{"operation":"document","citation":"CPF 320165004W","title":"NOVA CHEMICALS CORPORATION — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-04-19","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320165004W","body":"Warning Letter involving NOVA CHEMICALS CORPORATION. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.505(b). The case was opened on 2016-04-19 and is reported as closed as of 2016-04-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320165004W_Warning Letter_04192016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165004W/320165004W_Warning%20Letter_04192016.pdf\n\n320165004W_Warning Letter_04192016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165004W/320165004W_Warning%20Letter_04192016_text.pdf\n\n320165004W_Warning Letter_04192016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 19, 2016\nMr. Bill Greene\nSenior Vice President, Operations\nNova Chemicals (Canada) LTD\n1555 Coraopolis Heights Rd\nMoon Township, PA 15108\nCPF 3-2016-5004W\nDear Mr. Greene:\nOn September 22-24, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\npipeline facilities in Marysville, MI.\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 violations are:\n1. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program shall\ninclude provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are qualified;\nNOVA Chemicals did not follow its written operator qualification program. During the\ninspection, it was discovered that NOVA Chemicals installed a welded repair sleeve on its\nfacility in 2012 with a welder who was not qualified under their Operator Qualification\nProgram. After this repair, NOVA Chemicals determined that the welder should have been\nqualified for this covered task.\n\n\n\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. This manual shall be reviewed at\nintervals not exceeding 15 months, but at least once each calendar year, and appropriate\nchanges made as necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline system commence, and appropriate parts\nshall be kept at locations where operations and maintenance activities are conducted.\nIn 2014 the annual review of the Operation and Maintenance Manual was not conducted by\nNOVA Chemicals. NOVA Chemicals created a new system in 2015 to ensure timeliness of\nthese annual reviews.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe items identified in this letter. Failure to do so will result in NOVA Chemicals (Canada)\nLTD being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2016-5004W. 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,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4361}