Oil & Gas Alert – July 2023

Exceptional and transitory measures for obtaining Certificates of Supervision of NGV, CNG and LNG establishments and facilities were approved

By means of Resolution Nº 134-2023-OS/CD, published on July 19, 2023 in the Official Gazette “El Peruano”, exceptional and transitory measures were approved for obtaining Certificates of Supervision of NGV, CNG and LNG establishments and facilities (“Resolution”).

This is due to the fact that, to date, there are no Inspection Agencies accredited before the National Institute of Quality (INACAL) (“Agencies”) with the scope to perform the resistance and tightness tests of natural gas pipelines that would allow the interested agents to obtain the Inspection Certificate of the resistance and tightness tests of pipelines, nor the Certificate of Well Executed Work of the Primary Measuring and Regulation Station granted by the above mentioned Agencies, in order to obtain the End of Construction Supervision Certificates of their NGV, CNG and LNG facilities, as a previous step to their operation, in accordance with the provisions of the Hydrocarbons Registry Regulations, approved by Resolution of the Board of Directors N° 191-2011- OS/CD.

Both the Third Complementary Provision of the Regulation for the installation and operation of Natural Gas Vehicle (NGV) Retailing Establishments, approved by Supreme Decree Nº 006-2005-EM, and Article 14 of the Regulation for the Commercialization of Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG), approved by Supreme Decree Nº 057-2008-EM, approved by Supreme Decree Nº 057-2008-EM, provide that supplementary to the rules regulated therein, or when there are unregulated situations, the provisions of international technical standards ISO, UNE, ASTM, API, ASME, ANSI, NFPA, OIML, DOT or ADR, as applicable, shall be applied.

In this sense, the Resolution, aligned with the regulation contained in ASME Code b31.3, stipulated that as long as there are no Organizations:

• In lieu of a Natural Gas Piping Inspection Certificate, including strength and tightness testing, NGV, CNG and LNG facilities and establishments may submit a Natural Gas Piping Inspection Certificate or Report, including strength and tightness testing, performed in accordance with ASME Code b31, 345. 3 – 2022 Piping Processes, Chapter VI Inspection, Examination and Testing, issued by a third-party professional engineer, with a current certificate of ability to practice, and a minimum professional experience of five years in the design, fabrication or examination of industrial pressure piping. The certificate shall be duly signed by an NDT Level II or III Certified inspector, as established in Recommended Practice No. ASNT SNT-TC-1A.
• In lieu of the Certificate of Well Executed Work of the Primary Measurement and Regulation Station, the CNG and LNG Direct Consumers may submit a Certificate or report of Well Executed Work of the Primary Measurement and Regulation Station, performed in accordance with “NTP 111.010 Dry Natural Gas. Piping system for internal industrial installations” or equivalent standard according to the operating pressure, issued by a professional engineer, third party, with a current certificate of ability to practice, and a minimum professional experience of five years in the design, manufacture or examination of industrial pressure piping. The certificate must be duly signed by an NDT Level II or III certified inspector, as established in Recommended Practice No. ASNT SNT-TC-1A.

Finally, the Resolution specified that the experience of the professionals who prepare the aforementioned certificates or reports shall be accredited by submitting an affidavit or a copy thereof (in the case of NDT Level II or III certification).

For further information, please contact Jorge Pérez-Taiman (jpereztaiman@estudiorodrigo.com), Carolina Noriega (cnoriega@estudiorodrigo.com), Piero Scarafone (pscarafone@estudiorodrigo.com) and/or Talía Hormaeche (thormaeche@estudiorodrigo