Interpretation Response #PI-21-0005
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Ms. Charlene B. Wright
Wright and Associates PLLC
3302 Canal Street, Suite 35
Houston, TX 77003
Dear Ms. Wright:
In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated May 21, 2021, you requested an interpretation of 49 CFR Part 195. Specifically, you requested an interpretation as to the applicability of § 195.1 to a physically disconnected pipeline.
You asked if a pipeline has been physically disconnected, cleaned, and purged with nitrogen, does not cross over, under or through a commercially navigable waterway, no longer transports hazardous liquids, and is not intended to be returned to service, then would that pipeline be subject to the 49 CFR Part 195 regulations.
If the pipeline is not an offshore pipeline or is an onshore pipeline that does not cross over, under or through a commercially navigable waterway, is permanently removed from service, safely disconnected from an operating pipeline system, purged of combustibles, and sealed to minimize safety and environmental hazards, then that pipeline is no longer regulated under the 49 CFR Part 195 regulations. Based on the information you provided, the §§ 195.59 and 195.402(c)(10) reporting requirements for abandoned offshore pipelines or onshore pipelines that cross over, under or through a commercially navigable waterway do not apply. However, the pipeline operator may need to confirm with the U.S. Environmental Protection Agency and the respective State regulator for any applicable compliance requirements, including reporting and proof of proper physical disconnection work requirements.
If we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.
John A. Gale
Director, Office of Standards
|§ 195.1||Which pipelines are covered by this Part?|