{"operation":"document","citation":"CPF 320085008W","title":"NOVA CHEMICALS CORPORATION — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-07-18","effective_on":null,"summary":"CLOSED warning letter citing 195.412(a), 195.428(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085008w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085008w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320085008w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320085008W","body":"Warning Letter involving NOVA CHEMICALS CORPORATION. PHMSA's enforcement data identifies the cited regulations as 195.412(a),  195.428(b). The case was opened on 2008-07-18 and is reported as closed as of 2008-07-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320085008W_Warning Letter_07182008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085008W/320085008W_Warning%20Letter_07182008.pdf\n\n320085008W_Warning Letter_07182008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320085008W/320085008W_Warning%20Letter_07182008_text.pdf\n\n320085008W_Warning Letter_07182008_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 18, 2008\nMr. Bill Greene\nVice President - Manufacturing\nNova Chemicals\nUS Operating Centre\n1550 Coraopolis Heights Road\nMoon Township, PA 15108\nCPF 3-2008-5008W\nDear Mr. Greene:\nOn April 28 to May 2, 2008, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\npipeline facilities in Marysville, Michigan.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation(s) are:\n1. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times\neach calendar year, inspect the surface conditions on or adjacent to each pipeline\nright-of-way. Methods of inspection include walking, driving, flying or other\nappropriate means of traversing the right-of-way.\nReview of Nova’s patrol records for May 2007 found one example where they exceeded\nthe allowable three weeks between patrols. The dates in question were 5-4-2007 to 6-\n11-2007.\n\n\n\n2. §195.428 Overpressure safety devices and overfill protection systems\nExcept as provided in paragraph (b) of this section, each operator shall, at intervals\nnot exceeding 15 months, but at least once each calendar year, or in the case of\npipelines used to carry highly volatile liquids, at intervals not to exceed 7½ months,\nbut at least twice each calendar year, inspect and test each pressure limiting device,\nrelief valve, pressure regulator, or other item of pressure control equipment to\ndetermine that it is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the service\nin which it is used.\nNova did not inspect their over-pressure protection devices twice a year at intervals not\nto exceed 7½ months.\nNova has been inspecting their high pressure shut downs in Canada once a year.\nAdditionally, since the lines are bi-directional, Nova receives product in Canada from\nMarysville Storage. However, they do not have an over-pressure protection device when\nthe line runs in that direction. Marysville Storage has high pressure shut downs on their\npumps, but Nova has not been getting the inspections on them. The line did not exceed\nthe maximum operating pressure of 1440 psig for the time period reviewed.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the item(s)\nidentified in this letter. Failure to do so will result in Nova Chemicals being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2008-5008W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nIvan A. Huntoon\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4528}