Interpretation Response #PI-17-0011
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Minnesota Office of Pipeline Safety
Individual Name: Mr. Jonathan C. Wolfgram
Location State: MN Country: US
View the Interpretation Document
Response text:
Mr. Jonathan C. Wolfgram
Chief Engineer
Minnesota Office of Pipeline Safety
445 Minnesota Street, Suite 147
Saint Paul, MN 55101-4145
Dear Mr. Wolfgram:
In a June 13, 2017, email to the Pipeline and Hazardous Materials Safety Administration (PHMSA), you requested an interpretation of 49 Code of Federal Regulations (CFR) Part 195. You specifically requested an interpretation as to the applicability of Part 195 to an intrastate pipeline that leaves a local refinery and travels to the Minneapolis St. Paul Airport.
You described the pipeline system as follows:
Flint Hills Resources, LC (FHR) L.P. operates a 10-inch diameter intrastate pipeline system within Minnesota, the FHR Airport Line, that originates at the Flint Hills Resources (FHR) Pine Bend Refinery (PBR) and terminates within a fenced area in a jet fuel storage tank facility operated by Swissport Fueling Services (Swissport) located within the property boundaries of the Metro Airport Commission (MAC) (Minneapolis St. Paul Airport (MSP)). This 13.38 miles of 10-inch diameter pipeline (FHR 10-inch Pipeline) is owned and operated by FHR, was built in 1988, and operates above 20% specified minimum yield strength (SMYS). The pipeline transports jet fuel produced that are stored in storage tanks at the FHR PBR and then transported to the jet fuel storage tanks at the MSP.
- On December 19, 2017, Koch Pipeline Company, L.P. notified PHMSA of its name change to Flint Hills Resources, LC effective December 1, 2017.
You stated the following:
- The MAC owns the pipeline system that is operated by Swissport. The pipeline crosses at least 3 roads but does not cross any water bodies.
- The regulated FHR Airport pipeline flows directly into four (4) 2.2 million gallon tanks operated by Swissport with a backflow pressure valve near the end of the FHR pipeline that directs product into the tanks in the event of overpressure. This could be interpreted as the Swissport tanks relieving surges in the regulated pipeline (breakout tanks).
- The Swissport tanks have never been regulated by PHMSA/Minnesota Office of Pipeline Safety (MNOPS).
- The Swissport pipeline system, including the four 2.2 million gallon tanks and multiple tank outlet pumps and pipelines that supply the MSP airport hydrant system is not a low-stress pipeline because it is fed by two regulated pipelines - one with maximum operating pressure (MOP) ranging from 1322 pounds per square inch gauge (psig) to 2240 psig with pipe stress at 46.31 to 60.42 percent SMYS and the other with an MOP of 720 psig with pipe stress at 30 percent SMYS.
As you stated, the regulated high-stress operating pressure FHR 10-inch pipeline appears to flow directly into four (4) 2.2 million gallon Swissport tanks with a backflow pressure valve near the end of the FHR 10-inch pipeline that directs product into the tanks in the event of overpressure, and that the Swissport tanks and associated pumps and pipelines have never been regulated by PHMSA/MNOPS.
You asked PHMSA to determine the jurisdiction for each of the following, as identified by number in Attachment A:
Origin – FHR Refinery Property on Attachment A:
1. storage tank outlet piping manifold & valve to storage tank booster pump
26. Pressure, temperature or flow meters – for Leak Detection
2. storage tank booster pump
3. storage tank booster pump outlet piping/valve to main line pump suction 1 valve inlet
4. mainline pump 1
5. filter
6. piping from filter to sump tank
7. sump tank
8. piping from sump tank to sump pump
9. sump pump
10. sump pump outlet piping to mainline pump 1 suction
11. prover loop
12. mainline pump 2
13. pig launcher isolation valve
14. pig launcher
Termination – MAC MSP Airport Property on Attachment A:
15. pig receiver
16. valve after pig receiver
17. filter
18. piping from filter to sump tank
19. sump tank
20. piping from sump tank to sump pump
21. sump pump
22. sump pump outlet piping to filter inlet
23. prover loop
24. back pressure valve (controlled by FHR controllers to control pressure in pipeline during flow conditions)
27. Pressure, temperature or flow meters – for Leak Detection
25. Airport jet fuel storage tanks and pipeline system
"Seven (7) Pipeline Segments" that Operate at unknown or above 20% SMYS on the MAC MSP airport property (operated by Swissport) – as shown on Attachment A:
- 0.57 miles of 8-inch diameter steel pipeline in publicly accessible areas
- 0.01 miles of 8-inch diameter steel pipeline in publicly accessible areas (Magellan receipt station outlet piping to tanks, shown as Segment #8 on Attachment A, "8-inch Magellan Segment #8")
- 0.47 miles of 14-inch diameter steel pipeline in publicly accessible areas
- 0.28 miles of 20-inch diameter steel pipeline in publicly accessible areas
- Note: The above four (4) pipeline segments are noted as the "4-pipeline segments" throughout this letter and total 1.3 miles of pipeline.
- Mini-Manifold and Main-Manifold and the "three (3) outgoing pipeline segments" are as noted below:
- 14-inch diameter Segment #10
- 20-inch diameter Segment #2
- 20-inch diameter Segment #1
PHMSA Reply to MNOPS Questions for the Facilities detailed on Attachment A:
Section 195.2 defines "pipeline or pipeline system" as:
[A]ll parts of a pipeline facility through which a hazardous liquid or carbon dioxide moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.
- Regarding regulatory jurisdiction, under 49 CFR, Part 195, for Items 1-14 and 26 in Attachment A (Origin Point is at the FHR Refinery Property), FHR must have over-pressure protection for maximum operating pressure control and surge pressure control at Item 13, see Attachment A.Because the FHR over-pressure control and the leak detection system is upstream of Item 13 and is located at Item 26, the piping and equipment operated by FHR from Item 26 to Item 13 are regulated under 49 CFR Part 195. The FHR 13.38-miles of 10-inch diameter pipeline (FHR 10-inch pipeline) from Item 13 to Item 16 is regulated under 49 CFR Part 195 because in accordance with Part 195.1(a), it transports "hazardous liquids or carbon dioxide associated with those facilities in or affecting interstate or foreign commerce." This regulatory requirement extends to the closest isolation valves upstream of Item 26.
- Regarding the regulatory requirement under 49 CFR Part 195, for Items 15-25 and 27 in Attachment A (Termination Point at MSP Airport Property), Items 15 through 24 and 27 are regulated under 49 CFR Part 195, because the pressure, temperature, and flow measurement for the FHR 10-inch pipeline leak detection system are located at Item 27 and is downstream of Items 15 through 24.Item 25 storage tanks, pump and pipeline system (operates above 20% SMYS) are regulated under 49 CFR Part 195, since the tanks take product from a regulated pipeline (FHR 10-inch pipeline), the outgoing MSP Airport pipelines operate at unknown SMYS ("4-pipeline segments" that total 1.3 miles), and delivers to other airport storage tanks for direct delivery to airplanes. The non-breakout MSP Airport storage tanks operated by Swissport and other fuel delivery services located entirely within the airport fence line and low pressure delivery system downstream of the “three outgoing pipeline segments” would not be regulated under 49 CFR Part 195.
- The "4-pipeline segments" operated by Swissport that fuel the MSP airport hydrant system, totaling 1.3 miles and operating at unknown or above 20% SMYS, that are accessible to the public and along public roads, that flows from Item 25, would be regulated under 49 CFR Part 195, because they are part of a pipeline system, including the FHR and Swissport-operated pipeline segment that is downstream from the product receipt station for the Magellan pipelines that operate above 20% SMYS.
- Breakout tanks are defined in § 195.1(b) as "tank[s] used to... receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline." The four (4) storage tanks (breakout tanks) on the MSP airport property (shown on Attachment A) and the "three (3) outgoing pipeline segments" (operated by Swissport with unknown or above 20% SMYS) leaving the tanks that cross public roads and are located above public light rail tunnels within the MSP airport facility are also regulated under 49 CFR Part 195.The breakout tanks receive product and are attached to two (2) upstream regulated pipelines (the FHR 10-inch and the Magellan 8-inch Segment #8 pipelines are operated by Swissport within the MSP airport fence).Therefore, the four (4) 2.2 million-gallon storage tanks on the MSP airport property that receive product from upstream regulated pipelines and deliver product to regulated downstream pipelines are regulated as breakout tanks under § 195.1(c).
If we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.
Sincerely,
John A. Gale
Director, Office of Standards
and Rulemaking
cc: Attachment A