[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Rules and Regulations]
[Pages 10950-10961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-3799]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 193
[Docket No. RSPA-97-3002; Amdt. 193-17]
RIN 2137-AD11
Pipeline Safety: Incorporation of Standard NFPA 59A in the
Liquefied Natural Gas Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule incorporates by reference an industry
consensus standard for liquefied natural gas (LNG) facilities subject
to the pipeline safety regulations. This standard, developed by the
National Fire Protection Association (NFPA), specifies siting, design,
construction, equipment, and fire protection requirements that apply to
new LNG facilities and to existing facilities that have been replaced,
relocated, or significantly altered. All new, replaced, relocated, and
significantly altered facilities are also subject to the new operating
and maintenance requirements, and all other requirements specified in
this rule, as well as the unchanged portions of the regulations. The
fire protection requirements also apply to existing LNG facilities. The
incorporation by reference of this standard will allow the LNG industry
to use the latest technology, materials, and practices while
maintaining the current level of safety.
DATES: This final rule takes effect March 31, 2000. The incorporation
by reference of certain publications listed in the regulations is
approved by the Director of the Federal Register as of March 31, 2000.
FOR FURTHER INFORMATION CONTACT: Mike Israni, (202) 366-4571, or by e-
mail: mike.israni@rspa.dot.gov, regarding the subject matter of this
final rule, or the Dockets Facility (202) 366-9329, for copies of this
final rule or other material in the docket. All materials in this
docket may be accessed electronically at http://dms.dot.gov. General
information about the RSPA/Office of Pipeline Safety programs can be
obtained by accessing OPS's Internet home page at http://ops.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 26, 1996, the NFPA petitioned RSPA to replace substantive
portions of 49 CFR Part 193 with ANSI/NFPA 59A (1996 edition), titled
``Standards for the Production, Storage
[[Page 10951]]
and Handling of Liquefied Natural Gas (LNG)''. The petition
specifically recommends removing the Subparts on siting, design,
construction, equipment, and fire protection, and instead referencing
chapters 1 through 9 of ANSI/NFPA 59A (1996 edition). The petition
recommends retaining, with minor changes, the Subparts on operation,
maintenance, personnel qualification and training, and security.
The current Federal safety standards for LNG facilities were
developed as a requirement of the Pipeline Safety Act of 1979, now re-
codified in 49 United States Code Section 60103. In 1979, Congress
determined that the public would be better served if the U.S.
Department of Transportation (DOT) developed its own standards for the
LNG industry. Prior to July 1, 1976, no Federal standards for LNG
facilities existed. The current standard, which addresses LNG
facilities used in gas pipeline transportation, was issued as a Final
Rule on February 11, 1980 [45 FR 9203] and now appears at 49 CFR Part
193. Between July 1, 1976, and February 11, 1980, LNG facilities were
required to comply with ANSI/NFPA 59A (1972 edition) and Part 192.
A report issued on July 31, 1978, by the General Accounting Office
titled ``Liquefied Energy Gases'' highlighted some of the safety
concerns in the transportation and storage of LNG. Foremost among those
were: (1) protection of persons and property near an LNG facility from
thermal radiation caused by ignition of a major spill of LNG, (2)
protection of persons and property near an LNG facility from dispersion
and delayed ignition of a natural gas cloud arising from a major spill
of LNG, and (3) reduction of the potential for a catastrophic spill of
LNG.
RSPA identified many deficiencies in the pre-1980 LNG standards
which needed to be corrected to reduce the potential for a major spill
of LNG and provide an acceptable level of safety. Because of the
difference in format and the need for regulatory language to facilitate
enforcement, a few sections of ANSI/NFPA 59A were rewritten for their
adoption in Part 193.
There have been significant changes in the ANSI/NFPA 59A since
1980. The 1996 edition of the ANSI/NFPA 59A includes the latest
developments in LNG facility design and safety. Many of these
developments have not been incorporated into current Part 193. The
format and language of the ANSI/NFPA 59A has also changed
significantly, over the years, to facilitate enforcement. ANSI/NFPA 59A
is revised on a regular basis, and the revision process includes input
from a wide variety of experts and a broad representation of interests.
RSPA has been very active in incorporating by reference voluntary
consensus standards in its pipeline safety regulations. RSPA has
participated for many years on several voluntary committees that
develop consensus standards, including the ANSI/NFPA 59A technical
committee. The existing Part 193 references provisions of ANSI/NFPA 59A
in eight different locations. Recent amendments to the LNG regulations
(February 25, 1997; 62 FR 8402 and August 1, 1997; 62 FR 41311) have
brought Part 193 closer to ANSI/NFPA 59A. Unlike older editions of the
ANSI/NFPA 59A, text in the current standard is in a regulatory format
that makes it more suitable for incorporation by reference. RSPA is
adopting the 1996 version of the ANSI/NFPA 59A. When the standard is
revised in the future, RSPA will incorporate by reference the revised
versions, as appropriate.
This rule replaces major subparts covering siting, design,
construction, equipment, and fire protection with provisions of NFPA
standard, and makes minor changes in the operation and maintenance
requirements. These changes apply only to new and significantly altered
facilities. Incorporation by reference of ANSI/NFPA 59A will maintain
current levels of safety and allow industry flexibility in applying the
latest technology. Based on the above factors and the potential
benefits to Federal and State regulators, the LNG industry, and most of
all, to public safety, RSPA decided to consider the adoption of ANSI/
NFPA 59A into Part 193.
In November 1997 and May 1998, RSPA briefed the Technical Pipeline
Safety Standards Committee (TPSSC) on proposed changes to the LNG
regulations. In February and April 1998, RSPA held meetings with the
National Association of Pipeline Safety Representatives (NAPSR) LNG
Part 193 committee to receive their input on the proposed changes.
On March 31, 1998, RSPA met with representatives of the LNG
industry, State and local governments, and the public to gather
information on experiences with the current Federal LNG safety
regulations and with ANSI/NFPA 59A. On April 22, 1998, RSPA held a
joint meeting with NFPA, the American Gas Association (AGA) and the
NAPSR LNG review committee to discuss technical differences between
Part 193 and ANSI/NFPA 59A.
Proposed Rule
RSPA published an NPRM [63 FR 70737; December 22, 1998], proposing
to replace most LNG requirements for siting, design, construction,
equipment, and fire protection in Part 193 by referencing the American
National Standards Institute (ANSI), National Fire Protection
Association (NFPA) Standard 59A (1996 edition), titled ``Standards for
the Production, Storage and Handling of Liquefied Natural Gas (LNG)''.
The NPRM also proposed some minor amendments to operation and
maintenance requirements for new and significantly altered facilities.
(Existing facilities need only comply with previously existing
operations and maintenance requirements.) RSPA proposed these changes
because ANSI/NFPA 59A more accurately reflects current technology and
practices in the LNG industry. Only those requirements which ANSI/NFPA
does not address or adequately cover were retained. On May 18, 1999, at
the AGA conference in Cleveland, commenters requested, and were
granted, an additional month for comments. RSPA received comments on
the NPRM from 11 sources. Commenters included two trade associations,
two standards organizations, six operators, and one State agency.
Advisory Committee Review
We submitted the proposed LNG rule to the Technical Pipeline Safety
Standards Committee (TPSSC) for comments on technical feasibility,
reasonableness, cost-effectiveness, and practicality. On May 5, 1999,
the TPSSC voted unanimously to approve the proposed rule without
comment.
Discussion of Comments and Changes in the Final Rule
We received comments from the following in response to the NPRM:
Trade associations: American Gas Association (AGA); The New England Gas
Association (NEGA)
Standards organization: National Fire Protection Association (NFPA);
American Society of Safety Engineers (ASSE);
Operators: Duke Energy Corporation; Philadelphia Gas Works (PGW);
William's Gas Pipeline, KeySpan Energy Corporation; Paiute Pipeline
Company, Alaska North Slope LNG project.
State agency: Iowa Utilities Board (Iowa).
All 11 commenters generally supported the NPRM, but expressed some
concerns or suggested changes. All significant comments on the NPRM are
[[Page 10952]]
summarized below along with RSPA's responses.
General Comment: Partial Adoption of ANSI/NFPA 59A
Four commenters, including AGA and NEGA, requested adoption of
ANSI/NFPA 59A for siting, design, construction, equipment, and fire
protection, without modification except for regulatory language
consistency. They expressed concerns over selectivity of various parts
of 49 CFR Part 193, and ANSI/NFPA 59A. AGA commented that adoption of
only portions of ANSI/NFPA 59A will make the standards difficult to
administer by both the regulatory agencies and the LNG facility
operators. AGA feels that RSPA's approach would require substantial
cross-referencing between two documents and various referenced
standards, to determine which one is applicable in any given situation,
resulting in confusion, errors and potential violations of the final
rule. In AGA's view, this could have significant cost impact to
operators without much safety benefit.
Response--During proposed rule development, our analysis of Part
193 and ANSI/NFPA 59A showed that certain LNG safety requirements in
design, siting, construction, and equipment were not adequately
addressed in ANSI/NFPA 59A. Following discussions with state regulators
and LNG consultants, we decided to retain all of those requirements in
the proposed rule that were not adequately addressed in ANSI/NFPA 59A.
However, after review of comments received on the NPRM, and detailed
discussions on specific requirements with the industry, trade
associations, LNG consultants, and regional directors, we have
concluded that only some of the safety requirements proposed in the
NPRM are critical, therefore, should be retained. However, most of
proposed safety requirements are already covered in performance
language in ANSI/NFPA 59A, therefore, those requirements should be
removed from Part 193. This final rule reflects those changes.
General Comment: Limit ANSI/NFPA 59A References to Only Design,
Construction, and Siting Issues
AGA, NEGA, and two plant operators expressed concern over the
proposed changes in Subpart F--Operations, and Subpart G--Maintenance.
They said that in meetings leading up to the NPRM, DOT indicated that
operations and maintenance requirements in part 193 would not be
revised because ANSI/NFPA 59A does not adequately address these issues.
They also said DOT's revisions to operations and maintenance areas are
broad and unclear. Specific examples of such instances offered by
commenters are discussed below.
Response--Under operation and maintenance subparts of this rule,
operators of new and significantly altered LNG facilities are required
to maintain design and construction related inspection, testing and
investigation records specified under NFPA 59A. We have specified
frequency of those tests and duration of recordkeeping. Operators are
also reminded in the operation and maintenance subparts that these
requirements only apply to new and significantly altered LNG facilities
constructed after the effective date of this rule.
Editorial Comments
One commenter noted inconsistencies in listing subparts affected by
this rule. This commenter suggested that reference be made to subparts
A-E and I throughout the text. This commenter also pointed out that the
preamble indicated that section 193.2119 would be retained, yet in the
rule this section has been removed.
Response--We have removed inconsistencies regarding affected
subparts in the final rule. We inadvertently removed Section 193.2119
from the proposed rule. This final rule retains it.
Listed below are comments or changes to specific sections:
Subpart A--General
Section 193.2001 Scope of Part
In the NPRM, we revised Section 193.2001 to include reference to
ANSI/NFPA 59A. Because ANSI/NFPA 59A is not applicable to all subparts
in Part 193, we have removed the reference. Therefore, Section 193.2001
as currently specified will remain unchanged.
Section 193.2003 Semisolid Facilities Has been removed from the rule
as proposed in the NPRM.
Section 193.2005 Applicability
This section 193.2005 has been restructured to clarify that new
requirements apply to new and significantly altered LNG facilities
after the effective date of this rule unless otherwise noted.
Proposed Sections 193.2007 Through 193.2019 Are unchanged in the final
rule.
Subpart B--Siting Requirements
Section 193.2051 Scope
We proposed that this section would be retained because ANSI/NFPA
59A does not specify where siting is needed. One commenter argued that
sections 2-1, 2-2 and 2-3 of ANSI/NFPA 59A clearly delineate siting
requirements for process equipment, building and structures, transfer
systems, flammable containers, LNG containers, and spill and leak
control in important process areas. This commenter said that it is the
combination of section 193.2051 and ANSI/NFPA 59A that will cause
confusion and misinterpretation. The commenter suggested that the
standards simply reference ANSI/NFPA 59A.
Response--We agree that ANSI/NFPA 59A specifies where siting is
required, therefore, we have revised the text of the scope under this
section to avoid duplication and confusion. The revised scope now
states that each LNG facility after effective date of the final rule
must be provided with siting requirements in accordance with
requirements of this part and of ANSI/NFPA 59A. In the event of a
conflict between this part and ANSI/NFPA 59A, this part prevails.
Operators are reminded that the requirements retained in this part are
not covered in ANSI/NFPA 59A.
Section 193.2057 Thermal Radiation Protection
In the NPRM we proposed that the thermal radiation distances
calculations use: (1) wind speed and ambient temperatures which produce
maximum exclusion distances except that values that occur less than 5%
of the time shall not be used; (we regret that in the preamble of the
NPRM we explained this requirement incorrectly.) (2) LNGFIRE III model;
(3) offsite targets currently listed in paragraph (d). We also proposed
deletion of paragraph (b)(4) which required use of highest anticipated
heating value of LNG.
The NFPA and the Iowa Utility Board commented on the preceding
requirements. NFPA commented that wind speed need not be included in
the calculation, because it is already included in the acceptable heat
flux for offsite targets. NFPA also pointed out that Part 193 does not
specify how wind speed is to be determined and what figure (maximum or
average) is to be used.
NFPA recommended that Part 193 should reference ANSI/NFPA 59A
because NFPA cites a method (from a
[[Page 10953]]
GRI report) rather than specific computer model, such as LNGFIRE III,
for calculating thermal radiation distances. NFPA also commented that
number of ``offsite targets'' listed in paragraph (d) in section
193.2057 does not provide the source of these numbers or how to
calculate an area, whereas the NFPA numbers are taken from widely used
NFPA 101, the Life Safety Code. This code provides a method to
calculate the area occupied by persons for use as an offsite target.
Response--(1) The old formula for calculating thermal radiation
distance d=F.A\1/2\ (where d=distance, F=flux correlation factor,
A=surface area within impoundment), which was replaced in Part 193 with
the LNGFIRE model, is still allowed under NFPA 59A in certain
applications. That formula calculates distances based on the assumption
that the flame is at a 45 degree angle. In other words, the formula
already accounts for wind speed. But, in the LNGFIRE model, wind speed
is one of the input factors. We specify that the maximum wind speeds be
used, except for those that occur less than 5% of the time. Therefore,
the wind speed portion of the requirement is retained.
(2) We disagree with NFPA comment that a method rather than
specific computer model be specified. We review and analyze each
specific model before adoption thus, making the compliance process
easier for both the operator and inspector. This rule requires that the
LNGFIRE III model be used. Other models may be used, subject to the
Administrator's approval.
(3) NFPA 101, the Life Safety Code, is basically a building code.
For building design one needs to know area occupied by an individual
person. The LNGFIRE model does not require the area of an individual
person. Incident flux gives intensity of heat in Btu/hr-square foot,
which means, Btu's that would be received by one square foot of the
target if it were exposed to the thermal radiation for one hour. Number
of persons or size of a person does not change the Btu/square foot
received by the target. The 20 and 50 person criteria used for an
`offsite target' in Part 193 and ANSI/NFPA 59A, respectively, are
arbitrary numbers. Because we do not see justification for using
different figures, in the final rule we have eliminated the Offsite
target and incident radiant flux figures and simply referenced ANSI/
NFPA 59A.
Comment on 193.2057 (b)(4)--The Iowa Utility Board questioned
deletion of use of ``highest anticipated heating value of LNG'' in the
calculations of thermal radiation distances. Iowa Utility Board said in
their experience higher heating value (HHV) of ``aged'' LNG has reached
1200 Btu/scf compared to 1023 Btu/scf for methane. And based on the
potential for the buildup of heavier hydrocarbons in stored LNG, the
Iowa Utility Board asked for clarification of our decision to delete
this requirement.
Response--The common units for higher heating values used in the
natural gas industry are British thermal units (Btu) per standard cubic
foot (scf). But, in reality HHV in Btu/lb determines the size of the
flame, and the thermal radiation distances. The mass per unit volume of
gas changes with composition for LNG mixture. In fact, decrease in Btu/
lb is more significant than increase in Btu/scf for aged LNG as
compared to methane. Therefore, flame size for aged LNG is lower than
the flame size of methane, resulting in shorter thermal radiation
distance. In reality, there is only 0.1 to 0.2% difference in radiation
distances. Therefore, this requirement has been deleted.
Section 193.2059 Flammable Vapor-Gas Dispersion Protection
In the NPRM we proposed to: (1) retain minimum 10 minute spill
duration for vaporization design rate; (2) delete planned vapor
control; (3) retain 2.5% lower flammable concentration limit at the
outer boundary of flammable vapor; and (4) add one hour time duration
necessary for spill detection and response for tanks with an internal
shutoff valve. AGA, NEGA, NFPA, two operators and the Iowa Utility
Board each offered comments against one or more of those requirements.
AGA, NEGA and one operator commented that NFPA standard 59A does
not set a 10 minute spill duration limit so that operators can take
advantage of technology by using controls that can provide response
time in less than 10 minutes.
NEGA said that by deleting planned vapor control to mitigate the
emerging vapor from a design LNG spill increases burden on the operator
and denies the operator alternative credit.
The Iowa Utility Board supported the proposal to retain the 2.5%
lower limit for gas concentration. NFPA said that the 5% lower
flammability limit is sufficient because the model takes concentration
variations into account, and our requirement is too conservative.
One operator said there is no rationale for a one hour response
time for spill detection for a tank with an internal shutoff valve.
Response--(1) We agree with the commenters that with the current
technology and control system operators can respond to spills in less
than 10 minutes. We have revised this requirement to agree with the
ANSI/NFPA 59A standard that 10 minute spill time can be reduced if the
operator can demonstrate by instrument surveillance and emergency
shutdown system that less than 10 minutes is needed to respond to
spills.
(2) We have deleted, as we proposed in the NPRM, the planned vapor
control requirement from the regulations. We do not believe, any
facility would opt for this alternative. In this final rule planned
vapor control requirement will still be allowed as an alternative
through a waiver.
(3) We have retained the requirement for 2.5% lower flammable limit
(LFL) concentration at the outer boundary of flammable vapor to provide
a reasonable margin of safety. The DEGADIS model predicts only average
concentration of LNG. Because vapor does not disperse uniformly,
pockets of 5% LFL concentration could be adjacent to the average
distance line predicted by the model. In other words, the model can
under predict the actual concentration of LNG. Because many assumptions
go in the formula, the distances predicted are not always accurate.
Using a 2:1 safety margin was suggested by those who developed this
model. On August 19, 1999, the NFPA 59A committee discussed this issue
in great detail and voted to revise ANSI/NFPA 59A standard to require a
2.5% LFL in lieu of 5% LFL. Therefore, we see no need to revise the
current concentration level in the regulations.
In this final rule, we are allowing use of the FEM3A vapor
dispersion model as an alternate to DEGADIS. The FEM3A model accounts
for additional cloud dilution which may be caused by the complex flow
patterns induced by tank and dike structures. Dispersion distances are
calculated in accordance with this model described in Gas Research
Institute report GRI-96/0396.5, ``Evaluations of Mitigation Methods for
Accidental LNG Releases. Volume 5: Using FEM3A for LNG Accident
Consequence Analyses.''
(4) ANSI/NFPA 59A standard also requires a one hour duration for
spills from tanks fitted with internal shutoff valves. We have
referenced ANSI/NFPA 59A for determining design spills.
Proposed requirement on determining Vaporization design rate under
193.2059(d) has been deleted in this rule to allow operators more
flexibility in computing.
[[Page 10954]]
Section 193. 2063 Flooding Section; 193. 2069--Other Severe Weather
and Natural Conditions; and Section 193.2071--Adjacent Activities
We proposed to retain these sections because the subjects that
these sections cover are not addressed adequately in ANSI/NFPA 59A.
NFPA commented the ``general plant site consideration'' requirement
under section 2-1.1 of ANSI/NFPA 59A adequately addresses these
subjects.
Response--We agree that NFPA standard requires evaluation of
potential incidents and the inclusion of safety measures in the design
or operation of the facility in lieu of specifying natural disasters.
Also, the NFPA standard requires consideration of factors applicable to
the specific site that may have a bearing on the safety of plant
personnel and the public. We believe this performance language meets
the intent of our regulation. Therefore, requirements in sections 193.
2063, 193.2069, and 193.2071 have been removed.
Section 193.2067 Wind Forces
We proposed to retain this section because ANSI/NFPA 59A does not
take into consideration uncertainties associated with high winds and
storms, such as hurricanes. NFPA commented that Paragraph 4-1.4 of
ANSI/NFPA 59A does take into account wind and snow loads by reference
to ASCE 7 (90-100 mph), using a 100-year mean occurrence. NFPA also
said this reference applies to LNG tanks, and noted that spill
prevention during a hurricane is a maximum priority of this reference.
Therefore, NFPA suggested reference for this section be given to ANSI/
NFPA 59A.
Response--In the proposal, we reduced wind speed from 200 to 150
mph under (b)(2)(i), because 94% of hurricanes, according to a study,
have wind speeds of less than 150 mph. Further, lower wind speed design
may be approved by the Administrator, so long as the reduction is
justified by adequate supportive data. Therefore, this section has been
retained as proposed.
Subpart C--Design
Section 193.2101 Scope
We have revised the text of the scope under this section to avoid
duplication and confusion. The revised scope now states that each LNG
facility designed after the effective date of the final rule must be
designed in accordance with requirements of this part and of ANSI/NFPA
59A. In the event of a conflict between this part and ANSI/NFPA 59A,
this part prevails.
Section 193.2119 Records
In the preamble of the NPRM we said this Section was necessary to
verify material properties. However, in the rule section of the NPRM we
inadvertently omitted it. In this final rule, we are retaining this
requirement.
Section 193.2125 Automatic Shutoff Valves
In the NPRM we proposed to retain this section because it requires
avoidance of fluid-hammer, and because Part 193 better defines fail-
safe. NFPA commented that ANSI/NFPA 59A has specific reference to ASME
B31.3, B31.5, B31.8, and API 6D for valve design and selection
criteria. And these consensus standards provide sufficient safeguards
including fluid-hammer.
Response--We agree with the NFPA comment that consensus standards
like ASME B31.3, B31.8, and API 6D referenced in the ANSI/NFPA 59A for
the valve design and selection criteria provide sufficient safeguards.
Also, discussions with LNG plant designers and consultants revealed
that fluid-hammer is taken into consideration as standard practice in
the selection of valves for LNG pipes. Therefore, we are deleting this
specific requirement by removing Sec. 193.2125.
Section 193.2149 Impoundment Required
In the NPRM we proposed to retain this section because it requires
grading, drainage or an impounding system around transfer piping and
parking areas for loaded LNG trucks. These items are not covered in the
ANSI/NFPA 59A. NFPA and two operators objected to this requirement.
NFPA said that impoundment is not required for transfer piping because
spills are controlled by the valves in the piping. NFPA and one
operator alleged that there is no data to support impoundment for the
truck parking areas at the LNG plants, when they are able to park in
other areas, and are intended for movement over streets and highways.
Response--After discussions with the LNG plant operators, designers
and consultants we have determined that the most likely sources of
leaks within LNG plant are LNG storage tanks, cargo transfer areas, and
vaporizers and process equipment, which are all addressed in paragraph
2-2.1.2 of the ANSI/NFPA 59A. Therefore, we believe ANSI/NFPA 59A will
satisfy this requirement, and we are removing Sec. 193.2149.
Section 193.2155 Structural Requirements
Proposed paragraph (b) under section 193.2155 reduced distance
requirements from LNG tanks to airport runways. It also removed
requirements for concrete dikes capable of withstanding the impact of
the largest aircraft serving that airport. One commenter suggested that
the proposed paragraph (b) should be moved into Subpart B (Siting
requirements), because it relates to siting and not structural
requirements.
Response--This requirement was originally placed under the Design
subpart because it contains structural performance and integrity
specifications. Although this regulation also relates to siting, we
rather retain it under the Design subpart so readers do not
misunderstand and think this requirement has been removed.
Section 193.2159 Floors
The NPRM proposed retaining this section because ANSI/NFPA 59A did
not address this requirement adequately. Further review of ANSI/NFPA
59A reveals that Section 2-2 of this standard covers the same
requirement with performance-related language. Therefore, we are
deleting this section from the final rule.
Section 193.2161 Dikes, General
The NPRM proposed retaining the prohibition on any penetration
through dike walls. AGA stated that prohibiting dike penetration is
unjustified given the safety record of LNG facilities.
Response--Paragraph 2-2.2.4 in the ANSI/NFPA 59A permits
penetration of the dike only if they are designed to withstand the full
hydrostatic head of the impounded LNG or flammable refrigerant, the
effect of rapid cooling to the temperature of the liquid to be
confined, any anticipated fire exposure, and natural forces, such as
earthquakes, wind, and rain. We are satisfied with the dike penetration
requirements in ANSI/NFPA 59A. Therefore, this requirement has been
removed in this rule.
We are retaining paragraph (b) of the proposed rule.
Section 193.2167 Covered Systems
We had proposed retaining this provision in the NPRM. However,
because covered impoundment systems are considered unsafe, we do not
anticipate that such systems will be built in the future. This
requirement has been deleted, except for concrete wall tanks where the
concrete wall is an outer wall serving as a dike.
[[Page 10955]]
Section 193.2171 Sump Basins
The NPRM proposed requiring a sump basin in each impounding system.
Upon further reconsideration, we believe requiring a sump basin in each
impoundment system for collection of water is design restrictive, so we
have removed this requirement.
Section 193.2173 Water Removal
This section of the proposed rule is retained with some
modification to paragraph (a). Paragraph (a) now states that
impoundment areas must be constructed such that all areas drain
completely to prevent water collection. Sump pumps and piping must be
provided to remove water from the sump basin. Alternative means of
drainage may be acceptable subject to the RSPA Administrator's
approval.
Paragraph (b) has been retained as proposed.
Section 193.2175 Shared Impoundment
The NPRM proposed retaining this requirement. Upon reconsideration
this provision been removed because it is covered in paragraph 2-2.2.1
of ANSI/NFPA 59A.
Section 193.2179 Impoundment Capacity: General
The NPRM proposed retaining this requirement. This provision has
been removed because it is covered in paragraph 2-2.2.1 of ANSI/NFPA
59A.
Section 193.2183 Impoundment Capacity: Equipment and Transfer Systems
We proposed a minimum 10 minute spill period to avoid confusion
among operators because spill time was not specified. AGA, NEGA, and
two operators objected to our minimum 10 minute spill time requirement
and suggested DOT should follow ANSI/NFPA 59A and allow for design of
an impounding area with a volumetric capacity to accommodate a
discharge period less than 10 minutes. The commenters indicated this
would enable operators to utilize current technology, materials, and
practices. The commenters also suggested that a shorter period (less
than 10 minutes) should be allowed based on demonstrable instrument
surveillance and emergency shutdown provisions.
Response--We agree that current technology, instrumentation, and
control systems could achieve emergency shutdown in a very short time.
Therefore, we are removing section 193.2183 as proposed and instead in
the final rule allowing a shorter design spill time based on
demonstrable instrument surveillance and emergency shutdown systems by
referencing ANSI/NFPA 59A.
In the same section of impoundment capacity for transfer systems,
one operator objected to including discharge from permanent transfer
piping in the impoundment capacity calculations, and suggested we
should instead use failure of cargo transfer piping. The commenter's
justification is that impoundment along the permanent piping from
liquefaction process to the LNG tanks and from the LNG tanks to loading
arms, adds significantly to the plant cost without addressing a
realistic release scenario. This commenter said that ANSI/NFPA 59A
specifically excludes permanent plant piping from the definition of
transfer area.
Response--We agree and have removed this requirement as explained
above in Section 193.2149.
Section 193.2185 Impoundment Capacity: Parking Areas, Portable
Containers
The NPRM proposed retaining this requirement. We are removing this
section because it is covered in performance language in ANSI/NFPA 59A.
Section 193.2187 General
The NPRM retained this section. In this rule, the title of this
Section is changed to Nonmetallic membrane liner. Paragraph (a) has
been removed because it is no longer applicable. Paragraph (b) has been
retained.
Section 193.2191 Stratification
The NPRM proposed retaining this requirement because it specified a
method to prevent rollover. In this rule, this requirement is removed
because all plant designers are familiar with rollover prevention
methods and it is addressed in ANSI/NFPA 59A.
Sections 193.2205 Frost Heave and 193.2207 Insulation
The NPRM proposed retaining these requirements. Further review
indicates that both requirements are addressed in ANSI/NFPA 59A.
Therefore, they have been removed in this rule.
Section 193.2209 Instrumentation for LNG Storage Tanks
We retained this section in the NPRM because ANSI/NFPA 59A does not
require any recorders. One commenter said ANSI/NFPA 59A adequately
covers it. Continuous monitoring or short interval scanning, trending,
and multi-level alarms for process variables and tank levels are
standard features of current computer based monitoring and control
devices. This commenter said that ANSI/NFPA 59A and sound engineering
practice make it unnecessary to retain this section to provide an added
level of safety.
Response--We agree that all plants designed today will have
necessary instrumentation and electronic recording systems. ANSI/NFPA
59A covers basic requirements for instrumentation. Therefore, we have
removed this section from the final rule.
Subpart D--Construction
Section 193.2301
We have revised the text in the scope section to avoid duplication
and confusion. The revised scope now states that each LNG facility
constructed after the effective date of the final rule must be
constructed in accordance with requirements of this part and of ANSI/
NFPA 59A. In the event of a conflict between this part and ANSI/NFPA
59A, this part prevails.
Section 193.2303 Construction Acceptance
Is unchanged except that a reference to ANSI/NFPA 59A has been
added.
Section 193.2304 Corrosion Control Overview Is Unchanged
Section 193.2305 Procedures; Section 193.2307 Inspection; Section
193.2315 Piping Connections; and Section 193.2317 Retesting
The NPRM proposed retaining some provisions that we believed were
not adequately addressed in ANSI/NFPA 59A. One commenter said that the
NPRM did not adequately explain why these sections should be retained.
The commenter said that the procedures and specifications in ANSI/NFPA
59A and the various codes and consensus standards it incorporates by
reference, such as, ASME, ASTM, ACI, ASCE, TEMA, API and others,
provide more detail and necessary requirements for design, selection,
construction, testing procedures. The commenter further said these
codes and consensus standards provide appropriate requirements for
inspection and piping connections. The commenter cited a few specific
sections of ANSI/NFPA 59A where requirements for inspection and piping
connections are detailed.
Response--Upon reconsideration we agree with the comment that ANSI/
NFPA 59A coverage is adequate. Therefore, the above sections have been
removed from this rule.
[[Page 10956]]
Section 193.2321 Nondestructive Tests
We revised this section in the NPRM by retaining requirements not
adequately addressed in ANSI/NFPA 59A. One commenter suggested that
material in this section is covered in section 6-6.3 of ANSI/NFPA 59A,
and the section could be deleted without compromising safety.
Response--We agree that proposed Section 193.2321 paragraphs (a)
and (b) are covered in ANSI/NFPA 59A. However, the requirement in
paragraph (c) which states that welds on ASME tanks that are subject to
cryogenic temperatures be subject to 100% radiographic tests is
critical and therefore, is retained.
Section 193.2325 Testing Control Systems
In the NPRM we retained this requirement, but further review
indicates NFPA does not use the term ``control system'' but instead
uses the terms ``testing of components'' or ``testing of component
systems'' in various sections of ANSI/NFPA 59A. Thus, ANSI/NFPA 59A
covers this requirement. Therefore, this requirement is removed in the
rule.
Section 193.2329 Construction Records
Paragraphs 6-6.2, 6-6.5, and 6-6.6 of ANSI/NFPA 59A cover this
requirement adequately. Therefore, section has been deleted from this
rule.
Subpart E--Equipment
Section 193.2401 Scope
The scope in this rule has been revised. It states that after the
effective date of the final rule, vaporization equipment, liquefaction
equipment, and control systems must be designed, fabricated, and
installed in accordance with requirements of this part and of ANSI/NFPA
59A. In the event of a conflict between this part and ANSI/NFPA 59A,
this part prevails.
Section 193.2407--Operation control; Section 193.2409--Shutoff Valves;
Section 193.2413--Combustion Air Intakes; Section 193.2417--Control of
Incoming Gas; Section 193.2419--Backflow, Section 193.2421--Cold Boxes;
Section 193.2427--General; Section 193.2429--Relief Devices; Section
193.2431--Vents; Section 193.2433--Sensing Devices; Section 193.2435--
Warning Devices; Section 193.2437--Pump and Compressor control; and
Section 193.2439--Emergency Shutdown Control Systems
These requirements have been deleted from the final rule. All of
these requirements are equivalent to requirements in ANSI/NFPA 59A.
Sections 193.2441 Control Center, and 193.2445--Sources of Power
Have been retained in the rule.
Section 193.2443 Fail-safe Control
This section is deleted because it is covered in section 7-5 of
ANSI/NFPA 59A.
Subpart F--Operations & Subpart G--Maintenance
Section 193.2521 Operating Records and Section 193.2639 Maintenance
Records
In the NPRM, we revised these sections to include operation records
of results of inspection tests, investigation and data of instrument
recorders, and maintenance records of periodic tests and inspections
requirements, of both Part 193 and ANSI/NFPA 59A. AGA, NEGA, and two
other operators raised concerns that this revision requires existing
recordkeeping requirements and unspecified additional recordkeeping
requirements from ANSI/NFPA 59A. The commenters assert that this
revision may lead to confusion unless specific sections of ANSI/NFPA
59A are identified. In existing facilities, they argue, it may not be
possible to produce the new records required by ANSI/NFPA 59A. The
commenters suggested that current operations and maintenance
requirements should not be changed.
Response--The additional operation and maintenance records that
ANSI/NFPA 59A requires are applicable only to those LNG facilities that
are designed and constructed after the effective date of this final
rule. Operations and maintenance requirements of existing LNG
facilities will not be affected by this rulemaking. This final rule
clarifies that ambiguity.
Section 193.2609--Support Systems
We proposed adding an inspection time frame to the existing
inspection requirements for support systems. AGA and NEGA objected to
placing additional burdens on LNG operators, especially when Section
193.2605 allows operators to determine and perform necessary periodic
inspections consistent with generally accepted engineering practice.
Both commenters supported keeping maintenance requirements under
193.2609 unchanged.
Response--We agree with the comment that Section 193.2609 provides
operator sufficient flexibility to determine inspection time frames.
Therefore, this proposed requirement is deleted.
Section 193.2611 Fire Protection
In the NPRM, we proposed an additional requirement that would
require operators to have a maintenance program for all plant fire
protection equipment. AGA commented that the proposed change was
unnecessary since 193.2605(b) already covers it.
Response--We agree with the AGA's comment that Section 193.2605(b)
covers this proposed requirement. Therefore, it has been deleted.
Section 193.2619 Control Systems
We proposed under section 193.2619(c) a yearly (not exceeding 15
months) inspection and testing of control systems in service, but not
normally in operation, such as relief valves and automatic shutdown
devices, and internal shutoff valves. AGA, NEGA and one operator
disagreed with this proposed change. NEGA said this requirement could
be erroneously interpreted as a requirement to inspect the valve itself
(inside the tank) rather than the control system associated with the
valve. One operator commented that this requirement should be clarified
to apply only to those tanks with external pumps. AGA said this
requirement is excessive, impractical, and impossible to enforce.
Response--We have revised the wording to clarify that the control
system for internal shutoff valves for bottom penetration tanks must be
inspected and tested every year. It means that valve operation must be
tested. This should not be interpreted as inspection of the valve
inside the tank. Revised wording should alleviate any confusion. This
requirement is important because we have allowed shorter design spill
times for tanks with internal shutoff valves.
Another commenter suggested that under section 193.2619(c)(2)
inspection and testing requirements for control systems intended for
fire protection be extended from six months to yearly not exceeding 15
months. This commenter said that six months is excessive for this type
of system inspection.
Response--We believe a six month interval for inspection and
testing is necessary to ensure proper operation of fire protection
systems. Fire protection systems are the most critical safety feature
of an LNG facility and the smallest possible margin for error must be
sought. Therefore, the current requirement is not changed.
[[Page 10957]]
Subpart H--Personnel Qualification and Training
Section 193.2717 Training: Fire Protection
Although DOT did not propose any changes to the subpart on
training, AGA recommended incorporating the fire protection training
requirements under section 9-1.4.2 of ANSI/NFPA 59A. AGA believes the
fire protection training requirements of NFPA, the experts in the
industry, should supercede any other standards.
Response--Currently Part 193 requires fire protection training
every two years and ANSI/NFPA 59A requires training every year. With
the excellent safety record of LNG industry we do not see a need for
making this requirement more burdensome.
Subpart I--Fire Protection
Section 193.2801 Scope
We proposed to replace subpart I, except for a few sections with
important safety features which are not adequately addressed in ANSI/
NFPA 59A, by referencing ANSI/NFPA 59A, Chapters 2 and 9. AGA, NEGA,
and two operators commented that combining some requirements of Part
193 and the requirements of ANSI/NFPA 59A would create duplicate and
conflicting requirements, would be expensive, and would not enhance
safety. One commenter said that exclusion from the fire protection
requirements of ANSI/NFPA 59A for existing LNG plants that temporarily
do not contain LNG should be expanded to include fire protection at all
existing LNG plants.
Response--After review of requirements in this subpart and ANSI/
NFPA 59A, and discussions with LNG plant operators, designers and
consultants, we have determined that the fire protection requirements
of ANSI/NFPA 59A are adequate. Therefore, in this rule we are
referencing ANSI/NFPA 59A without any additional requirements in
subpart I.
Section 193.2807 Smoking
We proposed to retain paragraph (c) regarding ``No Smoking'' signs.
One commenter said this requirement would result in excessive signage
and not necessarily control smoking at the plant.
Response--This requirement had been removed along with all other
fire protection requirements contained in Subpart I for reasons stated
above.
Section 193.2817 Fire Equipment and Section 193.2821 Fire detection
One commenter said that the revision to this section requires
additional fire protection equipment, additional unspecified fire
alarms from ANSI/NFPA 59A, and additional protection or cooling
requirements for critical components. The commenter said these
requirements should be specifically identified with reference to the
appropriate section of ANSI/NFPA 59A.
Response--These requirements have been removed in Subpart I for
reasons stated above. The ANSI/NFPA 59A requirements will apply to LNG
facilities designed and constructed after the effective date of this
final rule.
Section 193.2819 Gas detection
Response--This requirement had been removed in Subpart I for
reasons stated above.
Subpart J--Security.
This subpart is retained.
Appendix A to Part 193
Is revised to reflect changes in the list of Organizations and
addresses and list of documents incorporated by reference due to Part
193 revisions. One new document added in the list is the GRI-96/
0396.5--``Evaluation of Mitigation Methods for Accidental LNG Releases,
Volume 5: Using FEM3A for LNG Accident Consequence Analysis.''
Regulatory Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
The Department of Transportation (DOT) does not consider this
action to be a significant regulatory action under section 3(f) of
Executive Order 12866 (58 FR 51735; October 4,1993). Therefore, it was
not forwarded to the Office of Management and Budget. This final rule
is not significant under DOT's regulatory policies and procedures (44
FR 11034: February 26, 1979).
This final rule amends 49 CFR Part 193 by replacing substantive
sections of the current regulation with ANSI/NFPA Standard 59A, titled
``Standard for the Production, Storage and Handling of Liquefied
National Gas (LNG)''. The purpose of this adoption is to enable
operators to utilize current technology, materials, and practices,
thereby reducing costs and enhancing national growth. This change to
Part 193 will eliminate unnecessary and burdensome requirements.
Further the adoption of industry standards is consistent with the
President's goals of regulatory reinvention and improvement of customer
service to the American people. Adoption of industry standards also
meets the goals of OMB's Budget Circular A-119, ``Federal Participation
in the Development and Use of Voluntary Standards,'' promoting adoption
of voluntary consensus standards wherever possible.
The NFPA has a standing committee which regularly reviews ANSI/NFPA
59A. RSPA has a representative on this committee, and RSPA sought the
committee's input in several discussions concerning the adoption of
ANSI/NFPA 59A into Part 193. Members of the ANSI/NFPA 59A technical
committee include: RSPA, Federal Energy Regulatory Commission, Coast
Guard, State governments, insurance interests, contractors, and fire
departments. Representation by this group ensures that essentially all
interests involved in LNG safety issues have been represented in this
standard. The NFPA has over 67,000 individual members and includes over
100 national trade and professional groups. Its goal as an organization
is to reduce the burden of fire on the quality of life by advocating
scientifically based consensus codes and standards, research, and
education for fire safety issues.
As mentioned above, there should be little to no cost to the
industry to adopt these regulations as LNG operators are already well
aware of these standards and they are already being implemented by the
industry. In fact adoption of this rule should actually reduce the
costs to industry as the main purpose of this rule is to allow the
adoption of newer technology that was not anticipated when the earlier
LNG regulations were promulgated. Because this rule does not represent
any new burden to the industry and in fact will reduce costs, RSPA
believes that a regulatory evaluation of this rule is unnecessary.
Furthermore, adoption of this rule meets the guidelines of Federal
Government policy discussed above while reducing the administrative
burdens on industry and allowing for the use of the latest technology
and practices.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA
must consider whether a rulemaking would have a significant economic
impact on a substantial number of small entities. As discussed above,
RSPA is amending part 193 by replacing substantive portions of this
subpart with the adoption of consensus industry standards developed by
the NFPA. These safety standards are well known and have been
implemented by operators of LNG facilities throughout the United Sates.
The replacement of major portions of Part 193 with the ANSI/NFPA 59A
standard should in fact reduce costs of the present regulations to LNG
operators, including
[[Page 10958]]
any small operators, and allow the use of more current technologies as
mentioned in the previous section. RSPA invited comments from small
business operators who objected to this rule, and received no comments
addressing this issue. Based on the above discussion, I certify
pursuant to Section 605 of the Regulatory Flexibility Act (5 U.S.C.
605) that the action will not have a significant economic impact on a
substantial number of small entities.
Executive Order 13084
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13084 do not apply.
Executive Order 13132
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not adopt any regulation that:
(1) Has substantial direct effects on the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government;
(2) Imposes substantial direct compliance costs on States and local
governments; or
(3) Preempts state law.
Therefore, the consultation and funding requirements of Executive
Order 13132 (64 FR 43255; August 10, 1999) do not apply. Nevertheless,
in February and April 1998, RSPA held meetings with the National
Association of Pipeline Safety Representatives (NAPSR) LNG Part 193
committee, which includes state pipeline safety regulators, to receive
their input on the changes to this rule.
Unfunded Mandates
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $100
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is least burdensome
alternative that achieves the objective of the rule.
Paperwork Reduction Act
This rule does not substantially modify the paperwork burden on LNG
industry. OPS does not believe that LNG industry will have any
additional paperwork burden because of the incorporation by reference
of these consensus standards, and therefore no separate paperwork
submission is required.
National Environmental Policy Act
RSPA has analyzed this action for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and has determined
that this action would not significantly affect the quality of the
human environment. An Environmental Assessment and a Finding of No
Significant Impact are in the docket.
Impact on Business Processes and Computer Systems
We do not want to impose new requirements that would mandate
business process changes when the resources necessary to implement
those requirements would otherwise be applied to ``Y2K'' or related
computer problems. This final rule does not mandate business process
changes or require modifications to computer systems. Because this rule
does not affect organizations' ability to respond to those problems, we
are not delaying the effectiveness of the requirements.
List of Subjects in 49 CFR Part 193
Construction, Design, Equipment, Fire protection, Incorporation by
reference, Liquefied natural gas, Maintenance, Operation, Pipeline
safety, Reporting and recordkeeping, and Siting requirements.
Accordingly, RSPA amends 49 CFR 193 as follows:
PART 193--[AMENDED]
1. The authority citation for part 193 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60111, 60118 and 49 CFR
1.53.
Subpart A--General
* * * * *
Sec. 193.2003 [Removed and reserved]
2. Section 193.2003 is removed and reserved.
3. Section 193.2005 is revised to read as follows:
Sec. 193.2005 Applicability.
(a) Safety requirements mandating compliance with standard ANSI/
NFPA 59A and other changes in this part governing siting, design,
construction, equipment, fire protection, operation and maintenance
apply to LNG facilities placed in service after March 31, 2000 unless
otherwise noted.
(b) If an existing LNG facility (or facility under construction
before March 31, 2000 is replaced, relocated or significantly altered
after March 31, 2000, the facility must comply with the applicable
requirements of this part governing, siting, design, installation, and
construction, except that:
(1) The siting requirements apply only to LNG storage tanks that
are significantly altered by increasing the original storage capacity
or relocated, and
(2) To the extent compliance with the design, installation, and
construction requirements would make the replaced, relocated, or
altered facility incompatible with the other facilities or would
otherwise be impractical, the replaced, relocated, or significantly
altered facility may be designed, installed, or constructed in
accordance with the original specifications for the facility, or in
another manner subject to the approval of the Administrator.
Sec. 193.2007 Definitions.
4. Section 193.2007 is amended by removing ``including an
underground cavern'' from definition of Storage tank, ``or
solidifying'' from definition of LNG facility, and ``or semisolid''
from definitions of Liquefied natural gas or LNG, Vaporization, and
Vaporizer.
Subpart B--Siting Requirements
5. Section 193.2051 is revised to read as follows:
Sec. 193.2051 Scope.
Each LNG facility designed, constructed, replaced, relocated or
significantly altered after March 31, 2000 must be provided with siting
requirements in accordance with the requirements of this part and of
ANSI/NFPA 59A. In the event of a conflict between this part and ANSI/
NFPA 59A, this part prevails.
Sec. 193.2055 [Removed and reserved]
6. Section 193.2055 is removed and reserved.
7. Section 193.2057 is revised to read as follows:
Sec. 193.2057 Thermal radiation protection.
Each LNG container and LNG transfer system must have a thermal
exclusion zone in accordance with section 2-2.3.1 of ANSI/NFPA 59A with
the following exceptions:
(a) The thermal radiation distances shall be calculated using Gas
Research
[[Page 10959]]
Institute's (GRI) report GRI-89/0176, which is also available as the
``LNGFIRE III'' computer model produced by GRI. The use of other
alternate models which take into account the same physical factors and
have been validated by experimental test data shall be permitted
subject to the Administrator's approval.
(b) In calculating exclusion distances, the wind speed producing
the maximum exclusion distances shall be used except for wind speeds
that occur less than 5 percent of the time based on recorded data for
the area.
(c) In calculating exclusion distances, the ambient temperature and
relative humidity that produce the maximum exclusion distances shall be
used except for values that occur less than five percent of the time
based on recorded data for the area.
8. Section 193.2059 is revised to read as follows:
Sec. 193.2059 Flammable vapor-gas dispersion protection.
Each LNG container and LNG transfer system must have a dispersion
exclusion zone in accordance with section 2-2.3.2 of ANSI/NFPA 59A with
the following exceptions: (a) Flammable vapor-gas dispersion distances
must be determined in accordance with the model described in the Gas
Research Institute report GRI-89/0242, ``LNG Vapor Dispersion
Prediction with the DEGADIS Dense Gas Dispersion Model.''
Alternatively, in order to account for additional cloud dilution which
may be caused by the complex flow patterns induced by tank and dike
structure, dispersion distances may be calculated in accordance with
the model described in the Gas Research Institute report GRI 96/0396.5,
``Evaluation of Mitigation Methods for Accidental LNG Releases. Volume
5: Using FEM3A for LNG Accident Consequence Analyses''. The use of
alternate models which take into account the same physical factors and
have been validated by experimental test data shall be permitted,
subject to the Administrator's approval.
(b) The following dispersion parameters must be used in computing
dispersion distances:
(1) Average gas concentration in air = 2.5 percent.
(2) Dispersion conditions are a combination of those which result
in longer predicted downwind dispersion distances than other weather
conditions at the site at least 90 percent of the time, based on
figures maintained by National Weather Service of the U.S. Department
of Commerce, or as an alternative where the model used gives longer
distances at lower wind speeds, Atmospheric Stability (Pasquill Class)
F, wind speed = 4.5 miles per hour (2.01 meters/sec) at reference
height of 10 meters, relative humidity = 50.0 percent, and atmospheric
temperature = average in the region.
(3) The elevation for contour (receptor) output H = 0.5 meters.
(4) A surface roughness factor of 0.03 meters shall be used. Higher
values for the roughness factor may be used if it can be shown that the
terrain both upwind and downwind of the vapor cloud has dense
vegetation and that the vapor cloud height is more than ten times the
height of the obstacles encountered by the vapor cloud.
(c) The design spill shall be determined in accordance with section
2-2.3.3 of ANSI/NFPA 59A.
Secs. 193.2061-193.2065 [Removed and reserved]
9. Sections 193.2061 through 193.2065 are removed and reserved.
10. Section 193.2067 is amended by revising paragraphs (b)(1) and
(b)(2)(i) to read as follows:
Sec. 193.2067 Wind forces
* * * * *
(b) * * *
(1) For shop fabricated containers of LNG or other hazardous fluids
with a capacity of not more than 70,000 gallons, applicable wind load
data in ASCE 7.
(2) * * *
(i) An assumed sustained wind velocity of not less than 150 miles
per hour, unless the Administrator finds a lower velocity is justified
by adequate supportive data; or
* * * * *
Secs. 193.2069-193.2073 [Removed and reserved]
11. Sections 193.2069 through 193.2073 are removed and reserved.
Subpart C--Design
12. Section 193.2101 is revised to read as follows:
Sec. 193.2101 Scope.
Each LNG facility designed after March 31, 2000 must comply with
requirements of this part and of ANSI/NFPA 59A. In the event of a
conflict between this part and ANSI/NFPA 59A, this part prevails.
Secs. 193.2103-193.2117 [Removed and reserved]
13. Sections 193.2103 through 193.2117 are removed and reserved.
Secs. 193.2121-193.2153 [Removed and reserved]
14. Sections 193.2121 through 193.2153 are removed and reserved.
15. Section 193.2155 is amended by removing paragraph (b),
redsignating paragraph (c) as paragraph (b), and revising paragraph (a)
introductory text and newly designated paragraph (b) to read as
follows:
Sec. 193.2155 Structural requirements.
(a) The structural members of an impoundment system must be
designed and constructed to prevent impairment of the system's
performance reliability and structural integrity as a result of the
following:
* * * * *
(b) An LNG storage tank must not be located within a horizontal
distance of one mile (1.6 km) from the ends, or \1/4\ mile (0.4 km)
from the nearest point of a runway, whichever is longer. The height of
LNG structures in the vicinity of an airport must also comply with
Federal Aviation Administration requirements in 14 CFR Section 1.1.
Secs. 193.2157-193.2159 [Removed and reserved]
16. Sections 193.2157 through 193.2159 are removed and reserved.
17. Section 193.2161 is revised to read as follows:
Sec. 193.2161 Dikes, general.
An outer wall of a component served by an impounding system may not
be used as a dike unless the outer wall is constructed of concrete.
Secs. 193.2163-193.2165 [Removed and reserved]
18. Sections 193.2163 through 193.2165 are removed and reserved.
19. Section 193.2167 is revised to read as follows:
Sec. 193.2167 Covered systems.
A covered impounding system is prohibited except for concrete wall
designed tanks where the concrete wall is an outer wall serving as a
dike.
Secs. 193.2169-193.2171 [Removed and reserved]
20. Sections 193.2169 through 193.2171 are removed and reserved.
21. Section 193.2173 is amended by revising paragraphs (a) and (b)
to read as follows:
Sec. 193.2173 Water removal.
(a) Impoundment areas must be constructed such that all areas drain
completely to prevent water collection. Drainage pumps and piping must
be provided to remove water from
[[Page 10960]]
collecting in the impoundment area. Alternative means of draining may
be acceptable subject to the Administrator's approval.
(b) The water removal system must have adequate capacity to remove
water at a rate equal to 25% of the maximum predictable collection rate
from a storm of 10-year frequency and 1-hour duration, and other
natural causes. For rainfall amounts, operators must use the ``Rainfall
Frequency Atlas of the United States'' published by the National
Weather Service of the U.S. Department of Commerce.
* * * * *
Secs. 193.2175-193.2179 [Removed and reserved]
22. Sections 193.2175 through 193.2179 are removed and reserved.
23. Section 193.2181 is revised to read as follows:
Sec. 193.2181 Impoundment capacity: LNG storage tanks.
Each impounding system serving an LNG storage tank must have a
minimum volumetric liquid impoundment capacity of:
(a) 110 percent of the LNG tank's maximum liquid capacity for an
impoundment serving a single tank;
(b) 100 percent of all tanks or 110 percent of the largest tank's
maximum liquid capacity, whichever is greater, for the impoundment
serving more than one tank; or
(c) If the dike is designed to account for a surge in the event of
catastrophic failure, then the impoundment capacity may be reduced to
100 percent in lieu of 110 percent.
Sec. 193.2183 and 193. 2185 [Removed and reserved]
24. Sections 193.2183 and 1913.2185 are removed and reserved.
25. Section 193.2187 is revised to read as follows:
Sec. 193.2187 Nonmetallic membrane liner.
A flammable nonmetallic membrane liner may not be used as an inner
container in a storage tank.
Secs. 193.2189-193.2233 [Removed and reserved]
26. Sections 193.2189 through 193.2233 are removed and reserved.
Subpart D--Construction
27. Section 193.2301 is revised to read as follows:
Sec. 193.2301 Scope.
Each LNG facility constructed after March 31, 2000 must comply with
requirements of this part and of ANSI/NFPA 59A. In the event of a
conflict between this part and ANSI/NFPA 59A, this part prevails.
28. Section 193.2303 is amended by adding a phrase ``and ANSI/NFPA
59A.'' at the end of the section.
Sec. 193.2305-193.2319 [Removed and reserved]
29. Sections 193.2305 through 193.2319 are removed and reserved.
30. Section 193.2321 is revised to read as follows:
Sec. 193.2321 Nondestructive tests.
The butt welds in metal shells of storage tanks with internal
design pressure above 15 psig must be radiographically tested in
accordance with the ASME Boiler and Pressure Vessel Code (Section VIII
Division 1), except that hydraulic load bearing shells with curved
surfaces that are subject to cryogenic temperatures, 100 percent of
both longitudinal (or meridional) and circumferential (or latitudinal)
welds must be radiographically tested.
Secs. 193.2323-193.2329 [Removed and reserved]
31. Sections 193.2323 through 193.2329 are removed and reserved.
Subpart E--Equipment
32. Section 193.2401 is revised to read as follows:
Sec. 193.2401 Scope.
After March 31, 2000, each new, replaced, relocated or
significantly altered vaporization equipment, liquefaction equipment,
and control systems must be designed, fabricated, and installed in
accordance with requirements of this part and of ANSI/NFPA 59A. In the
event of a conflict between this part and ANSI/NFPA 59A, this part
prevails.
Secs. 193.2403-193.2439 [Removed and reserved]
33. Sections 193.2403 and 193.2439 are removed and reserved.
Sec. 193.2443 [Removed and reserved]
34. Section 193.2443 is removed and reserved.
Subpart F--Operation
35. Section 193.2521 is revised to read as follows:
Sec. 193.2521 Operating records.
Each operator shall maintain a record of results of each
inspection, test and investigation required by this subpart. For each
LNG facility that is designed and constructed after March 31, 2000 the
operator shall also maintain related inspection, testing, and
investigation records that ANSI/NFPA 59A requires. Such records,
whether required by this part or ANSI/NFPA 59A, must be kept for a
period of not less than five years.
Subpart G--Maintenance
36. Section 193.2619 in Subpart G is amended by revising paragraph
(c) introductory text to read as follows:
Sec. 193.2619 Control systems.
* * * * *
(c) Control systems in service, but not normally in operation, such
as relief valves and automatic shutdown devices, and control systems
for internal shutoff valves for bottom penetration tanks must be
inspected and tested once each calender year, not exceeding 15 months,
with the following exceptions:
* * * * *
37. Section 193.2639 is amended by revising paragraph (a) to read
as follows:
Sec. 193.2639 Maintenance records.
(a) Each operator shall keep a record at each LNG plant of the date
and type of each maintenance activity performed on each component to
meet the requirements of this part. For each LNG facility that is
designed and constructed after March 31, 2000 the operator shall also
maintain related periodic inspection and testing records that ANSI/NFPA
59A requires. Maintenance records, whether required by this part or
ANSI/NFPA 59A, must be kept for a period of not less than five years.
* * * * *
Subpart I--Fire Protection
38. Section 193.2801 is revised to read as follows:
Sec. 193.2801 Scope.
Each LNG facility must meet fire prevention and fire control
provisions of ANSI/NFPA 59A.
Secs. 193.2803-193.2821 [Removed and reserved]
39. Sections 193.2803 through 193.2821 are removed and reserved.
* * * * *
40. Appendix A to Part 193 is revised to read as follows:
Appendix A to Part 193--Incorporation by Reference
I. List of Organizations and Addresses
A. American Gas Association (AGA), 400 North Capital St.,
Washington, D.C. 20001.
B. American National Standards Institute (ANSI), 11 West 42nd
St., New York, NY 10036.
[[Page 10961]]
C. American Society of Civil Engineers (ASCE), Parallel Centre,
1801 Alexander Bell Dr., Reston, VA 20191-4400.
D. American Society of Mechanical Engineers (ASME), Three Park
Ave., New York, NY 10016-5990.
E. Gas Research Institute (GRI), 8600 West Bryn Mawr Ave.,
Chicago, IL 60631.
F. National Fire Protection Association (NFPA), 1 Batterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101.
II. Documents Incorporated by Reference, (Numbers in Parentheses
Indicate Applicable Editions)
A. American Gas Association (AGA):
1. ``Purging Principles and Practices''--(1975)
B. American Society of Civil Engineers (ASCE):
1. ASCE 7-95 ``Minimum Design Loads for Buildings and Other
Structures'' (1995).
C. American Society of Mechanical Engineers (ASME):
1. ASME Boiler and Pressure Vessel Code, Section VIII, Divisions
1 and 2 (1998).
D. Gas Research Institute (GRI):
1. GRI-89/0176 ``LNGFIRE: A Thermal radiation Model for LNG
Fires'' (June 29, 1990).
2. GRI-89/0242 ``LNG Vapor Dispersion Prediction with the DEGDIS
Dense Gas Dispersion Model'' (April 1988-July 1990).
3. GRI-96/0396.5 ``Evaluation of Mitigation Methods for
Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident
Consequence Analyses.''
E. National Fire Protection Association (NFPA):
1. ANSI/NFPA 59A ``Standard for the Production, Storage, and
Handling of Liquefied Natural Gas (LNG)'' (1996 edition).
Issued in Washington, D.C. on February 11, 2000.
John P. Murray,
Acting Deputy Administrator.
[FR Doc. 00-3799 Filed 2-29-00; 8:45 am]
BILLING CODE 4910-60-P