{"operation":"document","citation":"CPF 12023028NOPV","title":"EASTERN GAS TRANSMISSION AND STORAGE, INC. — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-05-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.167(a)(4)(iii).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023028nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023028nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023028nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023028NOPV","body":"Notice of Probable Violation involving EASTERN GAS TRANSMISSION AND STORAGE, INC.. PHMSA's enforcement data identifies the cited regulation as 192.167(a)(4)(iii). The case was opened on 2023-05-25 and is reported as closed as of 2025-03-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023028NOPV_Final Order_03282025_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_Final%20Order_03282025_(22-232998).pdf\n\n12023028NOPV_Final Order_03282025_(22-232998)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_Final%20Order_03282025_(22-232998)_text.pdf\n\n12023028NOPV_Operator Post-Hearing Brief_03252024_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_Operator%20Post-Hearing%20Brief_03252024_(22-232998).pdf\n\n12023028NOPV_Operator Pre-Hearing Submission_02122024_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_Operator%20Pre-Hearing%20Submission_02122024_(22-232998).pdf\n\n12023028NOPV_Operator Response to Notice_07282023_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_Operator%20Response%20to%20Notice_07282023_(22-232998).pdf\n\n12023028NOPV_PCO_05252023_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_PCO_05252023_(22-232998).pdf\n\n12023028NOPV_PCO_05252023_(22-232998)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_PCO_05252023_(22-232998)_text.pdf\n\n12023028NOPV_PHC Hearing Scheduled_08172023_(22-232998).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_PHC%20Hearing%20Scheduled_08172023_(22-232998).pdf\n\n12023028NOPV_PHC Hearing Scheduled_08172023_(22-232998)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023028NOPV/12023028NOPV_PHC%20Hearing%20Scheduled_08172023_(22-232998)_text.pdf\n\n12023028NOPV_PHC Hearing Scheduled_08172023_(22-232998)_text.pdf\n\nAugust 17, 2023\nVIA ELECTRONIC MAIL TO: eric.taylor@bhegts.com and robert.burrough@dot.gov\nMr. Eric V. Taylor\nDirector, Engineering Services\nEastern Gas Transmission and Storage, Inc.\n6603 West Broad Street\nRichmond, VA 23200\nMr. Robert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\nRe: Notice of Hearing, Eastern Gas Transmission and Storage, Inc.\nCPF No. 1-2023-028-NOPV\nDear Mr. Taylor and Mr. Burrough:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Compliance Order issued by the Pipeline and Hazardous Materials\nSafety Administration in the above-referenced case. The hearing will take place on February 22,\n2024, beginning at 8:30 a.m. Eastern Time.\nThe hearing will be held at the PHMSA Eastern Region office, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (609)\n989-2171.\nAt least 10 calendar days prior to the hearing (or by February 12, 2024), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name\nand email address of each attendee. This information should be provided electronically. Materials\nnot submitted by this date may be excluded. If you have any questions, please do not hesitate to\ncontact me.\nSincerely,\nLarry White\nPresiding Official\ncc: Mr. John M. Lamb, Vice President, Eastern Pipeline Operations, Eastern Gas Transmission\nand Storage, Inc., john.lamb@bhegts.com\nMr. Joseph St. Peter, OPS Eastern Region Counsel, joseph.st.peter@dot.gov\n\n12023028NOPV_Final Order_03282025_(22-232998)_text.pdf\n\nMarch 28, 2025\nVIA ELECTRONIC MAIL TO: paul.ruppert@bhegts.com\nMr. Paul Ruppert\nPresident\nEastern Gas Transmission and Storage, Inc.\n6603 West Broad Street\nRichmond, VA 23200\nRe: CPF No. 1-2023-028-NOPV\nDear Mr. Ruppert:\nEnclosed please find the Final Order issued in the above-referenced case. It withdraws the\nNotice of Probable Violation and terminates this enforcement proceeding, without prejudice, as a\nmatter of administrative discretion. This enforcement action is now closed. Service of the Final\nOrder by e-mail is effective upon the date of transmission and acknowledgement of receipt as\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert Burrough, Director, Eastern Region, Office of Pipeline Safety,\nrobert.burrough@dot.gov\nMs. Brianne Kurdock, Counsel for EGT&S, Babst Calland, bkurdock@babstcalland.com\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nEastern Gas Transmission ) CPF No. 1-2023-028-NOPV\nand Storage, Inc. )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom September 7 through November 10, 2022, pursuant to 49 U.S.C. § 60117, representatives\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), conducted an on-site pipeline safety inspection of the facilities and records of\nEastern Gas Transmission and Storage, Inc. (EGT&S or Respondent) in and around Luthersburg,\nPennsylvania. EGT&S operates approximately 3,600 miles of natural gas gathering and\ntransmission pipelines in 6 states.\n1\nAs a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,\nby letter dated May 25, 2023, a Notice of Probable Violation and Proposed Compliance Order\n(Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that EGT&S had\nviolated 49 C.F.R. § 192.167(a)(4) and proposed ordering Respondent to take certain measures\nto correct the alleged violation.\nEGT&S responded to the Notice by letter dated July 28, 2023 (Response). EGT&S contested the\nallegation and requested an informal hearing. EGT&S submitted additional written material on\nFebruary 12, 2024 (Pre-hearing submission). A hearing was subsequently held on February 22,\n2024, in West Trenton, New Jersey before a Presiding Official from the PHMSA Office of Chief\nCounsel. At the hearing, Respondent was represented by counsel. After the hearing, Respondent\nprovided additional written material for the record by letter dated March 25, 2024 (Post-hearing\nsubmission). The Director provided a recommendation on April 24, 2024 (Recommendation)\nand EGT&S submitted a reply to the Recommendation on May 24, 2024 (Reply).\n1 PHMSA Violation Report at 1.\n\n\n\nWITHDRAWAL OF FINDING OF VIOLATION\nThe Notice alleged that Respondent violated 49 C.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(4), which states:\n§ 192.167 Compressor stations: Emergency shutdown.\n(a) Except for unattended field compressor stations of\n1,000 horsepower (746 kilowatts) or less, each compressor\nstation must have an emergency shutdown system that meets\nthe following:\n(1)…\n(4) It must be operable from at least two locations, each\nof which is:\n(i) Outside the gas area of the station;\n(ii) Near the exit gates, if the station is fenced, or near\nemergency exits, if not fenced; and\n(iii) Not more than 500 feet (153 meters) from the limits\nof the station.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.167(a)(4) by failing to have an\nemergency shutdown (ESD) system for an attended compressor station that can be triggered\nfrom at least two locations that are near exit gates. Specifically, the Notice alleged that the\nminimum of two ESD triggers at the fenced South Bend compressor station were not located\nnear the exit gates on the fence line as required by the regulation.\nIn its Response and at the hearing, EGT&S contested the allegation, primarily arguing that the\ntwo minimum ESD triggers at issue were positioned in a manner that met the regulatory\nrequirement for location near the exit gates of the facility.\nThe facts in this case are undisputed. The South Bend compressor station, which is fenced, was\noriginally constructed and placed into service in 1951. Beginning in 1961, modifications were\nmade to the facility which included the installation of additional ESD triggers. These\nmodifications also included alterations to the fence line of the facility and these alterations put\nthe minimum of two ESD triggers at a further distance from the exit gates than was the case\noriginally. Following these alterations, the closest of the two ESD triggers is now 145 feet from\nthe nearest exit gate and the second closest is 171 feet from the nearest exit gate.2\nRespondent disagreed with OPS that the locations of the two closest ESD triggers, at distances of\n145 feet and 171 feet from the exits, were not near the exits for purposes of the cited regulation,\nand asserted that OPS’ position was arbitrary and capricious.\nI acknowledge that EGT&S is correct in its Response that § 192.167 is not a prescriptive\n2 There are now a total of five emergency shutdown triggers within the facility, the other three being located at\ndistances greater than 171 feet from the respective exit gates nearest to each of them.\n\n\n\nregulation that dictates exactly how many feet the ESD triggers must be from the exit gates,\nalthough the purpose of the regulation is clear—to ensure employees who are rapidly evacuating\nthe facility due to a gas leak or fire emergency can hit the shutdown as soon as practicable after\nexiting through the gate and not be at any further risk or needing to do so further inside the\nfacility.\nIn addition, it should be noted that the regulation does provide operators with a degree of\nflexibility to account for unique circumstances at a given facility that should be considered when\ndetermining the proximity of the required ESD trigger to a gate, and would justify a particular\ndistance.\nAccordingly, after considering all of the evidence and circumstances of this case, I hereby\nwithdraw the alleged violation 49 C.F.R. § 192.167(a)(4), without prejudice, as a matter of\nadministrative discretion. The decision to exercise enforcement discretion in this matter is\nspecific to the facts of this incident. This case is now closed.\nWITHDRAWAL OF COMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for Respondent’s\nalleged violation of 49 C.F.R. § 192.167(a)(4) for failing to have an emergency shutdown system\nfor an attended compressor station that is operable from at least two locations that are near exit\ngates which is also withdrawn.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 C.F.R. § 190.243. The terms of\nthe order, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective upon service in\naccordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11827}