Interpretation Response #PI-09-0010 ([Viridis Clean Energy Group] [Luong Nguyen])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Viridis Clean Energy Group
Individual Name: Luong Nguyen
Country: US
View the Interpretation Document
Response text:
July 14, 2009
Viridis Clean Energy Group
Luong Nguyen
General Manager
7500 San Felipe, Suite 600
Houston, TX 77063
Dear Mr. Nguyen:
In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated February 5, 2009, you requested an interpretation regarding the applicability of 49 CFR Part 192 of the Federal pipeline safety regulations to a pipeline used to transport landfill gas (methane) in Los Angeles County, California. You stated that the pipeline runs between Bradley Landfill and Penrose Landfill Gas to Energy Power Plant (LFGTE). You stated that the pipeline starts from Bradley Landfill to Valley Power Station which is owned by Los Angeles Department of Water and Power (LADWP). Then it continues to Sheldon Arleta Landfill. Finally, the pipeline delivers the gas to LFGTE for electricity generation. You stated that the pipeline is about five miles in length with varying diameter ranging from eight inches to ten inches and is constructed of sections of fiberglass, steel and high density polyethylene (HDPE) piping materials.
Pursuant to Chapter 601, Title 49, United States Code, PHMSA has established design, construction, operation, and maintenance standards and regulations for transportation of natural and other gas pipelines and has responsibility for enforcing these requirements.
The Part 192 regulations include requirements for:
" Maintaining construction records, material information, pressure testing records, survey records, joining/welding procedures.
" Corrosion control and records.
" Ensuring piping and components used in the system are compatible with the constituents in the gas stream.
" Removal of byproducts that have the potential to damage the piping.
" Odorization of gas.
" Public education (i.e., is the public aware of the smell of the natural odor?)
" ASTM D-2517 standard requirements for fiberglass piping.
" ASTM D-2513 standard requirements for HDPE piping.
You requested an interpretation for the following:
(i). Is the abovementioned pipeline from the LFG Delivery Point to the Penrose LFGTE Plant subject to 49 CFR Part 192?
(ii). Specifically, does the abovementioned pipeline satisfy the exclusion criteria provided in 49 CFR Part 192.1 (b)( 5)(ii)?
(iii). If the pipe is subject to 49 CFR Part 192, would the pipe meet the criteria of a gathering line, transmission line, distribution line or service line as defined in 49 CFR Part 192.3?
(iv). Would the section of the pipeline within the LADWP compound be considered internal process piping and, therefore, falls outside the definition of transmission line, distribution line or service line as defined in 49 CFR Part 192? Based on the information you provided, our responses to your interpretation requests are as follows:
(i). Yes, the above-described pipeline is subject to 49 CFR Part 192.
(ii). No, the pipeline does not meet the exclusion under § 192.1 (b )(5)(ii) because the pipeline is not located entirely on the customer's premises. Moreover, § 192. 1 (b)(5)(ii) applies only to transportation of petroleum gas or petroleum gas/air mixture but in this case, the pipeline transports methane gas.
(iii). The pipeline meets the definition of a transmission line under § 192.3.
(iv). Without a field review of the LADWP facility, a determination cannot be made regarding facility piping at this time. In general, however, the demarcation point between a pipeline and facility piping is the device where pressure control is transferred from the pipeline to the facility piping such that facility operations can no longer affect the pipeline pressure. As we understand your letter, the pipeline simply crosses the LADWP facility (i.e., the facility does not have equipment for use or storage of any gas). Therefore, there is no pressure control device and it appears the section crossing the LADWP facility remains within the definition of a transmission line.
I hope that this information is helpful to you. If I can be of further assistance, please contact me at (202) 366-4046.
Sincerely,
John A. Gale
Director, Office of Regulations