{"operation":"document","citation":"CPF 220041006","title":"EQUITRANS MIDSTREAM CORPORATION — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-04-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.17(a), 192.465(a), 192.603(b), 192.605(a), 192.615(b)(2), 192.615(c), 192.616, 192.705, 192.706(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220041006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220041006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220041006","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220041006","body":"Notice of Probable Violation involving EQUITRANS MIDSTREAM CORPORATION. PHMSA's enforcement data identifies the cited regulations as 191.17(a),  192.465(a),  192.603(b),  192.605(a),  192.615(b)(2),  192.615(c),  192.616,  192.705,  192.706(a). The case was opened on 2004-04-22 and is reported as closed as of 2005-05-05. Proposed civil penalty: $4,500. Assessed civil penalty: $4,500. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220041006_Final Order_05052005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220041006/220041006_Final%20Order_05052005.pdf\n\ncpf_220041006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220041006/cpf_220041006.pdf\n\n220041006_Final Order_05052005.pdf\n\nI\n@\nU.5. Deportment\nof Tronsportotion\nPlpeline ond\nHozqrdous frlofiedqls gotefy\nAdmlnbtrollon\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nl\\,|AY - 5 2005\nMr. Robert J. Cooper\nCompliance Manager\nEquitable Production\nI 7 I 0 Pennsylvania Avenue\nCharleston, WV 25302\nRE: CPF No. 2-2004-1006 (Nora Transmission Pipeline)\nDear Mr. Cooper:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes findings of violation and assesses a civil penalty of $4,500. I\nacknowledge receipt of, and accept Equitable Production Company's paltnent datedJwte29,2004\nin the amognt of $4,500 as payment in full of the civil penalty assessed against Nora Transmission\nPipeline, an affiliate of Equitable Production, in the Final Order. This case is now closed. Your\nreceipt of the Final order constitutes service of that document under 49 q.F.R. $ 190'5.\nSincerely,\n$-.'^ fi+--\nJames Relmolds\nPiPeline ComPliance Registry\nOffice of PiPeline SafetY\nEnclosure\ncc: Ms. Linda Daugherty, Director, OPS Southern Region\no\n\n\n\nDEPARTMENT OF' TRANSPORTATION\nPIPELINE AI\\D HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOF'F'ICE OF' PIPELINE SAFETY\nWASHINGTON. DC 20590\nIn the Matter of\nNORA TRANSMISSION PIPELINE\nAn Affiliate of Equitable Production\nRespondent.\nCPFNo. 2-2004-1006\nFINAL ORDER\nDuring Octob er29-30,2003, pursuantto 49U.S.C. $ 60117, representatives ofthe Office ofPipeline\nSafety (OPS), Southem, conducted an inspection an on-site pipeline safety inspection of Nora\nTransmission Pipeline, an affiliate ofEquitable Production, facilities and records in Big Stone Gap'\nVirginia. As a result of the inspection, the Director, Southem Region, OPS, issued to Respondent,\nby fetter dated Apil2Z,Z004, a Notice of Probable Violation and Proposed Civil Penalty (Notice)' '\nIn accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that Respondent had\ncommitted violations of 49 C.F.R. Parts 191 and, 192 and proposed assessing a civil penalty of\n$4,500 for the alleged violations.\nRespondent requested an extension of time on May 18, 2004 to respond to the Notice. OnMay 26,\n2004, Respondent was granted an extension until June 30, 2004 to submit a response to the Notice.\nRespondent responded io the Notice by letter dated June 15,2004 (Response). Respondent did not\nconiest the allegations ofviolation. Respondent did not request a hearing, consequently Respondent\nwaived its right to one.\nFINDINGS OFVIOLATION\nUrucontested\nRespondentdidnotcontesttheallegedviolationsof$$191.17(a),192.465(a),192'615(c),192;791\n1g2.706(a)intheNotice. Accordingly,IfindthatRespondentviolated4gC.F.R.Partsl9landl92'\nas more ful$ described in the Notice:\nrThi,\nhowever, is no longer before RSPA for decision. Effective February 20,2005,1he Pipeline ard\n\"ur.,\nHazardous Materials Safety Adminishation (PHMSA) was created to further the highest degree of safety in pipeline\ntransportation and hazardous materials transiortation. See' section 108 of the Norman Y' Mineta Research and\nSpecial Programs lmprovement Act (Public iaw 108-426,,118 Stat' 2423-2429 (November 30' 2004))' See also', 70\nria, n\"g. sill 1r.uruury r a, igos) ieaetegating the pipeline safety fiurctions to the Administrator' PHMSA'\n\n\n\n2\n49 C.F.R. §191.17(a)- failure to submit an annual report, Form RSPA 7100.2-1, for\nits system within the required interval for calendar year 2000.\n49 C.F.R. §192.465(a) - failure to monitor its cathodic protection systems at least\nonce each calendar year, as there were no records of annual monitoring during the\nyears of 2001 and 2002.\n49 C.F.R. §192.615(c) - failure to maintain records in sufficient detail to demonstrate\nit established an effective liaison program with fire, police and other public\nemergency response officials.\n49 C.F.R. §192.705 - failure to have records to show that it patrolled its pipelines\nduring calendar year 2003 to observe surface conditions on and adjacent to the\ntransmission line right-of-way for indications of leaks, construction activity, and\nother factors affecting safety and operation.\n49 C.F.R. §192.706(a) - failure to maintain records in sufficient detail to demonstrate\nthat it performed leakage surveys with leak detector equipment within the required\ninterval, as there was no date on the form.\nThese findings of violation will be considered prior offenses in any subsequent enforcement action\ntaken against Respondent.\nASSESSMENT OF PENALTY\nUnder 49 U.S.C. § 60122, Respondent is subject to a civil penalty not to exceed $100,000 per\nviolation for each day of the violation up to a maximum of $1,000,000 for any related series of\nviolations.\n49 U.S.C. § 60122 and 49 C.F.R. § 190.225 require that, in determining the amount of the civil\npenalty, I consider the following criteria: nature, circumstances, and gravity of the violation, degree\nof Respondent's culpability, history of Respondent's prior offenses, Respondent's ability to pay the\npenalty, good faith by Respondent in attempting to achieve compliance, the effect on Respondent's\nability to continue in business, and such other matters as justice may require. The Notice proposed\na total civil penalty of $4,500 for violation of 49 CFR §§191.17(a), 192.465(a), 192.615(c), 192.705,\nand 192 706(a). The Notice proposed a total civil penalty of $4,500.\nThe Notice proposed a civil penalty of $1,000 for Item 1, $1,000 for Item 2, $1,000 for item 6,\n$1,000 for Item 8, and $500 for Item 9. Respondent did not contest the violations or the civil\npenalty. Accordingly, having reviewed the record and considered the assessment criteria, I assess\nRespondent a civil penalty of $4,500, already paid by the Respondent.\n\n\n\nWARI{INGITEM\nThe Notice did not propose a civil penalty or corrective action for Items 3, 4,5, and 7 but wamed\nRespondent that it should take appropriate corrective action to correct the items. Respondent\npresented information in its response showing that it has addressed the cited items. Respondent is\nagain wamed that if OPS finds a violation in a subsequent inspection, enforcement action will be\ntaken.\nThe terms and conditions of this Final Order are effective on receipt.\n? /qh,rleMAY - 5 ?005\nStacey Gerard\nAssoci ate Adminishator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":6999}