Interpretation Response #PI-23-0002
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Illinois Commerce Commission
Individual Name: Mr. Matthew L. Harvey
Location State: IL Country: US
View the Interpretation Document
Response text:
Mr. Matthew L. Harvey
Deputy General Counsel
Office of General Counsel
Illinois Commerce Commission
160 N. La Salle St., Ste. C-800
Chicago, IL 60601
Dear Mr. Harvey:
In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated January 10, 2023, you requested an interpretation of the Federal pipeline safety regulations in 49 Code of Federal Regulations (CFR) Part 195 with respect to its applicability to a proposed carbon dioxide pipeline within the state of Illinois.
You stated a pipeline operator seeks a certificate under the Illinois Carbon Dioxide Transportation and Sequestration Act to construct a pipeline which will be used to transport carbon dioxide to a sequestration site within Illinois. You stated the applicant informed you the pipeline will be transporting at least 98 percent carbon dioxide in a fluid state and will be compressed to a supercritical state, and that the carbon dioxide will maintain the 98 percent concentration level and the fluid state throughout the pipeline system. You ask whether:
Question 1: PHMSA regulates the safety of interstate pipelines carrying shipment of carbon dioxide under 49 CFR Part 192, Part 195, or under any other statute or regulation; and
Question 2: If the answer to PHMSA's first question is yes, the extent and the frequency of safety inspections, record audits or field audits of such a pipeline.
To answer your questions the scope and definition of Part 195 for carbon dioxide are reprinted below.
The scope of 49 CFR Part 195 states:
49 CFR § 195.0 This part prescribes safety standards and reporting requirements for pipeline facilities used in the transportation of hazardous liquids or carbon dioxide.
Carbon dioxide is defined in 49 CFR § 195.2 as:
Carbon dioxide means a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state.
Based on the above scope and definition of Part 195, PHMSA' responses to your questions are as follows:
Response to Question 1: Yes, per statutory authority (49 U.S.C. § 60101 et seq.), PHMSA regulates the transportation of carbon dioxide by pipeline under 49 CFR Part 195 if the carbon dioxide consists of more than 90 percent of the composition in a supercritical state.
Response to Question 2: PHMSA uses an integrated inspection process utilizing risk information and data to better focus inspection resources on higher risk facilities and areas of concern. By using information data about a specific pipeline system, PHMSA can identify regulatory requirements that will have the highest priority during an inspection. This data-driven process allows PHMSA to focus inspection resources on regulatory provisions which address the greatest identified risks and concerns. While PHMSA serves as the federal pipeline safety regulator, pipeline operators must know, understand, and manage the risks associated with their own pipeline facilities. An operator is required to meet all applicable 49 CFR Part 195 requirements that include: annual accident and safety related condition reporting, design, construction, pressure testing, operation and maintenance, qualification of pipeline personnel, and corrosion control.
The state of Illinois is not participating in federal and state cooperative partnership for hazardous liquid (49 CFR Part 195) pipelines. Therefore, PHMSA performs the safety inspections (including design and construction of new pipelines), record audits or field audits of such pipelines within the state of Illinois. The pipeline operator is responsible for safely operating its pipelines and for meeting the 49 CFR Part 195 requirements to maintain pipeline safety.
If we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.
Sincerely,
John A. Gale
Director, Office of Standards
and Rulemaking