# NOVA CHEMICALS CORPORATION — Warning Letter

- **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:** Not available
- **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.

Official case documents:

320165004W_Warning Letter_04192016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165004W/320165004W_Warning%20Letter_04192016.pdf

320165004W_Warning Letter_04192016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165004W/320165004W_Warning%20Letter_04192016_text.pdf

320165004W_Warning Letter_04192016_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
April 19, 2016
Mr. Bill Greene
Senior Vice President, Operations
Nova Chemicals (Canada) LTD
1555 Coraopolis Heights Rd
Moon Township, PA 15108
CPF 3-2016-5004W
Dear Mr. Greene:
On September 22-24, 2015, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your
pipeline facilities in Marysville, MI.
As a result of the inspection, it appears that you have committed probable violations of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violations are:
1. § 195.505 Qualification program.
Each operator shall have and follow a written qualification program. The program shall
include provisions to:
(b) Ensure through evaluation that individuals performing covered tasks are qualified;
NOVA Chemicals did not follow its written operator qualification program. During the
inspection, it was discovered that NOVA Chemicals installed a welded repair sleeve on its
facility in 2012 with a welder who was not qualified under their Operator Qualification
Program. After this repair, NOVA Chemicals determined that the welder should have been
qualified for this covered task.



2. § 195.402 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline system a manual of
written procedures for conducting normal operations and maintenance activities and
handling abnormal operations and emergencies. This manual shall be reviewed at
intervals not exceeding 15 months, but at least once each calendar year, and appropriate
changes made as necessary to insure that the manual is effective. This manual shall be
prepared before initial operations of a pipeline system commence, and appropriate parts
shall be kept at locations where operations and maintenance activities are conducted.
In 2014 the annual review of the Operation and Maintenance Manual was not conducted by
NOVA Chemicals. NOVA Chemicals created a new system in 2015 to ensure timeliness of
these annual reviews.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a
related series of violations. For violations occurring prior to January 4, 2012, the maximum
penalty may not exceed $100,000 per violation per day, with a maximum penalty not to
exceed $1,000,000 for a related series of violations. We have reviewed the circumstances and
supporting documents involved in this case, and have decided not to conduct additional
enforcement action or penalty assessment proceedings at this time. We advise you to correct
the items identified in this letter. Failure to do so will result in NOVA Chemicals (Canada)
LTD being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 3-2016-5004W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any portion
of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along
with the complete original document you must provide a second copy of the document with
the portions you believe qualify for confidential treatment redacted and an explanation of why
you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
Allan C. Beshore
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
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