Interpretation Response #PI-09-0012 ([WestPac Pipelines] [Mr. Adam F. Kovacs])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: WestPac Pipelines
Individual Name: Mr. Adam F. Kovacs
Country: US
View the Interpretation Document
Response text:
August 11, 2009
Mr. Adam F. Kovacs
Environmental Coordinator
WestPac Pipelines
2355 Main Street, Suite 210
Irvine, CA 92614
Dear Mr. Kovacs:
On January 9, 2009, and February 10,2009, you wrote to the Pipeline and Hazardous Materials Safety Administration (PHMSA) to request an interpretation of the applicability of the Federal pipeline safety regulations in 49 CFR Part 195 to your underground jet fuel filter sump tank at the San Diego Airport Terminal. You provided the following information:
1. The jet fuel filter sump tank is located at the 10th Avenue Marine Terminal, 961 East Harbor Drive in San Diego, California, and is operated by Jankovich Company but owned by WestPac Pipe Lines - San Diego LLC (Buckeye).
2. Until November 26, 2008, the above mentioned sump tank had been regulated by the California Office of the State Fire Marshal (OSFM) under the authority of the California State Code Section 51010 and in the OSFM' s capacity as an agent for PHMSA in enforcing the pipeline safety regulations in 49 CFR Part 195.
3. A question regarding jurisdictional authority for the jet fuel filter sump tank arose during a November 26, 2008, County of San Diego compliance inspection at the Jankovich Company's facility.
4. The County of San Diego inspection resulted in the County requesting you do one of the following two things by January 25, 2009:
" Provide current evidence that this sump tank is regulated by OSFM and subject to the 49 CFR Part 195 regulations; or
" Provide tank information on updated forms in order to register the sump tank as a County regulated underground tank.
5. Previously, in the fall of2001, the County of San Diego conducted an inspection of the jet fuel filter sump tank, and the OSFM formally took the position that the subject sump tank served a breakout function to the pipeline and consequently was under OSFM jurisdiction. However, since the November 26, 2008, inspection you stated that OSFM changed its view and no longer believes that this sump tank should be regulated as a breakout tank.
6. The sump tank receives overpressure-generated product (pressure relief) from the filter system. The filter system and the subject tank are integral components of the pipeline system.
7. The sump tank stores hazardous liquid (jet fuel), which is temporarily transported to an aboveground breakout tank (also part of the pipeline system), and subsequently reinjected into another pipeline segment (in via pipeline, out via pipeline). The aboveground breakout tank that the jet fuel filter sump tank empties into is a part of the pipeline system as well.
You expressed your view that the jet fuel filter sump is a pipeline regulated tank under 49 CFR Part 195 and therefore should be regulated by the OSFM. You ask that PHMSA make an official determination of whether or not this tank is subject to the Part 195 regulations. Based on the information you provided, PHMSA's determination is that the jet fuel filter sump tank is equipment used in the transportation of hazardous liquids. Therefore, the jet fuel filter sump tank is a pipeline facility and is subject to all applicable 49 CFR Part 195 requirements including corrosion control, integrity management, and personnel qualification and OSFM is currently responsible for regUlating the tank.
I hope that this information is helpful to you. If I can further assist you with this or any other pipeline safety regulatory matter, please contact me at (202) 366-4046.
Sincerely,
John A. Gale
Director, Office of Regulations