CPF 120151018
CPF 120151018
case documentOfficial PDF120151018_NOPV_PCO_08062015.pdf#
case documentOfficial PDF120151018_NOPV_PCO_08062015_text.pdf#
party submissionOfficial PDF120151018_Operator Response to Notice_09222015.pdf#
120151018_Final Order_01132016_text.pdf, page 1Official PDFJanuary 13, 2016 Mr. David L. Porges Chairman & CEO EQT Midstream 625 Liberty Avenue Suite 1700 Pittsburgh, PA 15222 Re: CPF No. 1-2015-1018 Dear Mr. Porges: Enclosed please find the Final Order issued in the above-referenced case. It makes one finding of violation and finds that EQT Midstream, a subsidiary of EQT Corporation, has completed the actions specified in the Notice to comply with the pipeline safety regulations. Therefore, this case is now closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Byron Coy, P.E., Director, Eastern Region, PHMSA, OPS Mr. Robert Cooper, Vice President of Engineering, EQT Midstream CERTIFIED MAIL - RETURN RECEIPT REQUESTED#
120151018_Final Order_01132016_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ ) In the Matter of ) ) EQT Midstream, ) CPF No. 1-2015-1018 a subsidiary of EQT Corporation, ) ) Respondent. ) ____________________________________) FINAL ORDER On July 17, 2014, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on- site pipeline safety inspection of the facilities and records of EQT Midstream (EQT or Respondent), a subsidiary of EQT Corporation, in Elizabeth, Pennsylvania. Respondent provides natural gas gathering, transmission, and storage services to EQT Production and other independent third-parties. 1 Respondent operates approximately 123 miles of gathering lines and 935 miles of transmission pipeline throughout Kentucky, West Virginia, and Pennsylvania.2 As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent, by letter dated August 6, 2015, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that EQT had violated 49 C.F.R. § 192.163 and ordering Respondent to take certain measures to correct the alleged violation. EQT responded to the Notice by letter dated September 22, 2015 (Response). The company did not contest the allegation of violation but provided information and photographs concerning the corrective actions it had taken. Respondent did not request a hearing and therefore has waived its right to one. FINDING OF VIOLATION In its Response, EQT did not contest the allegation in the Notice that it violated 49 C.F.R. 1 EQT Corporation, website, available at https://www.eqt.com/our-business/midstream (last accessed December 15, 2015). 2 Pipeline Safety Violation Report (Violation Report), (May 1, 2015) (on file with PHMSA), at 1.#
120151018_Final Order_01132016_text.pdf, page 3CPF No. 1-2015-1018 Page 2 Part 192, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.163(d), which states: § 192.163 Compressor stations: Design and construction. (a) . . . (d) Fenced areas. Each fence around a compressor station must have at least two gates located so as to provide a convenient opportunity for escape to a place of safety, or have other facilities affording a similarly convenient exit from the area. Each gate located within 200 feet (61 meters) of any compressor plant building must open outward and, when occupied, must be openable from the inside without a key. The Notice alleged that Respondent violated 49 C.F.R. § 192.163(d) by failing to have a fence around each compressor station, with at least two gates so as to provide a convenient opportunity for escape to a place of safety. Specifically, the Notice alleged that Respondent’s Wall Compressor Station fence had one escape gate on the west side, one escape gate on the south side, one locked vehicle gate on the west side, and one locked vehicle gate on the east side. However, the south-side escape gate opened out onto a narrow landing, approximately four feet wide, with a pathway that was heavily overgrown and 1bordered by a steep decline into a creek. Under such conditions, the south-side gate allegedly did not provide a convenient opportunity for escape. Respondent did not contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.163(d) by failing to have at least two gates located so as to provide a convenient opportunity to escape to a place of safety. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49 C.F.R. § 192.163(d). Under 49 U.S.C. § 60118(a), each person who engages in the transportation of gas or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under chapter 601. The Director indicates that Respondent has taken the following actions specified in the proposed compliance order: 1. With respect to the violation of § 192.163(d) (Item 1), Respondent has: A. Provided at least two gates at the Wall Compressor Station in Elizabeth, Pennsylvania that provide a convenient opportunity for escape to a place of safety; and B. Completed and provided documentation that supports compliance with the#
120151018_Final Order_01132016_text.pdf, page 4CPF No. 1-2015-1018 Page 3 action stipulated in the above item within 120 days after receipt of a Final Order. Therefore, the compliance terms proposed in the Notice are not included in this Order. In addition, pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is requested (not mandated) to take the following action: EQT should maintain documentation of the safety improvement costs associated with fulfilling this Compliance Order and submit the total to Mr. Byron Coy, P.E., Director, Eastern Region, Pipeline and Hazardous Materials Safety Administration. It is requested that these costs be reported in two categories: 1) total cost associated with preparation/revision of plans, procedures, studies and analyses; and 2) total cost associated with replacements, additions and other changes to pipeline infrastructure. The terms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.