{"operation":"document","citation":"CPF 220071005","title":"EQUITRANS MIDSTREAM CORPORATION — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-04-09","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.603(b), 192.705(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220071005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220071005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220071005","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220071005","body":"Notice of Probable Violation involving EQUITRANS MIDSTREAM CORPORATION. PHMSA's enforcement data identifies the cited regulations as 192.603(b),  192.705(b). The case was opened on 2007-04-09 and is reported as closed as of 2010-11-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220071005_closure letter_11222010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_closure%20letter_11222010.pdf\n\n220071005_closure letter_11222010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_closure%20letter_11222010_text.pdf\n\n220071005_FinalOrder_02232010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_FinalOrder_02232010.pdf\n\n220071005_FinalOrder_02232010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_FinalOrder_02232010_text.pdf\n\n220071005_operator response_05102007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/220071005_operator%20response_05102007.pdf\n\nCPF 2-2007-1005 Equitable Production Co_NPV_PCO_4_9_07_derick.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/CPF%202-2007-1005%20Equitable%20Production%20Co_NPV_PCO_4_9_07_derick.pdf\n\ncpf 2-2007-1005 equitable production co_npv_pco_4_9_07_derick_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220071005/cpf%202-2007-1005%20equitable%20production%20co_npv_pco_4_9_07_derick_text.pdf\n\n220071005_FinalOrder_02232010_text.pdf\n\nFEB 23 2010\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED [7009 1410 0000 2472 9949]\nMr. Joseph E. O’Brien\nPresident\nEquitable Production Company\n225 North Shore Drive\nPittsburgh, PA 15212-5861\nRE: CPF No. 2-2007-1005\nDear Mr. O’Brien:\nEnclosed is the Final Order issued in the above-referenced case. It makes findings of violation\nand specifies actions to be taken to comply with the pipeline safety regulations. When the terms\nof the compliance order are completed, as determined by the Director, Southern Region, this\nenforcement action will be closed. Service of this Final Order is complete upon satisfaction of\nthe requirements in 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Robert J. Cooper, Director, Facilities and Technical Training, Equitable Production\nMs. Linda Daugherty, Director, Southern Region, OPS\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 )\nEquitable Production Company, ) CPF No. 2-2007-1005\n)\n)\n)\nRespondent. )\n__________________________________ )\nFINAL ORDER\nOn May 23-24, 2006, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site safety inspection of the facilities and records of Equitable Production\nCompany (Equitable or Respondent) at Big Stone Gap, Virginia, for its Clintwood, Virginia\npipeline facilities. As a result of the inspection, the Director, Southern Region, OPS (Director),\nissued to Equitable, by letter dated April 9, 2007, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Respondent committed violations of 49 C.F.R. Part 192 and that it take certain\nmeasures to correct the alleged violations.\nRespondent responded to the Notice by letter dated May 10, 2007 (Response). Respondent did\nnot contest the allegations of violation, but expressed its intent to comply with the corrective\nactions as proposed in the compliance order. Respondent did not request a hearing and therefore\nhas waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Equitable did not contest the allegations in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.705(b), which states:\n§ 192.705 Transmission lines: Patrolling.\n(a) . . . .\n\n\n\n2\n(b) The frequency of patrols is determined by the size of the line, the operating\npressures, the class location, terrain, weather, and other relevant factors, but intervals\nbetween patrols may not be longer than prescribed in the following table:\nClass\nlocation\nof line\nMaximum interval between patrols\nAt highway and\nrailroad crossings\nAt all other places\n1, 2 71/2 months; but at\nleast twice each\ncalendar year.\n15 months; but at least\nonce each calendar\nyear.\n3 41/2 months; but at\nleast four times\neach calendar year.\n71/2 months; but at\nleast twice each\ncalendar year.\n4 41/2 months; but at\nleast four times\neach calendar year.\n41/2 months; but at\nleast four times each\ncalendar year.\nThe Notice alleged that Respondent’s patrolling records show that in 2005 it exceeded maximum\ninterval for conducting Class 3 highway crossing patrols. Specifically, the Notice alleged that\nRespondent failed to complete the required patrols within the required interval in 2005.\nEquitable’s records show the highway crossing patrols were conducted on the following dates:\n2004 Year 2005 Year 2006 Year\n11-01-04 05-06-05 01-13-06\n06-06-05 04-25-06\n12-21-05 05-12-06.\nMaintaining a system of inspection insures reasonable promptness in the detection of all surface\nconditions on and adjacent to the transmission line right-of-way. Patrolling alerts the operator to\nindications of any and all factors affecting the safe operation of the pipeline. The purpose of this\nregulation is to locate any pipeline leaks and to detect excavation activity that could affect the\nsafe operation of the pipeline. As Equitable has not contested these allegations, I find that\nRespondent violated 49 C.F.R. § 192.705(b) by exceeding the maximum interval for conducting\npatrols of highway crossings for pipelines in Class 3 locations during the 2005 calendar year.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\n\n\n\n3\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 1 in the Notice for violations of 49\nC.F.R. Part 192. Under 49 U.S.C. § 60118(a), each person who engages in the transportation of\ngas or who owns or operates a pipeline facility is required to comply with the applicable safety\nstandards established under chapter 601. Pursuant to the authority of 49 U.S.C. § 60118(b) and\n49 C.F.R. § 190.217, Respondent is ordered to take the following actions to ensure compliance\nwith the pipeline safety regulations applicable to its operations. Respondent must -\n1. In regard to Item Number 1 of the Notice, Equitable Production Company must\nestablish and document a process to ensure that routine patrolling of the pipeline\nsystem is performed, as required by 49 C.F.R. § 192.705(b).\n2. Equitable Production Company must provide documentation to show completion\nof the above action within 90 days of receipt of this Final Order.\n3. Equitable Production Company shall maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit\nthe total to Linda Daugherty, Director, Southern Region, Pipeline and Hazardous\nMaterials Safety Administration, 233 Peachtree Street, Suite 600, Atlanta, GA\n30303. Costs shall be reported in two categories: 1) total cost associated with\npreparation/revision of plans, procedures, studies and analyses, and 2) total cost\nassociated with replacements, additions and other changes to pipeline\ninfrastructure.\nThe Director may grant an extension of time to comply with any of the required items upon a\nwritten request timely submitted by Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not to\nexceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney General for appropriate relief in a district court of the United States.\nWARNING ITEM\nWith respect to Item 2, the Notice alleged probable violations of 49 C.F.R. Part 192, but did not\npropose a civil penalty or compliance order for that item. Therefore, it is considered to be a\nwarning item. The warning was for:\n49 C.F.R. § 192.603(b), (Notice Item 2) ─ Respondent’s alleged failure to keep\nrecords necessary to administer the procedures for its annual monitoring of\ncathodic protection. Specifically, the Notice alleged that Respondent’s records\nindicated that monitoring was performed in July 2004 and June 2005. However,\n\n\n\n4\nthe June 2005 documentation consisted only of pictures of the digital meter pipe-\nto-soil (p/s) reading and the half-cell at the test station location. The Notice also\nalleged that Respondent failed to maintain its records in accordance with its\nprocedures for documentation and the completion of company forms.\nEquitable presented information in its Response showing that it had taken certain actions to\naddress the cited items. Having considered such information, I find, pursuant to 49 C.F.R.\n§ 190.205, that probable violations of 49 C.F.R. § 192.603(b) (Notice Item 2) have occurred and\nRespondent is hereby advised to correct such conditions. In the event that OPS finds a violation\nfor any of this provision in a subsequent inspection, Respondent may be subject to future\nenforcement action.\nUnder 49 C.F.R. §190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline\nSafety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC\n20590. The petition must be received within 20 days of Respondent’s receipt of this Final Order\nand must contain a brief statement of the issue(s) and meet all other requirements of 49 C.F.R.\n§ 190.215. The terms of the Final Order, including any required corrective action, shall remain\nin full force and effect unless the Associate Administrator, upon request, grants a stay. The terms\nand conditions of this Final Order shall be effective upon receipt.\n___________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n220071005_closure letter_11222010_text.pdf\n\nNovember 22, 2010\nMr. Martin Fritz\nPresident\nEQT Midstream\n625 Liberty Avenue\nSuite 1700\nPittsburgh, PA 15222\nCPF 2-2007-1005\nDear Mr. Fritz:\nOn May 23-24, 2006, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected Equitable Production Company's (Equitable) procedures\nand records for the Clintwood, Virginia, pipeline facilities at the Big Stone Gap, Virginia,\noffice pursuant to Chapter 601 of 49 United States Code. It is our understanding that\nEquitable is now EQT Midstream.\nAs a result of the inspections, PHMSA issued a Final Order to Equitable on February 23,\n2010. The Final Order included a Compliance Order (CO), which required Equitable to take\ncertain actions to protect the public and the environment.\nThe PHMSA Southern Region has reviewed your September 30, 2010, written response to the\nCO. We find that you have met the requirements specified in the CO. No further action is\nnecessary with regards to the Final Order and this case is now closed.\nPlease be advised that nothing herein states or implies that the above described procedures\nand records meet the requirements of the federal pipeline safety regulations or that the\nprogram is approved. The pipeline system remains subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":11669}