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Interpretation Response #PI-15-0002 ([Wacker Polysilicon North America] [Mr. Jeremy Copeland])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Wacker Polysilicon North America

Individual Name: Mr. Jeremy Copeland

Location State: TN Country: US

View the Interpretation Document

Response text:

Mr. Jeremy Copeland, CHMM
Environmental Manager
Wacker Polysilicon North America, LLC
PO Box 446
Charleston, TN 37310

Dear Mr. Copeland:

In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated January 12, 2015, you requested an interpretation of the applicability of the 49 CFR Parts 192 and 195 requirements to your pipelines.

You stated that Wacker Polysilicon North America, LLC (Wacker) is constructing a chemical plant in Charleston, TN. Included in the plant is the construction of two dedicated chemical pipelines that will transport chlorine gas and sodium hydroxide liquid from Olin Corporation (where the chemicals are manufactured) to Wacker's facility. The overall length of the aboveground pipeline for both the chlorine gas and sodium hydroxide is approximately 5,000 feet. You stated that the pipelines cross underneath a county road through an open-to-air box culvert that separates the two facilities (map provided). You asked for an interpretation as to the applicability of PHMSA regulations to your pipelines.

You stated that § 192.1 does not appear to exclude the chlorine pipeline. It is your belief that because chlorine gas is both toxic and corrosive, the chlorine pipeline may be regulated under Part 192.

As to the sodium hydroxide pipeline, you stated that § 195.1 provides exclusions and you believe § 195.1(b)(3)(ii) exempts the sodium hydroxide line because; (1) the length of line measured outside of facility grounds is less than one mile; (2) the pipeline serves a manufacturing facility; and (3) the pipeline does not cross a waterway used for commercial navigation. Therefore, it is your belief that the sodium hydroxide pipeline is not regulated under Part 195.

Part 192 prescribes minimum safety requirements for pipeline facilities and the transportation of gas, including pipeline facilities and the transportation of gas within the limits of the outer continental shelf (§ 192.1). Also, § 192.3 defines the term "gas" as natural gas, flammable gas, or gas which is toxic or corrosive. Therefore, as you stated in your request letter, the transportation of chlorine gas is regulated under Part 192 regulations.

Part 195 prescribes minimum safety standards and reporting requirements for pipeline facilities used in the transportation of hazardous liquids or carbon dioxide. Section 195.2 defines hazardous liquids as petroleum, petroleum products, or anhydrous ammonia. Therefore, transportation of hazardous liquids by pipeline that is not petroleum, petroleum products, or anhydrous ammonia (in this case sodium hydroxide) is not regulated under Part 195.

If we can be of further assistance, please contact Tewabe Asebe of my staff at 202-366-5523.



John A. Gale
Director, Office of Standards
and Rulemaking

T:/PHP-30:Interps:Open:Wacker Polysilicon-PI-15-0005-01-20-2015-Parts 192 and 195

Regulation Sections

Section Subject
192.1 What is the scope of this part?
195.1 Which pipelines are covered by this Part?