Interpretation Response #PI-03-0107 ([DOT Compliance Coordinator Enterprise Products Operating L.P.] [Mr. Mark J. Cartwright])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: DOT Compliance Coordinator Enterprise Products Operating L.P.
Individual Name: Mr. Mark J. Cartwright
Location State: TX Country: US
View the Interpretation Document
Response text:
PI-03-0107
Mr. Mark J. Cartwright
DOT Compliance Coordinator Enterprise Products Operating L.P. P.O. Box 4324
Houston, TX 77210-4324
Dear Mr. Cartwright:
This is in response to your letter of September 2, 2003, in which you request an interpretation of "whether a pipeline operator is required under 49 CFR 195.54(b) to submit a Form 7000-1 for a release of a hazardous liquid in excess of 5 barrels when such a release occurs solely in connection with operator-controlled maintenance activity and is not connected with any pipeline failure or accident."
Section 195.54 requires hazardous liquid pipeline operators to report all accidents meeting the requirements of § 195.50 on DOT Form 7000-1. An accident is an event, usually of a negative nature, that takes place without one's foresight, expectation, or effective control. An accident report is required "for each failure of a pipeline system . . . in which there is a release of hazardous liquid . . .."
A failure of a pipeline system would include unintended releases during maintenance of a pipeline if the release meets the requirements of § 195.50. This section requires that a release of hazardous liquid from a pipeline must be reported if it results in:
- explosion or fire not intentionally set by the operator,
- death of any person,
- injury requiring hospitalization,
- estimated property damage exceeding $50,000, OR
- release of 5 gallons or more, unless the release is less than 5 barrels and is — not otherwise reportable,
— confined to company property or right-of-way, AND
— cleaned up promptly.
If a release occurs during maintenance activities and is of a magnitude reasonably expected as a result of such maintenance, the release is NOT the result of a pipeline failure, and is therefore not reportable as an accident under § 195.54 if it is promptly cleaned up. Therefore, under the current regulations, a planned release of 5 barrels or more of hazardous liquid resulting from maintenance activity is not reportable, unless it meets one of the report ability criteria in § 195.50.
If you have any further questions about the pipeline safety regulations, please contact me at (202) 366-4565.
Sincerely,
Richard D. Huriaux, P.E. Manager, Regulations Office of Pipeline Safety
Regulation Sections
| Section | Subject |
|---|---|
| 195.50 | Reporting accidents |