Interpretation Response #PI-10-0007 ([City of LaGrange] [Mr. Patrick Bowie])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: City of LaGrange
Individual Name: Mr. Patrick Bowie
Country: US
View the Interpretation Document
Response text:
August 10, 2010
Mr. Patrick Bowie
Director of Utilities
City of LaGrange
P.O. Box 430 LaGrange, GA 30241
Dear Mr. Bowie:
In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated May 6, 2010, 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 in the City of LaGrange, Georgia. You stated that your collection system is typical of most systems and consists of perforated vertical and horizontal pipes installed throughout the landfill cells and connected through a series of wellheads, headers, and lateral pipes to a blower which removes the landfill gas by placing a small vacuum on the system. You stated that a portion of the gas is directed to a flare with the remaining volume being compressed, chilled, filtered, and reheated for use as boiler fuel by two local industrial customers.
You mention PHMSA's interpretation letter #PI-92-01 O. You stated that letter states" ... in a landfill system, the vacuum lines and compressor station are used to extract gas from the landfill. These facilities are, therefore, production facilities, and are not subject to Part 192 ... " You stated that you have received contrary opinions through a recent email from my staff.
Between September and October 2009, you explained the characteristics of your pipeline as follows:
- In service date of October 2005,
- SDRll polyethylene pipe with diameters of 6, 4, and 2 inches, operating pressure of 35 to 45 psi,
- the gas is delivered to three large customers, and
- the three large customers are not downstream from a distribution center.
Since your May 6, 2010, letter does not provide any new information regarding the characteristics of your pipeline (other than two instead of three large customers), we assume the characteristics have not changed. Therefore, our October 7,2009, response to your request remains unchanged. That is, the pipeline downstream from your compressor station is a transmission line under § 192.3 because the pipeline serves large volume customer and the pipeline is not downstream from a distribution center.
Regarding interpretation letter #PI-92-010 -the definition given for transmission line in that interpretation is: " ... 'transmission ofgas' as 'the gathering, transmission, or distribution ofgas by pipeline or the storage ofgas, in or affecting interstate or foreign commerce. '" However, our email determination was based on a revised definition for transmission line that provides, in part: "Transmission line means a pipeline, other than a gathering line, that: (l) Transports gas from a gathering line or storage facility to '" large volume customer that is not down-stream from a distribution center." The definition oftransmission line did not include large volume customer until the 1996 edition of49 CFR Part 192. Therefore, we do not see contradiction between these two interpretations.
In your most recent correspondence, you requested that we affirm, clarify, or rescind PL-92-0 10. It is not the policy ofthis office to rescind previously issued interpretation letters. They are retained for historical purposes; however, previously issued letters may be affected by policy changes, technology changes, or rulemaking activities, as is the case here. The Final Rule for Gas Gathering Line Definition; Alternative Definition for Onshore Lines and New Safety Standards [71 FR 13289] was published on March 15,2006, changing the agency's approach from that which was employed in the early 1990's.
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 ofRegulations
cc: Danny L. McGriff Director, Facilities Protection Unit Georgia Public Service Commission