{"operation":"document","citation":"CPF 12023004NOA","title":"NATIONAL FUEL GAS SUPPLY CORP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-02","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023004noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023004noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023004noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023004NOA","body":"Notice of Amendment involving NATIONAL FUEL GAS SUPPLY CORP. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(1). The case was opened on 2023-02-02 and is reported as closed as of 2023-05-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023004NOA_Closure Letter_05042023_(22-233297).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023004NOA/12023004NOA_Closure%20Letter_05042023_(22-233297).pdf\n\n12023004NOA_Closure Letter_05042023_(22-233297)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023004NOA/12023004NOA_Closure%20Letter_05042023_(22-233297)_text.pdf\n\n12023004NOA_Notice of Amendment_02022023_(22-233297).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023004NOA/12023004NOA_Notice%20of%20Amendment_02022023_(22-233297).pdf\n\n12023004NOA_Notice of Amendment_02022023_(22-233297)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023004NOA/12023004NOA_Notice%20of%20Amendment_02022023_(22-233297)_text.pdf\n\n12023004NOA_Operator Response to Notice_03032023_(22-233297).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023004NOA/12023004NOA_Operator%20Response%20to%20Notice_03032023_(22-233297).pdf\n\n12023004NOA_Closure Letter_05042023_(22-233297)_text.pdf\n\nVIA ELECTRONIC MAIL TO: harrisr@natfuel.com\nMay 4, 2023\nRamon Harris\nVice President\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, New York 14221\nCPF 1-2023-004-NOA\nDear Mr. Harris:\nOn September 14, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code National Fuel Gas Supply\nCorporation’s (NFG) Operations and Maintenance (O&M) procedures as part of an inspection of\nSpecial Permit PHMSA-2017-0090 in Kane, Pennsylvania. As a result of the inspection, NFG was\nissued a Notice of Amendment (NOA) on February 2, 2023, which proposed amendment of your\nprocedures. NFG submitted its amended procedures on March 06, 2023, with cover letter dated March\n3, 2023. NFG further revised its procedures following PHMSA’s request to do so during meeting held\nMarch 23, 2023. NFG re-submitted its amended procedures on April 21, 2023. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have\nbeen corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for\nyour cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Jeffery Kittka, Vice President, National Fuel Gas Supply Corporation <kittkaj@natfuel.com>\nSteven Monnie, DOT Compliance Assistant, National Fuel Gas Supply Corporation\n<monnies@natfuel.com>\n\n12023004NOA_Notice of Amendment_02022023_(22-233297)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nFebruary 2, 2023\nDavid P. Bauer\nPresident and Chief Executive Officer\nNational Fuel Gas Supply Corporation\n6363 Main Street\nWilliamsville, New York 14221\nCPF 1-2023-004-NOA\nDear Mr. Bauer:\nOn September 14, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected National\nFuel Gas Supply Corporation’s (NFG) Operations and Maintenance (O&M) procedures as part of\nan inspection of Special Permit PHMSA-2017-0090 in Kane, Pennsylvania.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within NFG’s\nplans or procedures, as described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies\n(a) …\n(b) Maintenance and normal operations. The manual required by\nparagraph (a) of this section must include procedures for the following,\nif applicable, to provide safety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in\naccordance with each of the requirements of this subpart and Subpart\nM of this part.\nNFG’s manual of written procedures were inadequate to ensure safe operation of a pipeline facility.\nSpecifically, NFG’s procedures required by § 192.605(b)(1) failed to provide meaningful guidance\nas to where warning signs to prevent accidental ignition as required by § 192.751(c)1 are to be\nposted.\nDuring the inspection, PHMSA reviewed NFG’s O&M, Section 2.12 Prevention of Accidental\n\n\n\nIgnition, A.6 and NFG’s guidance found in the Engineering Design Manual (Design Manual)\nSection 4.27 SECURITY / PROTECTION / FENCING / GATES, D.1.a.1: Signage. The O&M\nand Design Manual failed to provide sufficient detail regarding where signage meeting the\nrequirements of § 192.751(c) should be placed along the pipeline rights-of-way at fenced above\nground facilities where the public may come in close proximity and be subject to potential\nsituations where accidental ignition could occur.\nTherefore, NFG’s manual of written procedures required by § 192.605(b)(1) were inadequate for\nfailing to provide sufficient detail regarding placement of signs required by § 192.751(c). NFG\nmust revise its procedures to address this requirement.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Enforcement\nProceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that National Fuel Gas Supply Corporation maintain documentation\nof the safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Robert Burrough, Director,\nEastern Region, Pipeline and Hazardous Materials Safety Administration, 840 Bear Tavern Road,\nSuite 300, West Trenton, NJ 08628. In correspondence concerning this matter, please refer to CPF\n1-2023-004-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible. Smaller files may be emailed to robert.burrough@dot.gov. Larger files should\nbe sent on USB flash drive accompanied by the original paper copy to the Eastern Region Office.\n\n\n\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n1 §192.751 Prevention of accidental ignition.\nEach operator shall take steps to minimize the danger of accidental ignition of gas in any structure or area where the presence of\ngas constitutes a hazard of fire or explosion, including the following:\n(a) ...\n(c) Post warning signs, where appropriate.","truncated":false,"body_characters":8185}