{"operation":"document","citation":"CPF 32023020NOPV","title":"BOARDWALK PETROCHEMICAL PIPELINE, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-08-11","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.440(b), 195.452(d)(2), 195.452(j)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023020nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023020nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32023020nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32023020NOPV","body":"Notice of Probable Violation involving BOARDWALK PETROCHEMICAL PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.440(b),  195.452(d)(2),  195.452(j)(2). The case was opened on 2023-08-11 and is reported as closed as of 2026-04-02. Proposed civil penalty: $152,900. Assessed civil penalty: $58,700. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32023020NOPV_Consent Agreement and Order_04262024_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Consent%20Agreement%20and%20Order_04262024_(22-237273).pdf\n\n32023020NOPV_Consent Agreement and Order_04262024_(22-237273)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Consent%20Agreement%20and%20Order_04262024_(22-237273)_text.pdf\n\n32023020NOPV_Consent Agreement Modification_12042025_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Consent%20Agreement%20Modification_12042025_(22-237273).pdf\n\n32023020NOPV_Consent Agreement Modification_12042025_(22-237273)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Consent%20Agreement%20Modification_12042025_(22-237273)_text.pdf\n\n32023020NOPV_Operator RtN and RfH and SoI (Part 1)_10032023_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Operator%20RtN%20and%20RfH%20and%20SoI%20(Part%201)_10032023_(22-237273).pdf\n\n32023020NOPV_Operator RtN and RfH and SoI (Part 2)_10032023_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Operator%20RtN%20and%20RfH%20and%20SoI%20(Part%202)_10032023_(22-237273).pdf\n\n32023020NOPV_Operator RtN and RfH and SoI (Part 3)_10032023_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Operator%20RtN%20and%20RfH%20and%20SoI%20(Part%203)_10032023_(22-237273).pdf\n\n32023020NOPV_Operator Withdrawal of Hearing Request_04262024_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Operator%20Withdrawal%20of%20Hearing%20Request_04262024_(22-237273).pdf\n\n32023020NOPV_PCP PCO_08112023_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_PCP%20PCO_08112023_(22-237273).pdf\n\n32023020NOPV_PCP PCO_08112023_(22-237273)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_PCP%20PCO_08112023_(22-237273)_text.pdf\n\n32023020NOPV_PHC Hearing Scheduled_10232023_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_PHC%20Hearing%20Scheduled_10232023_(22-237273).pdf\n\n32023020NOPV_PHC Hearing Scheduled_10232023_(22-237273)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_PHC%20Hearing%20Scheduled_10232023_(22-237273)_text.pdf\n\n32023020NOPV_PHC Hearing Scheduled_10232023_(22-237273)_text.pdf\n\nOctober 23, 2023\nVIA ELECTRONIC MAIL TO: tony.rizk@bwpipelines.com and gregory.ochs@dot.gov\nMr. Tony G. Rizk, P.E.\nVice President, Technical Services\nBoardwalk Petrochemical Pipeline, LLC\n9 Greenway Plaza, Suite 2800\nHouston, TX 77046\nMr. Gregory Ochs\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 480\nKansas City, MO 64106-2641\nRe: Notice of Hearing, Boardwalk Petrochemical Pipeline, LLC\nCPF No. 3-2023-020-NOPV\nDear Mr. Rizk and Mr. Ochs:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation and Proposed Civil Penalty issued by the Pipeline and Hazardous Materials\nSafety Administration in the above-referenced case. The hearing will take place on May 23rd, 2024,\nbeginning at 8:30 a.m. Central Time.\nThe hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480, Kansas\nCity, Missouri 64106. Upon arrival at the building, attendees will be required to present photo\nidentification to security personnel. A contact phone number for the day of the hearing is (816) 329-\n3800.\nAt least 10 calendar days prior to the hearing (or by May 13th, 2024), both parties must submit and\nexchange any additional written materials they intend to present at the hearing and the name and\nemail address of each attendee. This information should be provided electronically. Materials not\nsubmitted by this date may be excluded. If you have any questions, please do not hesitate to contact\nme.\nSincerely,\nLarry White\nPresiding Official\n\n\n\ncc: Mr. Stanley Horton, President/CEO, Boardwalk Petrochemical Pipeline, LLC,\nstan.horton@bwpipelines.com\nMr. Ryan McClure, Counsel, Central Region, Office of Pipeline Safety,\nryan.mcclure@dot.gov\n\n32023020NOPV_Consent Agreement Modification_12042025_(22-237273)_text.pdf\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nBoardwalk Petrochemical Pipeline, LLC, ) CPF No. 3-2023-020-NOPV\n)\nRespondent. )\n____________________________________)\nMODIFICATION TO CONSENT AGREEMENT\nFrom April 4 to July 29, 2022, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected facilities and records of the Boardwalk Petrochemical Pipeline,\nLLC (BPP or Respondent), ethylene pipeline system in Louisiana and Texas.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated August 11, 2023, a Notice of Probable Violation (Notice).\nOn April 23, 2024, PHMSA and Respondent (the Parties) entered into a Consent Agreement\n(Agreement) to resolve the Notice. The Agreement was approved by the Associate Administrator\nfor Pipeline Safety, PHMSA, and incorporated by reference into a Consent Order that was issued\npursuant to 49 CFR § 190.219 on April 26, 2024.\nParagraph 29 of the Agreement states that the Agreement may be modified by mutual agreement\nof the Parties and that such modifications must be in writing and signed by both parties.\nIn accordance with Paragraph 29 of the Agreement, the Parties hereby agree to modify Paragraph\n21(A) of the Agreement. The modification to Paragraph 21(A) does not otherwise change any of\nthe other terms of the Agreement, which remain in full force and effect unmodified.\nI. Modification:\nParagraph 21(A) of the Agreement is hereby struck and replaced with the following:\nIn regard to Item 1 of the Notice, pertaining to the failure to follow applicable procedures\nwhen installing a composite sleeve over a gouge containing a stress concentrator, within\n180 days from the date PHMSA signs this modification to the Agreement, BPP must\nprovide to the Director for review and acceptance documentation showing that any stress\n\n\n\nconcentrator(s) associated with the gouge on the ethylene pipeline have been removed\nand that the pipe at the location of the gouge has been permanently repaired. If BPP is\nunable to remove the stress concentrator(s) associated with the gouge and permanently\nrepair the pipe at the gouge’s location, then BPP must remove and replace that portion of\nthe pipeline containing the gouge no later than April 26, 2029. Until the Director accepts\nthe required documentation showing the stress concentrator has been removed or the\nportion of the pipeline is removed and replaced (whichever is sooner), BPP must carry\nout quarterly leak detection surveys of the affected portion of the pipeline with an\nappropriate, calibrated instrument to detect ethylene leaks and document the findings.\nBPP will conduct the quarterly leak detection surveys using the Southern Cross Flame\nPack 400 to detect ethylene leaks and document the findings; Central Region does not\nobject to the use of this instrument for this purpose. The first quarterly leak detection\nsurvey must be performed no later than 90 days after the Effective Date and thereafter at\nintervals not to exceed 90 days. Prior to carrying out the leak detection surveys, BPP\nmust submit its procedure to the Director for review. Following the surveys, the survey\nresults must be submitted to the Director quarterly. If any leaks are detected, BPP will\nrepair the pipeline pursuant to 49 CFR § 195.401(b) and remove and replace that portion\nof the pipeline containing the gouge no later than 180-days after discovery of the leak.\nII. Ratification:\n1. The Parties’ undersigned representatives certify that they are fully authorized to enter into\nthe terms and conditions of this modification and to execute and legally bind such party to this\ndocument.\n2. The Parties hereby agree to all findings, conditions, and terms of this modification.\n[Signature Lines on Following Page]\n\n\n\nFor Boardwalk Petrochemical Pipeline, LLC:\n_______________________________\n________________________\nDate\nFor PHMSA:\n________________________________________\nActing Director, Central Region, Office of Pipeline Safety\n\n32023020NOPV_Consent Agreement and Order_04262024_(22-237273)_text.pdf\n\nApril 26, 2024\nVIA ELECTRONIC MAIL TO: stan.horton@bwpipelines.com\nMr. Stanley Horton\nPresident and Chief Executive Officer\nBoardwalk Petrochemical Pipeline, LLC\n9 Greenway Plaza Suite 2800\nHouston, Texas 77036\nCPF No. 3-2023-020-NOPV\nDear Mr. Horton:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Boardwalk\nPetrochemical Pipeline, LLC, which was executed on April 23, 2024. Service of the Consent\nOrder and Consent Agreement by electronic mail is deemed effective upon the date of\ntransmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Order and Consent Agreement\ncc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Jeff Sanderson, Senior Vice President, Operations Engineering and Construction,\nBoardwalk Pipeline Partners, LP, jeff.sanderson@bwpipelines.com\nMs. Tina Baker, Manager, Compliance Service, Boardwalk Petrochemical Pipeline, LLC,\ntina.baker@bwpipelines.com\n\n\n\nMs. Susan Olenchuck, Outside Counsel for Boardwalk Petrochemical Pipeline, LLC, Van\nNess Feldman, LLP, sam@vnf.com\nCONFIRMATION OF RECEIPT REQUESTED\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 )\nBoardwalk Petrochemical Pipeline, LLC, ) CPF No. 3-2023-020-NOPV\n)\n)\n)\nRespondent. )\n_____________________________________)\nCONSENT ORDER\nBy letter dated August 11, 2023, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed\nCivil Penalty, and Proposed Compliance Order (Notice) to Boardwalk Petrochemical Pipeline,\nLLC (BPP or Respondent).\nIn response to the Notice, Respondent contested the proposed compliance order terms for Item 1,\nand the allegations of violation, proposed compliance order terms, and proposed civil penalty for\nItems 3 and 4 (Response). BPP requested a hearing and the opportunity to meet informally with\nPHMSA to discuss the matters raised in its Response. Respondent and PHMSA (the Parties)\nsubsequently met on November 9 and December 14, 2023. As a result of those discussions, as\nexplained in more detail below, the Parties have agreed to a Consent Agreement by which\nPHMSA makes findings of violations for Items 1, 2, and 4, changes Item 3 to a Warning Item,\nassesses a reduced civil penalty in the amount of $58,700, and modifies certain compliance\naction terms.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. BPP is hereby ordered to comply with the terms of the Consent Agreement\npursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent\nOrder may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49\nC.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district court of\nthe United States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nApril 26, 2024\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\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 )\nBoardwalk Petrochemical Pipeline, LLC ) )\n)\n)\nRespondent. )\n____________________________________ )\nCPF No. 3-2023-020-NOPV\nCONSENT AGREEMENT\nFrom April 4 through July 29, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of\nTitle 49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the\nethylene pipeline system and records of Boardwalk Petrochemical Pipeline, LLC (BPP or\nRespondent) in Louisiana and Texas.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated August 11, 2023, a Notice of Probable Violation, Proposed Compliance Order, and\nProposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that BPP committed four violations of 49 C.F.R. Part 195, proposed ordering Respondent\nto take certain measures to correct the alleged violations, and proposed a civil penalty of $152,900.\nBPP responded to the Notice by letters dated October 3, 2023 (Response) and January 3, 2024\n(Supplemental Response). Respondent contested the allegations of violation, proposed compliance\norder terms, and proposed civil penalty for Items 3 and 4; the proposed compliance order for Item\n1; and requested a hearing. BPP also requested to meet informally with PHMSA to discuss the\nmatters raised in its Response. BPP did not contest Item 2 or its associated proposed civil penalty.\nPHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the\nResponse. As a result of those discussions and as explained in more detail below, the Parties have\nagreed to a Consent Agreement by which PHMSA makes findings of violations for Items 1, 2, and\n4, reduces Item 3 to a warning item, assesses a reduced civil penalty in the amount of $58,700,\nmodifies certain compliance actions for Item 1, and withdraws the proposed compliance order for\nItem 4.\nHaving agreed that settlement of this proceeding will avoid further administrative proceedings or\nlitigation and will serve the public interest by promoting safety and protection of the environment,\npursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent and agreement,\nthe Parties hereby agree as follows:\n\n\n\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and\nthe regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending that\nthe Associate Administrator adopt the terms of this Agreement by issuing an administrative order\n(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute\nan offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate\nAdministrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives any\nfurther procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein. Respondent agrees to withdraw its request for an administrative hearing\nregarding the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent’s officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement. The\nParties acknowledge that there are no representations, agreements or understandings relating to\nsettlement other than those expressly contained in this Agreement, except that the terms of this\nAgreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et\nseq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's\nright of access, entry, inspection, and information gathering or PHMSA's authority to bring\nenforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\n\n\n\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations. Respondent\nremains responsible for achieving and maintaining compliance with all applicable Federal, State,\nand local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n10. Except as set forth herein, this Agreement does not constitute a finding of violation\nof any other federal law or regulation and may not be used in any civil proceeding of any kind as\nevidence or proof of any fact, fault or liability, or as evidence of a violation of any law, rule,\nregulation, or requirement, except in a proceeding to enforce the provisions of this Agreement or\nin future PHMSA enforcement actions.\nII. Findings of Violation:\n11. Item 1 - 49 C.F.R. § 195.402(a): The Notice alleged that BPP failed to follow its\nwritten procedures for pipeline repair. Specifically, the Notice alleged that BPP’s O&M Appendix\n(App) G – Table 3-2 prescribed repair options for pipeline defects and allowed repair with a\ncomposite sleeve when “damaged material has been removed by grinding and removal has been\nverified by inspection.” Maintenance records for calendar year 2020 fail to show that BPP ground\ndown to sound metal for the defect on the Highway 13 to Port Barre segment of its BPP-100\npipeline before installing a composite sleeve over a gouge containing a stress concentrator.\nRespondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA\nfinds a violation of 49 C.F.R. § 195.402(a).\n12. Item 2 - 49 C.F.R. § 195.440(b): The Notice alleged that BPP failed to assess the\nunique attributes and characteristics of its BPP-100 pipeline when identifying the stakeholder\naudience for its public education program. Specifically, the Notice alleged that BPP’s August 2015\nplume analysis identified the potential impact radius (PIR) for BPP-100 pipeline to be 2,030 feet\non either side of the pipeline; however, BPP’s public education program communications were\napplied within a coverage area 1,100 feet on each side of the pipeline. As a result, BPP failed to\nidentify additional stakeholders for at least two biennial communication cycles prior to the 2022\nPHMSA inspection. Respondent does not contest the allegation of violation as alleged in the\nNotice. As such, PHMSA finds a violation of 49 C.F.R. § 195.440(b).\n13. Item 4 - 49 C.F.R. § 195.452(j)(2): The Notice alleged that BPP failed to complete\nits annual verification of two covered segments. Specifically, the Notice alleged that BPP failed to\n\n\n\nconduct an information analysis on its Enterprise/Motiva-BPP-FAB-168 and Anchorage-BPP-\nFAB-160 facilities since BPP purchased the pipeline in November 2014. In its Response,\nRespondent originally contested the underlying allegation, proposed civil penalty, and proposed\ncompliance order. Following informal discussions with PHMSA, in its Supplemental Response,\nBPP agreed to rescind its contest of the allegation. Thus, BPP no longer contests the allegation of\nviolation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 195.440(b).\n14. Items 1, 2, and 4, will be considered by PHMSA as prior offenses in any future\nPHMSA enforcement action taken against Respondent.\nIII. Warning Item:\n15. Item 3 - 49 C.F.R. § 195.492(d)(2): With respect to Item 3 of the Notice, the Parties\nagree that a warning is more appropriate given additional information provided by BPP with\nrespect to whether it had failed to identify areas of population that meet the definition of a high\nconsequence area (HCA) and incorporate the pipeline segments into its integrity management\nbaseline assessment plan. During informal discussions, BPP also provided documentation showing\nit includes in its baseline assessment plan all of the sites identified in the Notice. BPP will continue\nto include these sites in future assessments of the BPP pipeline – thus achieving the goal of the\nproposed compliance order for this Item. In addition, BPP has designated two of the sites, Calumet\nEstates and CBS Mobile Home Park, as HCAs in its PODS GIS System and provided\ndocumentation demonstrating that this has occurred. Because this Item is modified to a Warning\nItem, it will not constitute a finding of violation for any purpose.\n16. For Warning Item 3, if OPS finds a violation of these provisions in a\nsubsequent inspection, Respondent may be subject to future enforcement action.\nIV. Civil Penalty:\n17. Item 2: The Notice proposed assessing a civil penalty in the amount of $20,800 for\nItem 2. Respondent did not contest the proposed civil penalty for this Item. As such, Respondent\nshall pay a civil penalty in the amount of $20,800 for Item 2.\n18. Item 3: The Notice proposed assessing a civil penalty in the amount of $75,500 for\nItem 3. As discussed above, this Item is being changed to a Warning Item. Therefore, the proposed\ncivil penalty associated with this Item is withdrawn.\n19. Item 4: The Notice proposed assessing a civil penalty in the amount of $56,600 for\nItem 4. Respondent requested a reduction of the proposed civil penalty. PHMSA agrees that a\nreduction to the proposed civil penalty is appropriate based on reconsideration of the good faith\ncriteria, as supported by the additional information provided by Respondent during informal\ndiscussions and detailed in the Supplemental Response. Respondent agrees to pay a reduced civil\npenalty in the amount of $37,900 for the violation in Item 4.\n20. Respondent will pay a total reduced civil penalty in the amount of $58,700,\npursuant to the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20\ndays from the Effective Date of this Agreement.\n\n\n\nV. Compliance Order:\n21. Item 1: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Respondent did contest the Proposed Compliance Order, but\nrequested an alternative method of accomplishing the proposed compliance order terms. After\ninformal discussions, PHMSA agrees to modify the compliance order terms. As such, Respondent\nagrees to undertake the following corrective measures:\nA. In regard to Item 1 of the Notice, pertaining to the failure to follow applicable\nprocedures when installing a composite sleeve over a gouge containing a stress\nconcentrator, the next time the ethylene pipeline containing the relevant gouge is\ntaken out of service, Boardwalk Petrochemical Pipeline, LLC, must remove and\nreplace that portion of the pipeline containing the gouge.1 If the ethylene pipeline is\nnot taken out of service, BPP must replace the segment no later than five years after\nthe Effective Date. Until that portion of the pipeline containing the gouge has been\nremoved and replaced, BPP must carry out quarterly leak detection surveys of the\naffected portion of the pipeline with an appropriate, calibrated instrument to detect\nethylene leaks and document the findings. BPP will conduct the quarterly leak\ndetection surveys using the Southern Cross Flame Pack 400 to detect ethylene leaks\nand document the findings; Central Region does not object to the use of this\ninstrument for this purpose. The first quarterly leak detection survey must be\nperformed no later than 90 days after the Effective Date and thereafter at intervals\nnot to exceed 90 days. Prior to carrying out the leak detection surveys, BPP must\nsubmit its procedure to the Central Region Director for review. Following the\nsurveys, the survey results must be submitted to the Central Region Director\nquarterly. If any leaks are detected, BPP will repair the pipeline pursuant to 49\nC.F.R. § 195.401(b) and remove and replace that portion of the pipeline containing\nthe gouge no later than 180-days after discovery of the leak.\n22. Item 3: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. As discussed above, this Item is being changed to a Warning\nItem. Therefore, the proposed compliance order associated with this Item is withdrawn.\n23. Item 4: The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice. Following informal discussions with Respondent and further\nconsideration of the evidence, PHMSA has determined it is not necessary to order the compliance\nterms as proposed in the Notice. Pursuant to § 195.452(j)(2), Respondent must verify the risk factors\nused in identifying pipeline segments that could affect a high consequence area on at least an annual\nbasis not to exceed 15 months, and records to demonstrate compliance must be maintained pursuant\nto § 195.452(l)(1). This documentation can be reviewed by the Region in the future. Therefore, the\nproposed compliance order associated with this Item is withdrawn.\n1 The term “taken out of service” means that the ethylene has been removed from the pipe and the pipe has been\npurged with nitrogen.\n\n\n\nVI. Enforcement:\n24. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties\nunder 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondent is not complying with the terms of this Agreement in accordance with the\ndeterminations made by the Director, or in accordance with decisions of the Associate\nAdministrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil\npenalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans and\nassociated schedules set forth or referenced in Section V are automatically incorporated into this\nAgreement and are enforceable in the same manner.\nVII. Review and Approval Process:\n25. With respect to any submission under Section V (Compliance Order) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all actions\nas approved by the Director, subject to Respondent’s right to invoke the dispute resolution\nprocedures with respect to any conditions the Director identifies. If the Director disapproves all or\nany portion of the submission, the Director will provide Respondent a written notice of the\ndeficiencies. Respondent will correct all deficiencies within the time specified by the Director and\nresubmit it for approval.\nXIII. Dispute Resolution:\n26. The Director and Respondent will informally attempt to resolve any disputes arising\nunder this Agreement, including any decision of the Director under the terms of Section V\n(Compliance Order). If Respondent and the Director are unable to informally resolve the dispute\nwithin 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may\nsubmit a written request for a determination resolving the dispute from the Associate\nAdministrator. Such request must be made in writing and provided to the Director, counsel for the\nCentral Region, and to the Associate Administrator, no later than 10 calendar days from the 15-\nday deadline for informal resolution referenced in this paragraph. Along with its request,\nRespondent must provide the Associate Administrator with all information Respondent believes\nis relevant to the dispute. Decisions of the Associate Administrator under this paragraph will\nconstitute final agency action. The existence of a dispute and PHMSA’s consideration of matters\nplaced in dispute will not excuse, toll, or suspend any term or timeframe for completion of any\nwork to be performed under this Agreement during the pendency of the dispute resolution process.\nIX. Effective Date:\n27. The term “Effective Date,” as used herein, is the date on which the Consent Order\nis issued by the Associate Administrator incorporating the terms of this Agreement.\n\n\n\nX. Recordkeeping and Information Disclosure:\n28. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at least\nfive (5) years following completion of all work to be performed, unless a longer period of time is\nrequired pursuant to 49 C.F.R. parts 190-199. For any reports, plans, or other deliverables required\nto be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim of business\nconfidentiality or other protections applicable to the release of information by PHMSA, covering\npart or all of the information required to be submitted to PHMSA pursuant to this Agreement in\naccordance with 49 C.F.R. Part 7. Respondent must mark the claim of confidentiality in writing\non each page, and include a statement specifying the grounds for each claim of confidentiality.\nPHMSA determines release of any information submitted pursuant to this Agreement in\naccordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and\nPHMSA policies, and other applicable regulations and Executive Orders.\nXI. Modification:\n29. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\nXII. Termination:\n30. This Agreement will remain in effect until the Compliance Order in Section V is\nsatisfied, as determined by the Director, and payment of the Civil Penalty in Section IV is made.\nThe Agreement shall not terminate until the Director confirms, in writing, that the Agreement is\nterminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent\nfrom completing any of the obligations earlier than the deadlines provided for in this Agreement.\nXIII. Ratification:\n31. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\n32. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Boardwalk Petrochemical Pipeline, LLC:\n___________________________________\nJeff Sanderson\nSVP Operations Engineering & Construction\nBoardwalk Pipeline Partners, LP\n________________________\nDate\nFor PHMSA:\n________________________________________\nGregory Ochs\nDirector, Central Region, Office of Pipeline Safety, PHMSA\n________________________\nDate","truncated":false,"body_characters":34031}