{"operation":"document","citation":"CPF 12026029NOA","title":"EMPIRE PIPELINE INC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":"2026-03-17","effective_on":null,"summary":"OPEN notice of amendment citing 192.467(d), 192.605(b)(1), 192.605(b)(2), 192.605(d), 192.607(b), 192.631(c)(3), 192.750, 192.911(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026029noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026029noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12026029noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12026029NOA","body":"Notice of Amendment involving EMPIRE PIPELINE INC. PHMSA's enforcement data identifies the cited regulations as 192.467(d),  192.605(b)(1),  192.605(b)(2),  192.605(d),  192.607(b),  192.631(c)(3),  192.750,  192.911(d). The case was opened on 2026-03-17 and is reported as open. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12026029NOA_Notice of Amendment_03172026_(24-296053).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026029NOA/12026029NOA_Notice%20of%20Amendment_03172026_(24-296053).pdf\n\n12026029NOA_Notice of Amendment_03172026_(24-296053)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026029NOA/12026029NOA_Notice%20of%20Amendment_03172026_(24-296053)_text.pdf\n\n12026029NOA_Operator Response to Notice_06052026_(24-296053).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12026029NOA/12026029NOA_Operator%20Response%20to%20Notice_06052026_(24-296053).pdf\n\n12026029NOA_Notice of Amendment_03172026_(24-296053)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and\nHazardous Materials\nSafety Administration\n840 Bear Tavern Road, Suite 300\nWest Trenton, NJ 08628\n609.771.7800\nNOTICE OF AMENDMENT\nVIA EMAIL TO: delvecchioj@natfuel.com\nMarch 17, 2026\nJoseph Del Vecchio\nPresident\nEmpire Pipeline, Inc.\n6363 Main Street\nWilliamsville, NY 14221\nCPF 1-2026-029-NOA\nDear Mr. Del Vecchio:\nFrom May 20 to November 6, 2024, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), Eastern Region, pursuant to\nChapter 601 of 49 United States Code (U.S.C.), inspected Empire Pipeline, Inc.’s (Empire or\nRespondent)1 procedures.\nAs a result of the inspection, PHMSA has identified apparent inadequacies in Empire’s plans or\nprocedures. The alleged inadequacies and proposed revisions are 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.\n§ 192.631 Control room management.\n(a) …\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n1 Empire Pipeline Inc. is a subsidiary of National Fuel Gas Company.\n\n\n\nCPF 1-2026-029-NOA\n(1) …\n(3) Test and verify an internal communication plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months;\nEmpire’s written control room management procedures were inadequate to assure safe operation\nof a pipeline facility. Specifically, Empire’s Control Room Management Plan (12/7/2021) (CRM\nPlan) failed to include procedures to test and verify an internal communication plan to provide\nadequate means for manual operation, as required by sections 192.605(b)(1) and 192.631(c)(3).\nEmpire’s CRM Plan in section 5.4 required a “Standards Team” to document the annual testing of\nthe internal communication plan, specifying that the Operational Emergency Procedure Plan\n(OEPP) would be used to facilitate this test. However, the OEPP contained no provisions for\nannual testing, as it was designed for actual emergencies.\nTherefore, Empire’s written control room management procedures were inadequate to assure safe\noperation of a pipeline facility. PHMSA proposes that Empire revise its procedures to address the\nabove deficiency.\n2. § 192.911 What are the elements of an integrity management program?\nAn operator’s initial integrity management program begins with a\nframework (see § 192.907) and evolves into a more detailed and\ncomprehensive integrity management program, as information is\ngained and incorporated into the program. An operator must make\ncontinual improvements to its program. The initial program\nframework and subsequent program must, at minimum, contain the\nfollowing elements. (When indicated, refer to ASME B31.8S\n(incorporated by reference, see § 192.7) for more detailed information\non the listed element.)\n(a) …\n(d) A direct assessment plan, if applicable, meeting the\nrequirements of § 192.923, and depending on the threat assessed, of §§\n192.925, 192.927, or 192.929.\nEmpire’s written integrity management procedures were inadequate to assure safe operation of a\npipeline facility, as required by section 192.911(d). Specifically, Empire’s Pipeline Integrity\nManagement Plan, Appendix N, ECDA Plan (07/30/14) (IMP) incorrectly referenced sections of\nthe NACE SP0502-2010 (SP0502) standard.\nDuring the inspection, PHMSA found that section N.8.9 of the IMP (Data to be Collected on\nCoating Damage and Corrosion Depth) directs personnel to section 5.4 of SP0502 for\nmeasurement requirements regarding remaining strength, coating damage, and corrosion depth.\nHowever, section 5.4 does not contain these requirements. The correct criteria are located in\nSP0502 section 5.5 (coating damage and corrosion depth) and section 5.6 (remaining strength).\nTherefore, Empire’s written integrity management procedures were inadequate to assure safe\n2\n\n\n\nCPF 1-2026-029-NOA\noperation of a pipeline facility. PHMSA proposes that Empire revise its procedures to address the\nabove deficiencies.\n3. § 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.\n§ 192.750 Launcher and receiver safety.\nAny launcher or receiver used after July 1, 2021, must be equipped\nwith a device capable of safely relieving pressure in the barrel before\nremoval or opening of the launcher or receiver barrel closure or flange\nand insertion or removal of in-line inspection tools, scrapers, or\nspheres. An operator must use a device to either: Indicate that pressure\nhas been relieved in the barrel; or alternatively prevent opening of the\nbarrel closure or flange when pressurized, or insertion or removal of\nin-line devices (e.g. inspection tools, scrapers, or spheres), if pressure\nhas not been relieved.\nEmpire’s written procedures for operating, maintaining, and repairing the pipeline were inadequate\nto assure safe operation of a pipeline facility. Specifically, Empire failed to include adequate\ninstructions for the safe operation of launcher and receiver safety devices mandated by sections\n192.605(b)(1) and 192.750 in its procedure, National Fuel Gas Supply and Empire Operation and\nMaintenance Procedures, V-2024.2 (06/28/2024) (O&M Manual).\nSection 10.6.33 in the O&M Manual described the procurement process for launcher and receivers\nas well as using existing launchers and receivers. While the procedure acknowledged that safety\ndevices were installed on the closure doors, it failed to provide instructions for operating the\ndevices, specify any required training, or reference design schematics for technicians.\nTherefore, Empire’s written procedures for operating, maintaining, and repairing the pipeline were\ninadequate to assure safe operation of a pipeline. PHMSA proposes that Empire revise its\nprocedure to address the above deficiency.\n4. § 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.\n3\n\n\n\nCPF 1-2026-029-NOA\n§ 192.607 Verification of Pipeline Material Properties and Attributes:\nOnshore steel transmission pipelines.\n(a) …\n(b) Documentation of material properties and attributes. Records\nestablished under this section documenting physical pipeline\ncharacteristics and attributes, including diameter, wall thickness, seam\ntype, and grade (e.g., yield strength, ultimate tensile strength, or\npressure rating for valves and flanges, etc.), must be maintained for the\nlife of the pipeline and be traceable, verifiable, and complete. Charpy\nv-notch toughness values established under this section needed to meet\nthe requirements of the ECA method at § 192.624(c)(3) or the fracture\nmechanics requirements at § 192.712 must be maintained for the life of\nthe pipeline.\nEmpire’s written procedures for operating, maintaining, and repairing the pipeline were inadequate\nto assure safe operation of a pipeline facility. Specifically, Empire’s procedures for defining\ntraceable, verifiable, and complete (TVC) records failed to contain sufficient detail, as required by\nsections 192.605(b)(1) and 192.607(b).\nDuring the inspection, PHMSA reviewed Empire’s procedures for determining if records meet the\nthreshold of TVC found, within Pipeline Integrity Management Plan, Appendix M (06/07/2021)\n(IMP). Section 1.2 in the IMP included a list of records Empire would utilize and that may have\nthe necessary parameters needed for material verification. However, the procedure failed to\ninclude the methodology or criteria personnel must use to evaluate whether a collected record—\nor combination of records—satisfies the definition of TVC.\nWhile documents such as purchase orders or as-built records are potential sources of material\nproperties, they do not guarantee completeness or accuracy on their own. Empire’s procedure\nfailed to provide instructions directing personnel on how to cross-reference complementary\ndocumentation or verify that source documents are accurate final revisions before considering\nthem TVC records.\nTherefore, Empire’s written procedures for operating, maintaining, and repairing the pipeline were\ninadequate to assure safe operation of a pipeline facility. PHMSA proposes that Empire revise its\nprocedures to address the above deficiency.\n5. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(d) Safety-related condition reports. The manual required by\nparagraph (a) of this section must include instructions enabling\npersonnel who perform operation and maintenance activities to\nrecognize conditions that potentially may be safety-related conditions\nthat are subject to the reporting requirements of § 191.23 of this\nsubchapter.\n4\n\n\n\nCPF 1-2026-029-NOA\nEmpire’s written procedures for operating, maintaining, and repairing the pipeline were inadequate\nto assure safe operation of a pipeline facility. Specifically, Empire’s procedure, National Fuel Gas\nSupply and Empire Operation and Maintenance Procedures, V-2024.1, section 2.6.10 (02/23/24),\nfailed to include instructions enabling personnel who perform operation and maintenance activities\nto recognize conditions that potentially may be safety-related conditions (SRCs) with respect to\nmonitoring and reporting maximum allowable operating pressure (MAOP) exceedances that may\nbe SRCs under section 191.23(a)(10).\nDuring the inspection, PHMSA reviewed Empire’s procedures related to reporting MAOP\nexceedances as SRCs. Empire stated that its engineering team reviews a daily pressure log as part\nof the internal process for determining if MAOP has been exceeded. However, Empire had no\nwritten procedures to document this review.\nTherefore, Empire’s written procedures for operating, maintaining, and repairing the pipeline were\ninadequate to assure safe operation of a pipeline facility. PHMSA proposes that Empire revise its\nprocedures to address the above deficiency.\n6. § 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) …\n(2) Controlling corrosion in accordance with the operations and\nmaintenance requirements of Subpart I of this part.\nEmpire’s written procedures for corrosion control were inadequate to assure safe operation of a\npipeline facility. Specifically, Empire’s procedures for inspecting and evaluating each pipeline or\nportion of the pipeline that is exposed to the atmosphere for evidence of atmospheric corrosion\npursuant to section 192.481 failed to include consistent and sufficient detail for grading corrosion.\nDuring the inspection, PHMSA reviewed Empire’s procedures related to atmospheric corrosion\ncontrol, including Empire’s National Fuel Gas Supply and Empire Operation and Maintenance\nProcedures: V-2024.1 (02/23/24) (O&M Manual) and related forms NFG Atmospheric Corrosion\nField Inspection (12/09/09) and NFG Compressor Station - Atmospheric Corrosion Inspection\n(12/09/09). While section 5.6.15 in the O&M Manual directed personnel to use a 1-to-4 priority\nranking system on inspection forms, it failed to include instructions on how to correlate observed\nfield conditions to those priority rankings.\nTherefore, Empire’s written procedures for corrosion control were inadequate to assure safe\noperation of a pipeline facility. PHMSA proposes that Empire revise its procedures to address the\nabove deficiency.\n7. § 192.467 External corrosion control: Electrical isolation.\n(a) …\n5\n\n\n\nCPF 1-2026-029-NOA\n(d) Inspection and electrical tests must be made to assure that\nelectrical isolation is adequate.\n§ 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) …\n(2) Controlling corrosion in accordance with the operations and\nmaintenance requirements of subpart I of this part.\nEmpire’s written procedures for corrosion control were inadequate to assure safe operation of a\npipeline facility. Specifically, Empire’s procedures for conducting inspection and electrical tests\nto assure that electrical isolation is adequate failed to include inspection and electrical tests criteria\nfor all insulating devices, such as flanges, as required by section 192.467(d).\nDuring the inspection, PHMSA reviewed Empire’s procedures related to electrical isolation\ntesting, including National Fuel Gas Supply and Empire Operation and Maintenance Procedures,\nV-2024.1, Section 5.6.7 (02/23/24), subsection D which stated in part that “[i]nspection and\nelectrical tests must be made to ensure electrical isolation is adequate.” Subsection H provided\ncriteria for inspection and electrical tests at casings. However, the procedure failed to include\ninspection and electrical tests criteria for other insulating devices, such as flanges.\nTherefore, Empire’s written procedures for corrosion control were inadequate to assure safe\noperation of a pipeline facility. PHMSA proposes that Empire revise its procedures to address the\nabove deficiency.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 CFR § 190.206.\nPlease review the enclosed Response Options for Pipeline Operators in Enforcement Proceedings.\nThe Respondent must respond to this Notice within 30 days of receipt. The Region Director may\nextend this period upon receipt of a timely written request demonstrating good cause. Failure to\nrespond within 30 days (or by the extended deadline) constitutes a waiver of the right to contest\nthe allegations in the Notice and authorizes the Associate Administrator for Pipeline Safety,\nwithout further notice to the Respondent, to find the facts as alleged in the Notice and to issue an\nOrder Directing Amendment. If the Respondent’s plans or procedures are found inadequate as\nalleged in this Notice, the Respondent will be ordered to amend its plans or procedures to correct\nthe inadequacies. Once the inadequacies identified herein have been addressed in amended\nprocedures, this enforcement action will be closed.\nAll material submitted in response to this enforcement action may be made publicly available. If\nthe Respondent believes that any portion of the responsive material qualifies for confidential\ntreatment under 5 U.S.C. § 552(b), along with the complete original document, it must provide a\nsecond copy of the document with the portions that may qualify for confidential treatment redacted\n6\n\n\n\nCPF 1-2026-029-NOA\nand an explanation of why the redacted information may qualify for confidential treatment under\n5 U.S.C. § 552(b).\nPHMSA requests that the Respondent maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice (preparation/revision of plans and procedures) and submit the\ntotal to the Region Director.\nIn correspondence on this matter, please refer to CPF 1-2026-029-NOA.\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Steven Glass, Assistant VP, Empire Pipeline, GlassS@natfuel.com\nSteven Monnie, Senior Manager, Empire Pipeline, MONNIES@NATFUEL.COM\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n7","truncated":false,"body_characters":17564}