardous liquid in interstate commerce.
ties never cross a state line and do not con- Assuming there is some connection to an
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nect with any other pipeline which does interstate pipeline facility, DOT will con-
cross a state line. Pipeline company P also sider this line to be an interstate pipeline fa-
operates another pipeline between ‘‘Point C’’ cility.
in State X and ‘‘Point D’’ in an adjoining Example 10. Pipeline Company P has oper-
State Y. Pipeline company P files a tariff ated a pipeline subject to FERC economic
604
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Pipeline and Hazardous Materials Safety Admin., DOT Pt. 195, App. B
regulation. Solely because of some statutory type of pipe or on the pipeline segment’s
economic deregulation, that pipeline is no proximity to populated or environmentally
longer regulated by FERC. DOT will con- sensitive area. Secondly, the classifications
tinue to consider that pipeline to be an must be adjusted based on the pipeline fail-
interstate pipeline facility. ure history, product transported, and the re-
As seen from the examples, the types of lease volume potential.
situations in which DOT will not defer to the Tables 2–6 give definitions of risk classi-
FERC regulatory scheme are generally clear- fication A, B, and C facilities. For the pur-
cut cases. For the remainder of the situa- poses of this rule, pipeline segments con-
tions where variation from the FERC scheme taining high risk electric resistance-welded
would require DOT to replicate the forum al- pipe (ERW pipe) and lapwelded pipe manufac-
ready provided by FERC and to consider eco- tured prior to 1970 and considered a risk clas-
nomic factors better left to that agency, sification C or B facility shall be treated as
DOT will decline to vary its reliance on the the top priority for testing because of the
FERC filings unless, of course, not doing so higher risk associated with the suscepti-
would result in situations clearly not in- bility of this pipe to longitudinal seam fail-
tended by the HLPSA. ures.
[Amdt. 195–33, 50 FR 15899, Apr. 23, 1985] In all cases, operators shall annually, at
intervals not to exceed 15 months, review
APPENDIX B TO PART 195—RISK-BASED their facilities to reassess the classification
ALTERNATIVE TO PRESSURE TESTING and shall take appropriate action within two
OLDER HAZARDOUS LIQUID AND CAR- years or operate the pipeline system at a
BON DIOXIDE PIPELINES lower pressure. Pipeline failures, changes in
the characteristics of the pipeline route, or
RISK-BASED ALTERNATIVE changes in service should all trigger a reas-
This Appendix provides guidance on how a sessment of the originally classification.
risk-based alternative to pressure testing Table 1 explains different levels of test re-
older hazardous liquid and carbon dioxide quirements depending on the inherent risk of
pipelines rule allowed by § 195.303 will work. a given pipeline segment. The overall risk
This risk-based alternative establishes test classification is determined based on the
priorities for older pipelines, not previously type of pipe involved, the facility’s location,
pressure tested, based on the inherent risk of the product transported, the relative volume
a given pipeline segment. The first step is to of flow and pipeline failure history as deter-
determine the classification based on the mined from Tables 2–6.
Using LOCATION, PRODUCT, VOLUME, factor which determines overall risk, with
and FAILURE HISTORY ‘‘Indicators’’ from the PRODUCT, VOLUME, and PROB-
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Pt. 195, App. B 49 CFR Ch. I (10–1–11 Edition)
Table 3 is used to establish the LOCATION ciated with a pipeline facility’s location, a
Indicator used in Table 2. Based on the popu- LOCATION Indicator of H, M or L is se-
lation and environment characteristics asso- lected.
TABLE 3—LOCATION INDICATORS—PIPELINE SEGMENTS
Indicator Population 1 Environment 2
Tables 4, 5 and 6 are used to establish the product transported. The VOLUME Indicator
PRODUCT, VOLUME, and PROBABILITY is selected from Table 5 as H, M, or L based
OF FAILURE Indicators respectively, in on the nominal diameter of the pipeline. The
Table 2. The PRODUCT Indicator is selected Probability of Failure Indicator is selected
from Table 4 as H, M, or L based on the acute from Table 6.
and chronic hazards associated with the
TABLE 4—PRODUCT INDICATORS
Indicator Considerations Product examples
H ................................................................ (Highly volatile and flammable) ............... (Propane, butane, Natural Gas Liquid
(NGL), ammonia)
Highly toxic .............................................. (Benzene, high Hydrogen Sulfide con-
tent crude oils).
M ................................................................ Flammable—flashpoint <100F ................ (Gasoline, JP4, low flashpoint crude
oils).
L ................................................................. Non-flammable—flashpoint 100+F .......... (Diesel, fuel oil, kerosene, JP5, most
crude oils).
Highly volatile and non-flammable/non- Carbon Dioxide.
toxic.
Considerations: The degree of acute and Table 6 is used to establish the PROB-
chronic toxicity to humans, wildlife, and ABILITY OF FAILURE Indicator used in
aquatic life; reactivity; and, volatility, flam- Table 2. The ‘‘Probability of Failure’’ Indi-
mability, and water solubility determine the cator is selected from Table 6 as H or L.
Product Indicator. Comprehensive Environ-
mental Response, Compensation and Liabil- TABLE 6—PROBABILITY OF FAILURE INDICATORS
ity Act Reportable Quantity values can be [in each haz. location]
used as an indication of chronic toxicity. Na-
tional Fire Protection Association health Indicator Failure history (time-dependent defects) 2
factors can be used for rating acute hazards.
H 1 ................ >Three spills in last 10 years.
TABLE 5—VOLUME INDICATORS L .................. ≤Three spills in last 10 years.
H=High L=Low.
Indicator Line size 1 Pipeline segments with greater than three product spills in
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Pipeline and Hazardous Materials Safety Admin., DOT Pt. 195, App. C
2 Time-Dependent Defects are defects that result in spills
(3) The Bureau of Transportation Statis-
due to corrosion, gouges, or problems developed during man- tics database that includes commercially
ufacture, construction or operation, etc.
navigable waterways and non-commercially
[Amdt. 195–65, 63 FR 59480, Nov. 4, 1998; 64 FR navigable waterways. The database can be
6815, Feb. 11, 1999] downloaded from the BTS website at http://
www.bts.gov/gis/ntatlas/networks.html.
B. The rule requires an operator to include
APPENDIX C TO PART 195—GUIDANCE FOR
a process in its program for identifying
IMPLEMENTATION OF AN INTEGRITY which pipeline segments could affect a high
MANAGEMENT PROGRAM consequence area and to take measures to
prevent and mitigate the consequences of a
This Appendix gives guidance to help an
pipeline failure that could affect a high con-
operator implement the requirements of the
sequence area. (See §§ 195.452 (f) and (i).)
integrity management program rule in
Thus, an operator will need to consider how
§§ 195.450 and 195.452. Guidance is provided on:
each pipeline segment could affect a high
(1) Information an operator may use to consequence area. The primary source for
identify a high consequence area and factors the listed risk factors is a US DOT study on
an operator can use to consider the potential instrumented Internal Inspection devices
impacts of a release on an area; (November 1992). Other sources include the
(2) Risk factors an operator can use to de- National Transportation Safety Board, the
termine an integrity assessment schedule; Environmental Protection Agency and the
(3) Safety risk indicator tables for leak Technical Hazardous Liquid Pipeline Safety
history, volume or line size, age of pipeline, Standards Committee. The following list
and product transported, an operator may provides guidance to an operator on both the
use to determine if a pipeline segment falls mandatory and additional factors:
into a high, medium or low risk category; (1) Terrain surrounding the pipeline. An
(4) Types of internal inspection tools an operator should consider the contour of the
operator could use to find pipeline anoma- land profile and if it could allow the liquid
lies; from a release to enter a high consequence
(5) Measures an operator could use to area. An operator can get this information
measure an integrity management program’s from topographical maps such as U.S. Geo-
performance; and logical Survey quadrangle maps.
(6) Types of records an operator will have (2) Drainage systems such as small streams
to maintain. and other smaller waterways that could
(7) Types of conditions that an integrity serve as a conduit to a high consequence
assessment may identify that an operator area.
should include in its required schedule for (3) Crossing of farm tile fields. An operator
evaluation and remediation. should consider the possibility of a spillage
I. Identifying a high consequence area and in the field following the drain tile into a
factors for considering a pipeline segment’s waterway.
potential impact on a high consequence area. (4) Crossing of roadways with ditches along
A. The rule defines a High Consequence the side. The ditches could carry a spillage
Area as a high population area, an other pop- to a waterway.
ulated area, an unusually sensitive area, or a (5) The nature and characteristics of the
commercially navigable waterway. The Of- product the pipeline is transporting (refined
fice of Pipeline Safety (OPS) will map these products, crude oils, highly volatile liquids,
areas on the National Pipeline Mapping Sys- etc.) Highly volatile liquids becomes gaseous
tem (NPMS). An operator, member of the when exposed to the atmosphere. A spillage
public or other government agency may view could create a vapor cloud that could settle
and download the data from the NPMS home into the lower elevation of the ground pro-
page http://www.npms.phmsa.gov/. OPS will file.
maintain the NPMS and update it periodi- (6) Physical support of the pipeline seg-
cally. However, it is an operator’s responsi- ment such as by a cable suspension bridge.
bility to ensure that it has identified all high An operator should look for stress indicators
consequence areas that could be affected by on the pipeline (strained supports, inad-
a pipeline segment. An operator is also re- equate support at towers), atmospheric cor-
sponsible for periodically evaluating its pipe- rosion, vandalism, and other obvious signs of
line segments to look for population or envi- improper maintenance.
ronmental changes that may have occurred (7) Operating conditions of the pipeline
around the pipeline and to keep its program (pressure, flow rate, etc.). Exposure of the
current with this information. (Refer to pipeline to an operating pressure exceeding
§ 195.452(d)(3).) the established maximum operating pres-
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Pt. 195, App. C 49 CFR Ch. I (10–1–11 Edition)
(10) Potential physical pathways between pede access for spill response or any other
the pipeline and the high consequence area. purpose).
(11) Response capability (time to respond, (17) Physical support of the segment such
nature of response). as by a cable suspension bridge.
(12) Potential natural forces inherent in (18) Non-standard or other than recognized
the area (flood zones, earthquakes, subsid- industry practice on pipeline installation
ence areas, etc.) (e.g., horizontal directional drilling).
II. Risk factors for establishing frequency B. Example: This example illustrates a hy-
of assessment. pothetical model used to establish an integ-
A. By assigning weights or values to the rity assessment schedule for a hypothetical
risk factors, and using the risk indicator ta- pipeline segment. After we determine the
bles, an operator can determine the priority risk factors applicable to the pipeline seg-
for assessing pipeline segments, beginning ment, we then assign values or numbers to
with those segments that are of highest risk, each factor, such as, high (5), moderate (3),
that have not previously been assessed. This or low (1). We can determine an overall risk
list provides some guidance on some of the classification (A, B, C) for the segment using
risk factors to consider (see § 195.452(e)). An the risk tables and a sliding scale (values 5
operator should also develop factors specific to 1) for risk factors for which tables are not
to each pipeline segment it is assessing, in- provided. We would classify a segment as C if
cluding: it fell above 2⁄3 of maximum value (highest
(1) Populated areas, unusually sensitive en- overall risk value for any one segment when
vironmental areas, National Fish Hatcheries, compared with other segments of a pipeline),
commercially navigable waters, areas where a segment as B if it fell between 1⁄3 to 2⁄3 of
people congregate. maximum value, and the remaining seg-
(2) Results from previous testing/inspec- ments as A.
tion. (See § 195.452(h).) i. For the baseline assessment schedule, we
(3) Leak History. (See leak history risk would plan to assess 50% of all pipeline seg-
table.) ments covered by the rule, beginning with
(4) Known corrosion or condition of pipe- the highest risk segments, within the first
line. (See § 195.452(g).) 31⁄2 years and the remaining segments within
(5) Cathodic protection history. the seven-year period. For the continuing in-
(6) Type and quality of pipe coating tegrity assessments, we would plan to assess
(disbonded coating results in corrosion). the C segments within the first two (2) years
(7) Age of pipe (older pipe shows more cor- of the schedule, the segments classified as
rosion—may be uncoated or have an ineffec- moderate risk no later than year three or
tive coating) and type of pipe seam. (See Age four and the remaining lowest risk segments
of Pipe risk table.) no later than year five (5).
(8) Product transported (highly volatile, ii. For our hypothetical pipeline segment,
highly flammable and toxic liquids present a we have chosen the following risk factors
greater threat for both people and the envi- and obtained risk factor values from the ap-
ronment) (see Product transported risk propriate table. The values assigned to the
table.) risk factors are for illustration only.
(9) Pipe wall thickness (thicker walls give
a better safety margin) Age of pipeline: assume 30 years old (refer to
(10) Size of pipe (higher volume release if ‘‘Age of Pipeline’’ risk table)—
the pipe ruptures). Risk Value=5
(11) Location related to potential ground Pressure tested: tested once during
movement (e.g., seismic faults, rock quar- construction—
ries, and coal mines); climatic (permafrost Risk Value=5
causes settlement—Alaska); geologic (land- Coated: (yes/no)—yes
slides or subsidence). Coating Condition: Recent excavation of sus-
(12) Security of throughput (effects on cus- pected areas showed holidays in coating
tomers if there is failure requiring shut- (potential corrosion risk)—
down). Risk Value=5
(13) Time since the last internal inspection/ Cathodically Protected: (yes/no)—yes—Risk
pressure testing. Value=1
(14) With respect to previously discovered Date cathodic protection installed: five years
defects/anomalies, the type, growth rate, and after pipeline was constructed (Cathodic
size. protection installed within one year of the
(15) Operating stress levels in the pipeline. pipeline’s construction is generally consid-
(16) Location of the pipeline segment as it ered low risk.)—Risk Value=3
Close interval survey: (yes/no)—no—Risk
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Pipeline and Hazardous Materials Safety Admin., DOT Pt. 195, App. C
Anomalies found: (yes/no)—yes, but do not PRODUCT TRANSPORTED
pose an immediate safety risk or environ-
mental hazard—Risk Value=3 Safety
risk
Leak History: yes, one spill in last 10 years. Considerations 1 Product examples
indi-
(refer to ‘‘Leak History’’ risk table)—Risk cator
Value=2
High ... (Highly volatile and flam- (Propane, butane, Nat-
Product transported: Diesel fuel. Product low mable). ural Gas Liquid (NGL),
risk. (refer to ‘‘Product’’ risk table)—Risk ammonia).
Value=1 Highly toxic .................... (Benzene, high Hydro-
Pipe size: 16 inches. Size presents moderate gen Sulfide content
risk (refer to ‘‘Line Size’’ risk table)—Risk crude oils).
Me- Flammable—flashpoint (Gasoline, JP4, low
Value=3 dium. <100F. flashpoint crude oils).
iii. Overall risk value for this hypothetical Low .... Non-flammable— (Diesel, fuel oil, ker-
segment of pipe is 34. Assume we have two flashpoint 100+F. osene, JP5, most
other pipeline segments for which we con- crude oils).
duct similar risk rankings. The second pipe- 1 The degree of acute and chronic toxicity to humans, wild-
line segment has an overall risk value of 20, life, and aquatic life; reactivity; and, volatility, flammability, and
water solubility determine the Product Indicator. Comprehen-
and the third segment, 11. For the baseline sive Environmental Response, Compensation and Liability Act
assessment we would establish a schedule Reportable Quantity values may be used as an indication of
where we assess the first segment (highest chronic toxicity. National Fire Protection Association health
factors may be used for rating acute hazards.
risk segment) within two years, the second
segment within five years and the third seg- IV. Types of internal inspection tools to
ment within seven years. Similarly, for the use.
continuing integrity assessment, we could An operator should consider at least two
establish an assessment schedule where we types of internal inspection tools for the in-
assess the highest risk segment no later than tegrity assessment from the following list.
the second year, the second segment no later The type of tool or tools an operator selects
than the third year, and the third segment will depend on the results from previous in-
no later than the fifth year. ternal inspection runs, information analysis
and risk factors specific to the pipeline seg-
III. Safety risk indicator tables for leak
ment:
history, volume or line size, age of pipeline,
(1) Geometry Internal inspection tools for
and product transported. detecting changes to ovality, e.g., bends,
dents, buckles or wrinkles, due to construc-
LEAK HISTORY tion flaws or soil movement, or other outside
force damage;
Safety risk Leak history
indicator (Time-dependent defects) 1 (2) Metal Loss Tools (Ultrasonic and Mag-
netic Flux Leakage) for determining pipe
High .......................... > 3 Spills in last 10 years wall anomalies, e.g., wall loss due to corro-
Low ........................... < 3 Spills in last 10 years sion.
1 Time-dependent defects are those that result in spills due
(3) Crack Detection Tools for detecting
to corrosion, gouges, or problems developed during manufac- cracks and crack-like features, e.g., stress
ture, construction or operation, etc. corrosion cracking (SCC), fatigue cracks,
narrow axial corrosion, toe cracks, hook
LINE SIZE OR VOLUME TRANSPORTED cracks, etc.
V. Methods to measure performance.
Safety risk A. General. (1) This guidance is to help an
Line size
indicator operator establish measures to evaluate the
High .......................... ≥ 18′
effectiveness of its integrity management
Moderate .................. 10′—16′ nominal diameters program. The performance measures re-
Low ........................... ≤ 8′ nominal diameter quired will depend on the details of each in-
tegrity management program and will be
based on an understanding and analysis of
AGE OF PIPELINE the failure mechanisms or threats to integ-
rity of each pipeline segment.
Safety risk Age Pipeline condition (2) An operator should select a set of meas-
indicator dependent) 1
urements to judge how well its program is
High .......................... > 25 years performing. An operator’s objectives for its
Low ........................... < 25 years program are to ensure public safety, prevent
or minimize leaks and spills and prevent
1 Depends on pipeline’s coating & corrosion condition, and
property and environmental damage. A typ-
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Pt. 195, App. C 49 CFR Ch. I (10–1–11 Edition)
measure the effectiveness of an ongoing pro- and quantitative, to an operator’s integrity
gram. management program prepared periodically.
B. Performance measures. These measures (6) A performance measure based on inter-
show how a program to control risk on pipe- nal audits of the operator’s pipeline system
line segments that could affect a high con- per 49 CFR Part 195.
sequence area is progressing under the integ- (7) A performance measure based on exter-
rity management requirements. Perform- nal audits of the operator’s pipeline system
ance measures generally fall into three cat- per 49 CFR Part 195.
egories: (8) A performance measure based on oper-
(1) Selected Activity Measures—Measures ational events (for example: relief occur-
that monitor the surveillance and preventive rences, unplanned valve closure, SCADA out-
activities the operator has implemented. ages, etc.) that have the potential to ad-
These measure indicate how well an operator versely affect pipeline integrity.
is implementing the various elements of its (9) A performance measure to demonstrate
integrity management program. that the operator’s integrity management
(2) Deterioration Measures—Operation and program reduces risk over time with a focus
maintenance trends that indicate when the on high risk items.
integrity of the system is weakening despite (10) A performance measure to dem-
preventive measures. This category of per- onstrate that the operator’s integrity man-
formance measure may indicate that the sys- agement program for pipeline stations and
tem condition is deteriorating despite well terminals reduces risk over time with a
executed preventive activities. focus on high risk items.
(3) Failure Measures—Leak History, inci-
VI. Examples of types of records an oper-
dent response, product loss, etc. These meas-
ator must maintain.
ures will indicate progress towards fewer
The rule requires an operator to maintain
spills and less damage.
C. Internal vs. External Comparisons. These certain records. (See § 195.452(l)). This section
comparisons show how a pipeline segment provides examples of some records that an
that could affect a high consequence area is operator would have to maintain for inspec-
progressing in comparison to the operator’s tion to comply with the requirement. This is
other pipeline segments that are not covered not an exhaustive list.
by the integrity management requirements (1) a process for identifying which pipelines
and how that pipeline segment compares to could affect a high consequence area and a
other operators’ pipeline segments. document identifying all pipeline segments
(1) Internal—Comparing data from the that could affect a high consequence area;
pipeline segment that could affect the high (2) a plan for baseline assessment of the
consequence area with data from pipeline line pipe that includes each required plan
segments in other areas of the system may element;
indicate the effects from the attention given (3) modifications to the baseline plan and
to the high consequence area. reasons for the modification;
(2) External—Comparing data external to (4) use of and support for an alternative
the pipeline segment (e.g., OPS incident practice;
data) may provide measures on the fre- (5) a framework addressing each required
quency and size of leaks in relation to other element of the integrity management pro-
companies. gram, updates and changes to the initial
D. Examples. Some examples of perform- framework and eventual program;
ance measures an operator could use in- (6) a process for identifying a new high
clude— consequence area and incorporating it into
(1) A performance measurement goal to re- the baseline plan, particularly, a process for
duce the total volume from unintended re- identifying population changes around a
leases by -% (percent to be determined by op- pipeline segment;
erator) with an ultimate goal of zero. (7) an explanation of methods selected to
(2) A performance measurement goal to re- assess the integrity of line pipe;
duce the total number of unintended releases (8) a process for review of integrity assess-
(based on a threshold of 5 gallons) by ll-% ment results and data analysis by a person
(percent to be determined by operator) with qualified to evaluate the results and data;
an ultimate goal of zero. (9) the process and risk factors for deter-
(3) A performance measurement goal to mining the baseline assessment interval;
document the percentage of integrity man- (10) results of the baseline integrity assess-
agement activities completed during the cal- ment;
endar year. (11) the process used for continual evalua-
(4) A performance measurement goal to tion, and risk factors used for determining
the frequency of evaluation;
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Pipeline and Hazardous Materials Safety Admin., DOT § 198.3
(13) results of the information analyses and Subpart B—Grant Allocation
periodic evaluations;
(14) the process and risk factors for estab- 198.11 Grant authority.
lishing continual re-assessment intervals; 198.13 Grant allocation formula.
(15) justification to support any variance
from the required re-assessment intervals; Subpart C—Adoption of One-Call Damage
(16) integrity assessment results and anom- Prevention Program
alies found, process for evaluating and reme-
198.31 Scope.
diating anomalies, criteria for remedial ac-
198.33 [Reserved]
tions and actions taken to evaluate and re-
198.35 Grants conditioned on adoption of
mediate the anomalies;
one-call damage prevention program.
(17) other remedial actions planned or 198.37 State one-call damage prevention
taken; program.
(18) schedule for evaluation and remedi- 198.39 Qualifications for operation of one-
ation of anomalies, justification to support call notification system.
deviation from required remediation times;
(19) risk analysis used to identify addi- AUTHORITY: 49 U.S.C. 60105, 60106, 60114; and
tional preventive or mitigative measures, 49 CFR 1.53.
records of preventive and mitigative actions SOURCE: 55 FR 38691, Sept. 20, 1990, unless
planned or taken; otherwise noted.
(20) criteria for determining EFRD instal-
lation;
(21) criteria for evaluating and modifying Subpart A—General
leak detection capability;
§ 198.1 Scope.
(22) methods used to measure the pro-
gram’s effectiveness. This part prescribes regulations gov-
VII. Conditions that may impair a pipe- erning grants-in-aid for State pipeline
line’s integrity. safety compliance programs.
Section 195.452(h) requires an operator to
evaluate and remediate all pipeline integrity § 198.3 Definitions.
issues raised by the integrity assessment or
information analysis. An operator must de-
As used in this part:
velop a schedule that prioritizes conditions Administrator means the Adminis-
discovered on the pipeline for evaluation and trator, Pipeline and Hazardous Mate-
remediation. The following are some exam- rials Safety Administration or his or
ples of conditions that an operator should her delegate.
schedule for evaluation and remediation. Adopt means establish under State
A. Any change since the previous assess- law by statute, regulation, license, cer-
ment. tification, order, or any combination of
B. Mechanical damage that is located on these legal means.
the top side of the pipe.
Excavation activity means an exca-
C. An anomaly abrupt in nature.
vation activity defined in § 192.614(a) of
D. An anomaly longitudinal in orientation.
this chapter, other than a specific ac-
E. An anomaly over a large area.
tivity the State determines would not
F. An anomaly located in or near a casing,
a crossing of another pipeline, or an area
be expected to cause physical damage
with suspect cathodic protection. to underground facilities.
Excavator means any person intend-
[Amdt. 195–70, 65 FR 75409, Dec. 1, 2000, as ing to engage in an excavation activ-
amended by Amdt. 195–74, 67 FR 1661, Jan. 14,
ity.
2002; Amdt. 195–94, 75 FR 48608, Aug. 11, 2010]
One-call notification system means a
communication system that qualifies
PARTS 196–197 [RESERVED] under this part and the one-call dam-
age prevention program of the State
PART 198—REGULATIONS FOR concerned in which an operational cen-
GRANTS TO AID STATE PIPELINE ter receives notices from excavators of
SAFETY PROGRAMS intended excavation activities and
transmits the notices to operators of
Subpart A—General underground pipeline facilities and
wreier-aviles on DSK3TPTVN1PROD with CFR
611
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