Interpretation Response #PI-13-0006 ([Ms. Shelley Ragsdale])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Ms. Shelley Ragsdale
Location State: TX Country: US
View the Interpretation Document
Response text:
Ms. Shelley Ragsdale
15410 Baybrook Drive
Houston, TX 77062
Dear Ms. Ragsdale:
In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated May 13, 2013, you requested an interpretation of the applicability of the Federal pipeline safety regulations at 49 CFR Part 194. Specifically, you requested whether the § 194.101 response plan requirements apply to intrastate pipelines. You acknowledged that § 194.101 does not specifically exclude operators of intrastate onshore pipeline facilities from preparing and submitting a response plan to PHMSA. However, it is your understanding that it is commonly accepted in the pipeline industry that only interstate pipelines need to submit the response plans.
The purpose of Part 194 is to reduce the environmental impact of oil discharge from onshore oil pipeline spills (§ 194.1). Part 194 applies to an operator of an onshore oil pipeline that, because of its location, could reasonably be expected to cause significant and substantial harm to the environment by discharging oil into or on any navigable waters of the United States or adjoining shorelines (§ 194.3). Section 194.3 does not exclude intrastate pipelines from the § 194.101 requirements. Therefore, intrastate onshore oil pipelines are subject to Part 194 unless they qualify for an exception under § 194.101(b).
If we can be of further assistance, please contact Tewabe Asebe of my staff at (202) 366-5523.
Sincerely,
John A. Gale
Director, Office of Standards and Rulemaking
TAsebe:jmd:64046:09-19-13
Edits:LWhite:jmd:10-29-13
cc:PHP-30:OfficialFile:Sharepoint:Website
T:/PHP-30:Interps:Open:ShelleyRagsdale:PI-13-0006:05-13-13
The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations.
Regulation Sections
| Section | Subject |
|---|---|
| 194.101 | Operators required to submit plans |