From: Michael Barth To: Cc: Subject: Pipeline Enforcement Assistance Date: Tuesday, September 23, 2014 7:23:00 PM Attachments: Mr. Finch and Mr. Mulligan, My name is Michael Barth; I am the building official/fire code official for the City of Ruston in Washington. Ruston is a very small city, with extremely limited resources. We have an exceptionally large commercial development being constructed on the old Asarco smelter site, which is currently undergoing remediation with EPA oversight. While we recognize certain activities are exempt from local permitting under CERCLA exemption, the portions of the development that are not associated with remediation must still satisfy all local codes and regulations. This is what brings me to you and PHMSA enforcement. Suffice to say the developer and the City do not always see things in the same light, particularly as the developer tends to perform work without obtaining required permits, and without complying with the City?s adopted codes and standards, etc. Most recently, they are installing a LP-gas pipeline system intended to serve the entire development (please see attached site overview). While we have repeatedly informed the developer to not install any portion of a pipeline/LP-Gas distribution system without appropriate permits, they are currently installing the system. I fear they are not paying any attention to the CFR 49, part 192 requirements, NFPA 58 requirements, etc. They are certainly not complying with the City?s permitting requirements. We are extremely concerned about the safety of our community. Our enforcement efforts on past issues have proven ineffective. While the developers claim they are only installing a ?conduit? for a future gas system, (which would still require the ?conduit? is a 6-inch fusion welded pipe system complete with ball valves, test gauges, 90-degree bends, etc. It?s not a conduit, it is a gas pipeline distribution system (intended to serve many commercial, multifamily, and high occupancy assembly buildings). We know that they intend to use LP-gas, as the developers did not want to pay for extension of the natural gas system operated in the City by Puget Sound Energy (PSE). The developers continue to proceed with their installation and we assume they will await court action before any attempt at compliance can begin. By then it will be iong buried and inaccessible, further complicating enforcement efforts. As it appears this system clearly falls within the scope of CFR 49, Part 192, i am seeking or whatever else you can offer to help the City of Ruston with this important safety issue. Please contact me as soon as possible at mbarthi?lcodeproswacom (or by phone at 360-801-0543) to discuss the situation and/or to provide us with any additional contact information, other resources, suggestions, etc. Unfortunately, time is of the essence. Thank you for your time and consideration. I look forward to your response and/or direction. Michael J. Barth, M.C.P. Building Official, City of Ruston