49 C.F.R. Subpart A—General
Title 49 - Transportation
This part prescribes safety standards and reporting requirements for pipeline facilities used in the transportation of hazardous liquids or carbon dioxide. [Amdt. 195–45, 56 FR 26925, June 12, 1991] (a) Except as provided in paragraph (b) of this section, this part applies to pipeline facilities and the transportation of hazardous liquids or carbon dioxide associated with those facilities in or affecting interstate or foreign commerce, including pipeline facilities on the Outer Continental Shelf. (b) This part does not apply to— (1) Transportation of a hazardous liquid that is transported in a gaseous state; (2) Transportation of a hazardous liquid through a pipeline by gravity; (3) Transportation through any of the following low-stress pipelines: (i) An onshore pipeline or pipeline segment that— (A) Does not transport HVL; (B) Is located in a rural area; and (C) Is located outside a waterway currently used for commercial navigation; (ii) A pipeline subject to safety regulations of the U.S. Coast Guard; or (iii) A pipeline that serves refining, manufacturing, or truck, rail, or vessel terminal facilities, if the pipeline is less than 1 mile long (measured outside facility grounds) and does not cross an offshore area or a waterway currently used for commercial navigation; (4) Transportation of petroleum in onshore gathering lines in rural areas except gathering lines in the inlets of the Gulf of Mexico subject to §195.413; (5) Transportation of hazardous liquid or carbon dioxide in offshore pipelines in State waters which are located upstream from the outlet flange of each facility where hydrocarbons or carbon dioxide are produced or where produced hydrocarbons or carbon dioxide are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream; (6) Transportation of hazardous liquid or carbon dioxide in Outer Continental Shelf pipelines which are located upstream of the point at which operating responsibility transfers from a producing operator to a transporting operator; (7) Transportation of a hazardous liquid or carbon dioxide through onshore production (including flow lines), refining, or manufacturing facilities, or storage or in-plant piping systems associated with such facilities; (8) Transportation of hazardous liquid or carbon dioxide— (i) By vessel, aircraft, tank truck, tank car, or other non-pipeline mode of transportation; or (ii) Through facilities located on the grounds of a materials transportation terminal that are used exclusively to transfer hazardous liquid or carbon dioxide between non-pipeline modes of transportation or between a non-pipeline mode and a pipeline, not including any device and associated piping that are necessary to control pressure in the pipeline under §195.406(b); and (9) Transportation of carbon dioxide downstream from the following point, as applicable: (i) The inlet of a compressor used in the injection of carbon dioxide for oil recovery operations, or the point where recycled carbon dioxide enters the injection system, whichever is farther upstream; or (ii) The connection of the first branch pipeline in the production field that transports carbon dioxide to injection wells or to headers or manifolds from which pipelines branch to injection wells. (c) Breakout tanks subject to this part must comply with requirements that apply specifically to breakout tanks and, to the extent applicable, with requirements that apply to pipeline systems and pipeline facilities. If a conflict exists between a requirement that applies specifically to breakout tanks and a requirement that applies to pipeline systems or pipeline facilities, the requirement that applies specifically to breakout tanks prevails. Anhydrous ammonia breakout tanks need not comply with §§195.132(b), 195.205(b), 195.242 (c) and (d), 195.264 (b) and (e), 195.307, 195.428 (c) and (d), and 195.432 (b) and (c). [Amdt. 195–22, 46 FR 38360, July 27, 1981] Editorial Notes: 1. For 2. The following amendment could not be incorporated into §195.1 because of inaccurate amendatory instruction. For the convenience of the user the amendatory instruction and text is set forth as follows: At 68 FR 46112, Aug. 5, 2003, §195.1 was amended by revising paragraphs (b)(5) and (6) and by adding a new paragraph (b)(7). * * * * * (b) This part does not apply to— (1) * * * (5) Transportation of hazardous liquid or carbon dioxide in offshore pipelines in State waters which are located upstream from the outlet flange of each facility where hydrocarbons or carbon dioxide are produced or where produced hydrocarbons or carbon dioxide are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream; (6) Transportation of hazardous liquid or carbon dioxide in Outer Continental Shelf pipelines which are located upstream of the point at which operating responsibility transfers from a producing operator to a transporting operator; (7) Pipelines on the Outer Continental Shelf (OCS) that are producer-operated and cross into State waters without first connecting to a transporting operator's facility on the OCS, upstream (generally seaward) of the last valve on the last production facility on the OCS. Safety equipment protecting PHMSA-regulated pipeline segments is not excluded. Producing operators for those pipeline segments upstream of the last valve of the last production facility on the OCS may petition the Administrator, or designee, for approval to operate under RSPA regulations governing pipeline design, construction, operation, and maintenance under 49 CFR 190.9. * * * * *
Title 49: Transportation
PART 195—TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
Subpart A—General
§ 195.0 Scope.
§ 195.1 Applicability.
§ 195.1 Applicability.
§ 195.2 Definitions.
As used in this part—
Abandoned means permanently removed from service.
Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate.
Barrel means a unit of measurement equal to 42 U.S. standard gallons.
Breakout tank means a tank used to (a) relieve surges in a hazardous liquid pipeline system or (b) receive and store hazardous liquid transported by a pipeline for reinjection and continued transportation by pipeline.
Carbon dioxide means a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state.
Component means any part of a pipeline which may be subjected to pump pressure including, but not limited to, pipe, valves, elbows, tees, flanges, and closures.
Computation Pipeline Monitoring (CPM) means a software-based monitoring tool that alerts the pipeline dispatcher of a possible pipeline operating anomaly that may be indicative of a commodity release.
Corrosive product means “corrosive material” as defined by §173.136 Class 8–Definitions of this chapter.
Exposed underwater pipeline means an underwater pipeline where the top of the pipe protrudes above the underwater natural bottom (as determined by recognized and generally accepted practices) in waters less than 15 feet (4.6 meters) deep, as measured from mean low water.
Flammable product means “flammable liquid” as defined by §173.120 Class 3–Definitions of this chapter.
Gathering line means a pipeline 219.1 mm (8
Gulf of Mexico and its inlets means the waters from the mean high water mark of the coast of the Gulf of Mexico and its inlets open to the sea (excluding rivers, tidal marshes, lakes, and canals) seaward to include the territorial sea and Outer Continental Shelf to a depth of 15 feet (4.6 meters), as measured from the mean low water.
Hazard to navigation means, for the purposes of this part, a pipeline where the top of the pipe is less than 12 inches (305 millimeters) below the underwater natural bottom (as determined by recognized and generally accepted practices) in waters less than 15 feet (4.6 meters) deep, as measured from the mean low water.
Hazardous liquid means petroleum, petroleum products, or anhydrous ammonia.
Highly volatile liquid or HVL means a hazardous liquid which will form a vapor cloud when released to the atmosphere and which has a vapor pressure exceeding 276 kPa (40 psia) at 37.8° C (100° F).
In-plant piping system means piping that is located on the grounds of a plant and used to transfer hazardous liquid or carbon dioxide between plant facilities or between plant facilities and a pipeline or other mode of transportation, not including any device and associated piping that are necessary to control pressure in the pipeline under §195.406(b).
Interstate pipeline means a pipeline or that part of a pipeline that is used in the transportation of hazardous liquids or carbon dioxide in interstate or foreign commerce.
Intrastate pipeline means a pipeline or that part of a pipeline to which this part applies that is not an interstate pipeline.
Line section means a continuous run of pipe between adjacent pressure pump stations, between a pressure pump station and terminal or breakout tanks, between a pressure pump station and a block valve, or between adjacent block valves.
Low-stress pipeline means a hazardous liquid pipeline that is operated in its entirety at a stress level of 20 percent or less of the specified minimum yield strength of the line pipe.
Maximum operating pressure (MOP) means the maximum pressure at which a pipeline or segment of a pipeline may be normally operated under this part.
Nominal wall thickness means the wall thickness listed in the pipe specifications.
Offshore means beyond the line of ordinary low water along that portion of the coast of the United States that is in direct contact with the open seas and beyond the line marking the seaward limit of inland waters.
Operator means a person who owns or operates pipeline facilities.
Outer Continental Shelf means all submerged lands lying seaward and outside the area of lands beneath navigable waters as defined in Section 2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
Person means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
Petroleum means crude oil, condensate, natural gasoline, natural gas liquids, and liquefied petroleum gas.
Petroleum product means flammable, toxic, or corrosive products obtained from distilling and processing of crude oil, unfinished oils, natural gas liquids, blend stocks and other miscellaneous hydrocarbon compounds.
Pipe or line pipe means a tube, usually cylindrical, through which a hazardous liquid or carbon dioxide flows from one point to another.
Pipeline or pipeline system means all parts of a pipeline facility through which a hazardous liquid or carbon dioxide moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks.
Pipeline facility means new and existing pipe, rights-of-way and any equipment, facility, or building used in the transportation of hazardous liquids or carbon dioxide.
Production facility means piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation or treating of petroleum or carbon dioxide, or associated storage or measurement. (To be a production facility under this definition, piping or equipment must be used in the process of extracting petroleum or carbon dioxide from the ground or from facilities where CO2 is produced, and preparing it for transportation by pipeline. This includes piping between treatment plants which extract carbon dioxide, and facilities utilized for the injection of carbon dioxide for recovery operations.)
Rural area means outside the limits of any incorporated or unincorpated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, or community development.
Specified minimum yield strength means the minimum yield strength, expressed in p.s.i. (kPa) gage, prescribed by the specification under which the material is purchased from the manufacturer.
Stress level means the level of tangential or hoop stress, usually expressed as a percentage of specified minimum yield strength.
Surge pressure means pressure produced by a change in velocity of the moving stream that results from shutting down a pump station or pumping unit, closure of a valve, or any other blockage of the moving stream.
Toxic product means “poisonous material” as defined by §173.132 Class 6, Division 6.1–Definitions of this chapter.
Unusually Sensitive Area (USA) means a drinking water or ecological resource area that is unusually sensitive to environmental damage from a hazardous liquid pipeline release, as identified under §195.6.
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 FR 32721, July 29, 1982, as amended by Amdt. 195–33, 50 FR 15898, Apr. 23, 1985; 50 FR 38660, Sept. 24, 1985; Amdt. 195–36, 51 FR 15007, Apr. 22, 1986; Amdt. 195–45, 56 FR 26925, June 12, 1991; Amdt. 195–47, 56 FR 63771, Dec. 5, 1991; Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. 195–52, 59 FR 33395, 33396, June 28, 1994; Amdt. 195–53, 59 FR 35471, July 12, 1994; Amdt. 195–59, 62 FR 61695, Nov. 19, 1997; Amdt. 195–62, 63 FR 36376, July 6, 1998; Amdt. 195–63, 63 FR 37506, July 13, 1998; Amdt. 195–69, 65 FR 54444, Sept. 8, 2000; Amdt. 195–71, 65 FR 80544, Dec. 21, 2000; 68 FR 11749, Mar. 12, 2003; Amdt. 195–81, 69 FR 32896, June 14, 2004; Amdt. 195–82, 69 FR 48406, Aug. 10, 2004; 70 FR 11140, Mar. 8, 2005]
§ 195.3 Incorporation by reference.
(a) Any document or portion thereof incorporated by reference in this part is included in this part as though it were printed in full. When only a portion of a document is referenced, then this part incorporates only that referenced portion of the document and the remainder is not incorporated. Applicable editions are listed in paragraph (c) of this section in parentheses following the title of the referenced material. Earlier editions listed in previous editions of this section may be used for components manufactured, designed, or installed in accordance with those earlier editions at the time they were listed. The user must refer to the appropriate previous edition of 49 CFR for a listing of the earlier editions.
(b) All incorporated materials are available for inspection in the Pipeline and Hazardous Materials Safety Administration, 400 Seventh Street, SW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These materials have been approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. In addition, materials incorporated by reference are available as follows:
1. Pipeline Research Council International, Inc. (PRCI), c/o Technical Toolboxes, 3801 Kirby Drive, Suite 520, Houston, TX 77098.
2. American Petroleum Institute (API), 1220 L Street, NW., Washington, DC 20005.
3. ASME International (ASME), Three Park Avenue, New York, NY 10016–5990.
4. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS), 127 Park Street, NE., Vienna, VA 22180.
5. American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428.
6. National Fire Protection Association (NFPA), 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269–9101.
7. NACE International, 1440 South Creek Drive, Houston, TX 77084.
(c) The full titles of publications incorporated by reference wholly or partially in this part are as follows. Numbers in parentheses indicate applicable editions:
------------------------------------------------------------------------ Source and name of referenced material 49 CFR reference------------------------------------------------------------------------A. Pipeline Research Council International, Inc. (PRCI): (1) AGA Pipeline Research Committee, § 195.452(h)(4)(B). Project PR-3-805, ``A Modified Criterion for Evaluating the Remaining Strength of Corroded Pipe,'' (December 22, 1989). The RSTRENG program may be used for calculating remaining strength.B. American Petroleum Institute (API): (1) API Specification 5L ``Specification §§ for Line Pipe,'' (43rd edition and errata, 195.106(b)(1)(i); 2004). 195.106(e). (2) API Specification 6D ``Pipeline § 195.116(d). Valves'' (22nd edition, January 2002). (3) API Specification 12F ``Specification §§ for Shop Welded Tanks for Storage of 195.132(b)(1); Production Liquids,'' (11th edition, 1994). 195.205(b)(2); 195.264(b)(1); 195.264(e)(1); 195.307(a); 195.565; 195.579(d). (4) API 510 ``Pressure Vessel Inspection §§ Code: Maintenance Inspection, Rating, 195.205(b)(3); Repair, and Alteration,'' (8th edition, 195.432(c). 1997 including Addenda 1 through 4). (5) API 620 ``Design and Construction of §§ Large, Welded, Low-Pressure Storage 195.132(b)(2); Tanks,'' (10th edition, 2002 including 195.205(b)(2); Addendum 1). 195.264(b)(1); 195.264(e)(3); 195.307(b). (6) API 650 ``Welded Steel Tanks for Oil §§ Storage,'' (10th edition, 1998 including 195.132(b)(3); Addenda 1-3). 195.205(b)(1); 195.264(b)(1); 195.264(e)(2); 195.307I; 195.307(d); 195.565; 195.579(d). (7) API Recommended Practice 651 ``Cathodic §§ 195.565; Protection of Aboveground Petroleum 195.579(d). Storage Tanks,'' (2nd edition, December 1997). (8) API Recommended Practice 652 ``Lining § 195.579(d). of Aboveground Petroleum Storage Tank Bottoms,'' (2nd edition, December 1997). (9) API 653 ``Tank Inspection, Repair, §§ Alteration, and Reconstruction,'' (3rd 195.205(b)(1); edition, 2001 including Addendum 1, 2003). 195.432(b). (10) API 1104 ``Welding of Pipelines and §§ 195.222; Related Facilities,'' (19th edition, 1999 195.228(b); 195.214(a). including October 31, 2001 errata). (11) API 1130 ``Computational Pipeline §§ 195.134; Monitoring for Liquid Pipelines,'' (2nd 195.444. edition, 2002). (12) API 2000 ``Venting Atmospheric and Low- §§ Pressure Storage Tanks,'' (5th edition, 195.264(e)(2); April 1998). 195.264(e)(3). (13) API Recommended Practice 2003 § 195.405(a). ``Protection Against Ignitions Arising Out of Static, Lightning, and Stray Currents,'' (6th edition, 1998). (14) API 2026 ``Safe Access/Egress § 195.405(b). Involving Floating Roofs of Storage Tanks in Petroleum Service,'' (2nd edition, 1998). (15) API Recommended Practice 2350 § 195.428I. ``Overfill Protection for Storage Tanks In Petroleum Facilities,'' (2nd edition, 1996). (16) API 2510 ``Design and Construction of §§ LPG Installations,'' (8th edition, 2001). 195.132(b)(3); 195.205(b)(3); 195.264(b)(2); 195.264(e)(4); 195.307(e);195.428(c); 195.432(c). (17) API Recommended Practice 1162 ``Public §§ 195.440(a); Awareness Programs for Pipeline 195.440(b); 195.440(c). Operators,'' (1st edition, December 2003).C. ASME International (ASME): (1) ASME B16.9-2003 (February 2004) § 195.118(a). ``Factory-Made Wrought Steel Butt Welding Fittings''. (2) ASME B31.4-2002 (October 2002) § 195.452(h)(4)(i). ``Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids''. (3) ASME B31G-1991 (Reaffirmed; 2004) §§ ``Manual for Determining the Remaining 195.452(h)(4)(i)(B); Strength of Corroded Pipelines''. 195.452(h)(4)(iii)(D). (4) ASME B31.8-2003 (February 2004) ``Gas §§ Transmission and Distribution Piping 195.5(a)(1)(i); Systems''. 195.406(a)(1)(i). (5) ASME Boiler and Pressure Vessel Code, §§ 195.124; Section VIII, Division 1 ``Rules for 195.307(e). Construction of Pressure Vessels,'' (2004 edition, including addenda through July 1, 2005). (6) ASME Boiler and Pressure Vessel Code, § 195.307(e). Section VIII, Division 2 ``Rules for Construction for Pressure Vessels_Alternative Rules,'' (2004 edition, including addenda through July 1, 2005). (7) ASME Boiler and Pressure Vessel Code, § 195.222. Section IX ``Welding and Brazing Qualifications,'' (2004 edition, including addenda through July 1, 2005).D. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS): (1) MSS SP-75-2004 ``Specification for High § 195.118(a). Test Wrought Butt Welding Fittings''. (2) [Reserved]............................. .........................E. American Society for Testing and Materials (ASTM): (1) ASTM A53/A53M-04a (2004) ``Standard § 195.106(e). Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless''. (2) ASTM A106/A106M-04b (2004) ``Standard § 195.106(e). Specification for Seamless Carbon Steel Pipe for High-Temperature Service''. (3) ASTM A333/A333M-05 ``Standard § 195.106(e). Specification for Seamless and Welded Steel Pipe for Low-Temperature Service''. (4) ASTM A381-96 (Reapproved 2001) § 195.106(e). ``Standard Specification for Metal-Arc- Welded Steel Pipe for Use With High- Pressure Transmission Systems''. (5) ASTM A671-04 (2004) ``Standard § 195.106(e). Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures''. (6) ASTM A672-96 (Reapproved 2001) § 195.106(e). ``Standard Specification for Electric- Fusion-Welded Steel Pipe for High-Pressure Service at Moderate Temperatures.''. (7) ASTM A691-98 (Reapproved 2002) § 195.106(e). ``Standard Specification for Carbon and Alloy Steel Pipe Electric-Fusion-Welded for High-Pressure Service at High Temperatures.''.F. National Fire Protection Association (NFPA): (1) NFPA 30 (2003) ``Flammable and § 195.264(b)(1). Combustible Liquids Code''. (2) [Reserved].............................G. NACE International (NACE): (1) NACE Standard RP0169-2002 ``Control of §§ 195.571; External Corrosion on Underground or 195.573. Submerged Metallic Piping Systems''. (2) NACE Standard RP0502-2002 ``Pipeline § 195.588. External Corrosion Direct Assessment Methodology''.------------------------------------------------------------------------
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[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 FR 32721, July 29, 1982, as amended by Amdt. 195–32, 49 FR 36860, Sept. 20, 1984; 58 FR 14523, Mar. 18, 1993; Amdt. 195–52, 59 FR 33396, June 28, 1994; Amdt. 195–56, 61 FR 26123, May 24, 1996; 61 FR 36826, July 15, 1996; Amdt. 195–61, 63 FR 7723, Feb. 17, 1998; Amdt. 195–62, 63 FR 36376, July 6, 1998; Amdt. 195–66, 64 FR 15934, Apr. 2, 1999; 65 FR 4770, Feb. 1, 2000; Amdt. 195–73, 66 FR 67004, Dec. 27, 2001; 69 FR 18803, Apr. 9, 2004; Amdt. 195–81, 69 FR 32896, June 14, 2004; 70 FR 11140, Mar. 8, 2005; Amdt. 195–84, 70 FR 28842, May 19, 2005; Amdt. 195–85, 70 FR 61576, Oct. 25, 2005; Amdt. 195–86, 71 FR 33409, June 9, 2006] § 195.4 Compatibility necessary for transportation of hazardous liquids or carbon dioxide.No person may transport any hazardous liquid or carbon dioxide unless the hazardous liquid or carbon dioxide is chemically compatible with both the pipeline, including all components, and any other commodity that it may come into contact with while in the pipeline. [Amdt. 195–45, 56 FR 26925, June 12, 1991] § 195.5 Conversion to service subject to this part.(a) A steel pipeline previously used in service not subject to this part qualifies for use under this part if the operator prepares and follows a written procedure to accomplish the following: (1) The design, construction, operation, and maintenance history of the pipeline must be reviewed and, where sufficient historical records are not available, appropriate tests must be performed to determine if the pipeline is in satisfactory condition for safe operation. If one or more of the variables necessary to verify the design pressure under §195.106 or to perform the testing under paragraph (a)(4) of this section is unknown, the design pressure may be verified and the maximum operating pressure determined by— (i) Testing the pipeline in accordance with ASME B31.8, Appendix N, to produce a stress equal to the yield strength; and (ii) Applying, to not more than 80 percent of the first pressure that produces a yielding, the design factor F in §195.106(a) and the appropriate factors in §195.106(e). (2) The pipeline right-of-way, all aboveground segments of the pipeline, and appropriately selected underground segments must be visually inspected for physical defects and operating conditions which reasonably could be expected to impair the strength or tightness of the pipeline. (3) All known unsafe defects and conditions must be corrected in accordance with this part. (4) The pipeline must be tested in accordance with subpart E of this part to substantiate the maximum operating pressure permitted by §195.406. (b) A pipeline that qualifies for use under this section need not comply with the corrosion control requirements of subpart H of this part until 12 months after it is placed into service, notwithstanding any previous deadlines for compliance. (c) Each operator must keep for the life of the pipeline a record of the investigations, tests, repairs, replacements, and alterations made under the requirements of paragraph (a) of this section. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–52, 59 FR 33396, June 28, 1994; Amdt. 195–173, 66 FR 67004, Dec. 27, 2001] § 195.6 Unusually Sensitive Areas (USAs).As used in this part, a USA means a drinking water or ecological resource area that is unusually sensitive to environmental damage from a hazardous liquid pipeline release. (a) An USA drinking water resource is: (1) The water intake for a Community Water System (CWS) or a Non-transient Non-community Water System (NTNCWS) that obtains its water supply primarily from a surface water source and does not have an adequate alternative drinking water source; (2) The Source Water Protection Area (SWPA) for a CWS or a NTNCWS that obtains its water supply from a Class I or Class IIA aquifer and does not have an adequate alternative drinking water source. Where a state has not yet identified the SWPA, the Wellhead Protection Area (WHPA) will be used until the state has identified the SWPA; or (3) The sole source aquifer recharge area where the sole source aquifer is a karst aquifer in nature. (b) An USA ecological resource is: (1) An area containing a critically imperiled species or ecological community; (2) A multi-species assemblage area; (3) A migratory waterbird concentration area; (4) An area containing an imperiled species, threatened or endangered species, depleted marine mammal species, or an imperiled ecological community where the species or community is aquatic, aquatic dependent, or terrestrial with a limited range; or (5) An area containing an imperiled species, threatened or endangered species, depleted marine mammal species, or imperiled ecological community where the species or community occurrence is considered to be one of the most viable, highest quality, or in the best condition, as identified by an element occurrence ranking (EORANK) of A (excellent quality) or B (good quality). (c) As used in this part— Adequate Alternative Drinking Water Source means a source of water that currently exists, can be used almost immediately with a minimal amount of effort and cost, involves no decline in water quality, and will meet the consumptive, hygiene, and fire fighting requirements of the existing population of impacted customers for at least one month for a surface water source of water and at least six months for a groundwater source. Aquatic or Aquatic Dependent Species or Community means a species or community that primarily occurs in aquatic, marine, or wetland habitats, as well as species that may use terrestrial habitats during all or some portion of their life cycle, but that are still closely associated with or dependent upon aquatic, marine, or wetland habitats for some critical component or portion of their life-history (i.e., reproduction, rearing and development, feeding, etc). Class I Aquifer means an aquifer that is surficial or shallow, permeable, and is highly vulnerable to contamination. Class I aquifers include: (1) Unconsolidated Aquifers (Class Ia) that consist of surficial, unconsolidated, and permeable alluvial, terrace, outwash, beach, dune and other similar deposits. These aquifers generally contain layers of sand and gravel that, commonly, are interbedded to some degree with silt and clay. Not all Class Ia aquifers are important water-bearing units, but they are likely to be both permeable and vulnerable. The only natural protection of these aquifers is the thickness of the unsaturated zone and the presence of fine-grained material; (2) Soluble and Fractured Bedrock Aquifers (Class Ib). Lithologies in this class include limestone, dolomite, and, locally, evaporitic units that contain documented karst features or solution channels, regardless of size. Generally these aquifers have a wide range of permeability. Also included in this class are sedimentary strata, and metamorphic and igneous (intrusive and extrusive) rocks that are significantly faulted, fractured, or jointed. In all cases groundwater movement is largely controlled by secondary openings. Well yields range widely, but the important feature is the potential for rapid vertical and lateral ground water movement along preferred pathways, which result in a high degree of vulnerability; (3) Semiconsolidated Aquifers (Class Ic) that generally contain poorly to moderately indurated sand and gravel that is interbedded with clay and silt. This group is intermediate to the unconsolidated and consolidated end members. These systems are common in the Tertiary age rocks that are exposed throughout the Gulf and Atlantic coastal states. Semiconsolidated conditions also arise from the presence of intercalated clay and caliche within primarily unconsolidated to poorly consolidated units, such as occurs in parts of the High Plains Aquifer; or (4) Covered Aquifers (Class Id) that are any Class I aquifer overlain by less than 50 feet of low permeability, unconsolidated material, such as glacial till, lacustrian, and loess deposits. Class IIa aquifer means a Higher Yield Bedrock Aquifer that is consolidated and is moderately vulnerable to contamination. These aquifers generally consist of fairly permeable sandstone or conglomerate that contain lesser amounts of interbedded fine grained clastics (shale, siltstone, mudstone) and occasionally carbonate units. In general, well yields must exceed 50 gallons per minute to be included in this class. Local fracturing may contribute to the dominant primary porosity and permeability of these systems. Community Water System (CWS) means a public water system that serves at least 15 service connections used by year-round residents of the area or regularly serves at least 25 year-round residents. Critically imperiled species or ecological community (habitat) means an animal or plant species or an ecological community of extreme rarity, based on The Nature Conservancy's Global Conservation Status Rank. There are generally 5 or fewer occurrences, or very few remaining individuals (less than 1,000) or acres (less than 2,000). These species and ecological communities are extremely vulnerable to extinction due to some natural or man-made factor. Depleted marine mammal species means a species that has been identified and is protected under the Marine Mammal Protection Act of 1972, as amended (MMPA) (16 U.S.C. 1361 et seq.). The term “depleted” refers to marine mammal species that are listed as threatened or endangered, or are below their optimum sustainable populations (16 U.S.C. 1362). The term “marine mammal” means “any mammal which is morphologically adapted to the marine environment (including sea otters and members of the orders Sirenia, Pinnipedia, and Cetacea), or primarily inhabits the marine environment (such as the polar bear)” (16 U.S.C. 1362). The order Sirenia includes manatees, the order Pinnipedia includes seals, sea lions, and walruses, and the order Cetacea includes dolphins, porpoises, and whales. Ecological community means an interacting assemblage of plants and animals that recur under similar environmental conditions across the landscape. Element occurrence rank (EORANK) means the condition or viability of a species or ecological community occurrence, based on a population's size, condition, and landscape context. EORANKs are assigned by the Natural Heritage Programs. An EORANK of A means an excellent quality and an EORANK of B means good quality. Imperiled species or ecological community (habitat) means a rare species or ecological community, based on The Nature Conservancy's Global Conservation Status Rank. There are generally 6 to 20 occurrences, or few remaining individuals (1,000 to 3,000) or acres (2,000 to 10,000). These species and ecological communities are vulnerable to extinction due to some natural or man-made factor. Karst aquifer means an aquifer that is composed of limestone or dolomite where the porosity is derived from connected solution cavities. Karst aquifers are often cavernous with high rates of flow. Migratory waterbird concentration area means a designated Ramsar site or a Western Hemisphere Shorebird Reserve Network site. Multi-species assemblage area means an area where three or more different critically imperiled or imperiled species or ecological communities, threatened or endangered species, depleted marine mammals, or migratory waterbird concentrations co-occur. Non-transient Non-community Water System (NTNCWS) means a public water system that regularly serves at least 25 of the same persons over six months per year. Examples of these systems include schools, factories, and hospitals that have their own water supplies. Public Water System (PWS) means a system that provides the public water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. These systems include the sources of the water supplies—i.e., surface or ground. PWS can be community, non-transient non-community, or transient non-community systems. Ramsar site means a site that has been designated under The Convention on Wetlands of International Importance Especially as Waterfowl Habitat program. Ramsar sites are globally critical wetland areas that support migratory waterfowl. These include wetland areas that regularly support 20,000 waterfowl; wetland areas that regularly support substantial numbers of individuals from particular groups of waterfowl, indicative of wetland values, productivity, or diversity; and wetland areas that regularly support 1% of the individuals in a population of one species or subspecies of waterfowl. Sole source aquifer (SSA) means an area designated by the U.S. Environmental Protection Agency under the Sole Source Aquifer program as the “sole or principal” source of drinking water for an area. Such designations are made if the aquifer's ground water supplies 50% or more of the drinking water for an area, and if that aquifer were to become contaminated, it would pose a public health hazard. A sole source aquifer that is karst in nature is one composed of limestone where the porosity is derived from connected solution cavities. They are often cavernous, with high rates of flow. Source Water Protection Area (SWPA) means the area delineated by the state for a public water supply system (PWS) or including numerous PWSs, whether the source is ground water or surface water or both, as part of the state source water assessment program (SWAP) approved by EPA under section 1453 of the Safe Drinking Water Act. Species means species, subspecies, population stocks, or distinct vertebrate populations. Terrestrial ecological community with a limited range means a non-aquatic or non-aquatic dependent ecological community that covers less than five (5) acres. Terrestrial species with a limited range means a non-aquatic or non-aquatic dependent animal or plant species that has a range of no more than five (5) acres. Threatened and endangered species (T&E) means an animal or plant species that has been listed and is protected under the Endangered Species Act of 1973, as amended (ESA73) (16 U.S.C. 1531 et seq.). “Endangered species” is defined as “any species which is in danger of extinction throughout all or a significant portion of its range” (16 U.S.C. 1532). “Threatened species” is defined as “any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range” (16 U.S.C. 1532). Transient Non-community Water System (TNCWS) means a public water system that does not regularly serve at least 25 of the same persons over six months per year. This type of water system serves a transient population found at rest stops, campgrounds, restaurants, and parks with their own source of water. Wellhead Protection Area (WHPA) means the surface and subsurface area surrounding a well or well field that supplies a public water system through which contaminants are likely to pass and eventually reach the water well or well field. Western Hemisphere Shorebird Reserve Network (WHSRN) site means an area that contains migratory shorebird concentrations and has been designated as a hemispheric reserve, international reserve, regional reserve, or endangered species reserve. Hemispheric reserves host at least 500,000 shorebirds annually or 30% of a species flyway population. International reserves host 100,000 shorebirds annually or 15% of a species flyway population. Regional reserves host 20,000 shorebirds annually or 5% of a species flyway population. Endangered species reserves are critical to the survival of endangered species and no minimum number of birds is required. [Amdt. 195–71, 65 FR 80544, Dec. 21, 2000] § 195.8 Transportation of hazardous liquid or carbon dioxide in pipelines constructed with other than steel pipe.No person may transport any hazardous liquid or carbon dioxide through a pipe that is constructed after October 1, 1970, for hazardous liquids or after July 12, 1991 for carbon dioxide of material other than steel unless the person has notified the Administrator in writing at least 90 days before the transportation is to begin. The notice must state whether carbon dioxide or a hazardous liquid is to be transported and the chemical name, common name, properties and characteristics of the hazardous liquid to be transported and the material used in construction of the pipeline. If the Administrator determines that the transportation of the hazardous liquid or carbon dioxide in the manner proposed would be unduly hazardous, he will, within 90 days after receipt of the notice, order the person that gave the notice, in writing, not to transport the hazardous liquid or carbon dioxide in the proposed manner until further notice. [Amdt. 195–45, 56 FR 26925, June 12, 1991, as amended by Amdt. 195–50, 59 FR 17281, Apr. 12, 1994] § 195.9 Outer continental shelf pipelines.Operators of transportation pipelines on the Outer Continental Shelf must identify on all their respective pipelines the specific points at which operating responsibility transfers to a producing operator. For those instances in which the transfer points are not identifiable by a durable marking, each operator will have until September 15, 1998 to identify the transfer points. If it is not practicable to durably mark a transfer point and the transfer point is located above water, the operator must depict the transfer point on a schematic maintained near the transfer point. If a transfer point is located subsea, the operator must identify the transfer point on a schematic which must be maintained at the nearest upstream facility and provided to PHMSA upon request. For those cases in which adjoining operators have not agreed on a transfer point by September 15, 1998 the Regional Director and the MMS Regional Supervisor will make a joint determination of the transfer point. [Amdt. 195–59, 62 FR 61695, Nov. 19, 1997, as amended at 70 11140, Mar. 8, 2005] § 195.10 Responsibility of operator for compliance with this part.An operator may make arrangements with another person for the performance of any action required by this part. However, the operator is not thereby relieved from the responsibility for compliance with any requirement of this part. Browse Next |
