# BOARDWALK PETROCHEMICAL PIPELINE, LLC — Notice of Probable Violation

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

Official case documents:

32023020NOPV_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

32023020NOPV_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

32023020NOPV_Consent Agreement Modification_12042025_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_Consent%20Agreement%20Modification_12042025_(22-237273).pdf

32023020NOPV_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

32023020NOPV_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

32023020NOPV_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

32023020NOPV_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

32023020NOPV_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

32023020NOPV_PCP PCO_08112023_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_PCP%20PCO_08112023_(22-237273).pdf

32023020NOPV_PCP PCO_08112023_(22-237273)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_PCP%20PCO_08112023_(22-237273)_text.pdf

32023020NOPV_PHC Hearing Scheduled_10232023_(22-237273).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32023020NOPV/32023020NOPV_PHC%20Hearing%20Scheduled_10232023_(22-237273).pdf

32023020NOPV_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

32023020NOPV_PHC Hearing Scheduled_10232023_(22-237273)_text.pdf

October 23, 2023
VIA ELECTRONIC MAIL TO: tony.rizk@bwpipelines.com and gregory.ochs@dot.gov
Mr. Tony G. Rizk, P.E.
Vice President, Technical Services
Boardwalk Petrochemical Pipeline, LLC
9 Greenway Plaza, Suite 2800
Houston, TX 77046
Mr. Gregory Ochs
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
901 Locust Street, Suite 480
Kansas City, MO 64106-2641
Re: Notice of Hearing, Boardwalk Petrochemical Pipeline, LLC
CPF No. 3-2023-020-NOPV
Dear Mr. Rizk and Mr. Ochs:
In accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of
Probable Violation and Proposed Civil Penalty issued by the Pipeline and Hazardous Materials
Safety Administration in the above-referenced case. The hearing will take place on May 23rd, 2024,
beginning at 8:30 a.m. Central Time.
The hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480, Kansas
City, Missouri 64106. Upon arrival at the building, attendees will be required to present photo
identification to security personnel. A contact phone number for the day of the hearing is (816) 329-
3800.
At least 10 calendar days prior to the hearing (or by May 13th, 2024), both parties must submit and
exchange any additional written materials they intend to present at the hearing and the name and
email address of each attendee. This information should be provided electronically. Materials not
submitted by this date may be excluded. If you have any questions, please do not hesitate to contact
me.
Sincerely,
Larry White
Presiding Official



cc: Mr. Stanley Horton, President/CEO, Boardwalk Petrochemical Pipeline, LLC,
stan.horton@bwpipelines.com
Mr. Ryan McClure, Counsel, Central Region, Office of Pipeline Safety,
ryan.mcclure@dot.gov

32023020NOPV_Consent Agreement Modification_12042025_(22-237273)_text.pdf

U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Boardwalk Petrochemical Pipeline, LLC, ) CPF No. 3-2023-020-NOPV
)
Respondent. )
____________________________________)
MODIFICATION TO CONSENT AGREEMENT
From April 4 to July 29, 2022, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United
States Code (U.S.C.), inspected facilities and records of the Boardwalk Petrochemical Pipeline,
LLC (BPP or Respondent), ethylene pipeline system in Louisiana and Texas.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated August 11, 2023, a Notice of Probable Violation (Notice).
On April 23, 2024, PHMSA and Respondent (the Parties) entered into a Consent Agreement
(Agreement) to resolve the Notice. The Agreement was approved by the Associate Administrator
for Pipeline Safety, PHMSA, and incorporated by reference into a Consent Order that was issued
pursuant to 49 CFR § 190.219 on April 26, 2024.
Paragraph 29 of the Agreement states that the Agreement may be modified by mutual agreement
of the Parties and that such modifications must be in writing and signed by both parties.
In accordance with Paragraph 29 of the Agreement, the Parties hereby agree to modify Paragraph
21(A) of the Agreement. The modification to Paragraph 21(A) does not otherwise change any of
the other terms of the Agreement, which remain in full force and effect unmodified.
I. Modification:
Paragraph 21(A) of the Agreement is hereby struck and replaced with the following:
In regard to Item 1 of the Notice, pertaining to the failure to follow applicable procedures
when installing a composite sleeve over a gouge containing a stress concentrator, within
180 days from the date PHMSA signs this modification to the Agreement, BPP must
provide to the Director for review and acceptance documentation showing that any stress



concentrator(s) associated with the gouge on the ethylene pipeline have been removed
and that the pipe at the location of the gouge has been permanently repaired. If BPP is
unable to remove the stress concentrator(s) associated with the gouge and permanently
repair the pipe at the gouge’s location, then BPP must remove and replace that portion of
the pipeline containing the gouge no later than April 26, 2029. Until the Director accepts
the required documentation showing the stress concentrator has been removed or the
portion of the pipeline is removed and replaced (whichever is sooner), BPP must carry
out quarterly leak detection surveys of the affected portion of the pipeline with an
appropriate, calibrated instrument to detect ethylene leaks and document the findings.
BPP will conduct the quarterly leak detection surveys using the Southern Cross Flame
Pack 400 to detect ethylene leaks and document the findings; Central Region does not
object to the use of this instrument for this purpose. The first quarterly leak detection
survey must be performed no later than 90 days after the Effective Date and thereafter at
intervals not to exceed 90 days. Prior to carrying out the leak detection surveys, BPP
must submit its procedure to the Director for review. Following the surveys, the survey
results must be submitted to the Director quarterly. If any leaks are detected, BPP will
repair the pipeline pursuant to 49 CFR § 195.401(b) and remove and replace that portion
of the pipeline containing the gouge no later than 180-days after discovery of the leak.
II. Ratification:
1. The Parties’ undersigned representatives certify that they are fully authorized to enter into
the terms and conditions of this modification and to execute and legally bind such party to this
document.
2. The Parties hereby agree to all findings, conditions, and terms of this modification.
[Signature Lines on Following Page]



For Boardwalk Petrochemical Pipeline, LLC:
_______________________________
________________________
Date
For PHMSA:
________________________________________
Acting Director, Central Region, Office of Pipeline Safety

32023020NOPV_Consent Agreement and Order_04262024_(22-237273)_text.pdf

April 26, 2024
VIA ELECTRONIC MAIL TO: stan.horton@bwpipelines.com
Mr. Stanley Horton
President and Chief Executive Officer
Boardwalk Petrochemical Pipeline, LLC
9 Greenway Plaza Suite 2800
Houston, Texas 77036
CPF No. 3-2023-020-NOPV
Dear Mr. Horton:
Enclosed please find a Consent Order incorporating the terms of the Consent Agreement
between the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Boardwalk
Petrochemical Pipeline, LLC, which was executed on April 23, 2024. Service of the Consent
Order and Consent Agreement by electronic mail is deemed effective upon the date of
transmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosures: Consent Order and Consent Agreement
cc: Mr. Gregory A. Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA
Mr. Jeff Sanderson, Senior Vice President, Operations Engineering and Construction,
Boardwalk Pipeline Partners, LP, jeff.sanderson@bwpipelines.com
Ms. Tina Baker, Manager, Compliance Service, Boardwalk Petrochemical Pipeline, LLC,
tina.baker@bwpipelines.com



Ms. Susan Olenchuck, Outside Counsel for Boardwalk Petrochemical Pipeline, LLC, Van
Ness Feldman, LLP, sam@vnf.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
_____________________________________
In the Matter of )
Boardwalk Petrochemical Pipeline, LLC, ) CPF No. 3-2023-020-NOPV
)
)
)
Respondent. )
_____________________________________)
CONSENT ORDER
By letter dated August 11, 2023, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), Office of Pipeline Safety (OPS), issued a Notice of Probable Violation, Proposed
Civil Penalty, and Proposed Compliance Order (Notice) to Boardwalk Petrochemical Pipeline,
LLC (BPP or Respondent).
In response to the Notice, Respondent contested the proposed compliance order terms for Item 1,
and the allegations of violation, proposed compliance order terms, and proposed civil penalty for
Items 3 and 4 (Response). BPP requested a hearing and the opportunity to meet informally with
PHMSA to discuss the matters raised in its Response. Respondent and PHMSA (the Parties)
subsequently met on November 9 and December 14, 2023. As a result of those discussions, as
explained in more detail below, the Parties have agreed to a Consent Agreement by which
PHMSA makes findings of violations for Items 1, 2, and 4, changes Item 3 to a Warning Item,
assesses a reduced civil penalty in the amount of $58,700, and modifies certain compliance
action terms.
Accordingly, the Consent Agreement is hereby approved and incorporated by reference into this
Consent Order. BPP is hereby ordered to comply with the terms of the Consent Agreement
pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent
Order may result in the assessment of civil penalties as set forth in 49 U.S.C. § 60122 and 49
C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a district court of
the United States.
The terms and conditions of this Consent Order are effective upon service in accordance with
49 C.F.R. § 190.5.
April 26, 2024
___________________________________ _________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Boardwalk Petrochemical Pipeline, LLC ) )
)
)
Respondent. )
____________________________________ )
CPF No. 3-2023-020-NOPV
CONSENT AGREEMENT
From April 4 through July 29, 2022, a representative of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of
Title 49, United States Code (U.S.C.), conducted an on-site pipeline safety inspection of the
ethylene pipeline system and records of Boardwalk Petrochemical Pipeline, LLC (BPP or
Respondent) in Louisiana and Texas.
As a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,
by letter dated August 11, 2023, a Notice of Probable Violation, Proposed Compliance Order, and
Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that BPP committed four violations of 49 C.F.R. Part 195, proposed ordering Respondent
to take certain measures to correct the alleged violations, and proposed a civil penalty of $152,900.
BPP responded to the Notice by letters dated October 3, 2023 (Response) and January 3, 2024
(Supplemental Response). Respondent contested the allegations of violation, proposed compliance
order terms, and proposed civil penalty for Items 3 and 4; the proposed compliance order for Item
1; and requested a hearing. BPP also requested to meet informally with PHMSA to discuss the
matters raised in its Response. BPP did not contest Item 2 or its associated proposed civil penalty.
PHMSA and Respondent (the Parties) subsequently met to discuss the issues raised in the
Response. As a result of those discussions and as explained in more detail below, the Parties have
agreed to a Consent Agreement by which PHMSA makes findings of violations for Items 1, 2, and
4, reduces Item 3 to a warning item, assesses a reduced civil penalty in the amount of $58,700,
modifies certain compliance actions for Item 1, and withdraws the proposed compliance order for
Item 4.
Having agreed that settlement of this proceeding will avoid further administrative proceedings or
litigation and will serve the public interest by promoting safety and protection of the environment,
pursuant to 49 U.S.C. § 60101, et seq. and 49 C.F.R. Part 190, and upon consent and agreement,
the Parties hereby agree as follows:



I. General Provisions
1. Respondent acknowledges that as the operator of the pipeline facilities subject to
the Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the
Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative
orders issued thereunder. For purposes of this Consent Agreement (Agreement), Respondent
acknowledges that it received proper notice of PHMSA’s action in this proceeding and that the
Notice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and
the regulations and orders issued thereunder.
2. After Respondent returns this signed Agreement to PHMSA, the Agency’s
representative will present it to the Associate Administrator for Pipeline Safety, recommending that
the Associate Administrator adopt the terms of this Agreement by issuing an administrative order
(Consent Order) incorporating the terms of this Agreement. The terms of this Agreement constitute
an offer of settlement until accepted by the Associate Administrator. Once accepted, the Associate
Administrator will issue a Consent Order incorporating the terms of this Agreement.
3. Respondent consents to the issuance of the Consent Order, and hereby waives any
further procedural requirements with respect to its issuance. Respondent waives all rights to
contest the adequacy of notice, or the validity of the Consent Order or this Agreement, including
all rights to administrative or judicial hearings or appeals, except for the Dispute Resolution
provisions set forth herein. Respondent agrees to withdraw its request for an administrative hearing
regarding the Notice.
4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its
officers, directors, and employees, and its successors, assigns, or other entities or persons
otherwise bound by law. Respondent agrees to provide a copy of this Agreement and any
incorporated work plans and schedules to all of Respondent’s officers, employees, and agents
whose duties might reasonably include compliance with this Agreement.
5. This Agreement constitutes the final, complete and exclusive agreement and
understanding between the Parties with respect to the settlement embodied in this Agreement. The
Parties acknowledge that there are no representations, agreements or understandings relating to
settlement other than those expressly contained in this Agreement, except that the terms of this
Agreement may be construed by reference to the Notice.
6. Nothing in this Agreement affects or relieves Respondent of its responsibility to
comply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101, et
seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's
right of access, entry, inspection, and information gathering or PHMSA's authority to bring
enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the
regulations and orders issued thereunder, or any other provision of Federal or State law.
7. For all transfers of ownership or operating responsibility of Respondent’s pipeline
system referenced herein, Respondent will provide a copy of this Agreement to the prospective



transferee at least 30 days prior to such transfer. Respondent will provide written notice of the
transfer to the Director no later than 60 days after the transfer occurs.
8. This Agreement does not waive or modify any Federal, State, or local laws or
regulations that are applicable to Respondent’s pipeline systems. This Agreement is not a permit,
or a modification of any permit, under any Federal, State, or local laws or regulations. Respondent
remains responsible for achieving and maintaining compliance with all applicable Federal, State,
and local laws, regulations and permits.
9. This Agreement does not create rights in, or grant any cause of action to, any third
party not party to this Agreement. The U.S. Department of Transportation is not liable for any
injuries or damages to persons or property arising from acts or omissions of Respondent or its
officers, employees, or agents carrying out the work required by this Agreement. Respondent
agrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,
and representatives from any and all causes of action arising from any acts or omissions of
Respondent or its contractors in carrying out any work required by this Agreement.
10. Except as set forth herein, this Agreement does not constitute a finding of violation
of any other federal law or regulation and may not be used in any civil proceeding of any kind as
evidence or proof of any fact, fault or liability, or as evidence of a violation of any law, rule,
regulation, or requirement, except in a proceeding to enforce the provisions of this Agreement or
in future PHMSA enforcement actions.
II. Findings of Violation:
11. Item 1 - 49 C.F.R. § 195.402(a): The Notice alleged that BPP failed to follow its
written procedures for pipeline repair. Specifically, the Notice alleged that BPP’s O&M Appendix
(App) G – Table 3-2 prescribed repair options for pipeline defects and allowed repair with a
composite sleeve when “damaged material has been removed by grinding and removal has been
verified by inspection.” Maintenance records for calendar year 2020 fail to show that BPP ground
down to sound metal for the defect on the Highway 13 to Port Barre segment of its BPP-100
pipeline before installing a composite sleeve over a gouge containing a stress concentrator.
Respondent does not contest the allegation of violation as alleged in the Notice. As such, PHMSA
finds a violation of 49 C.F.R. § 195.402(a).
12. Item 2 - 49 C.F.R. § 195.440(b): The Notice alleged that BPP failed to assess the
unique attributes and characteristics of its BPP-100 pipeline when identifying the stakeholder
audience for its public education program. Specifically, the Notice alleged that BPP’s August 2015
plume analysis identified the potential impact radius (PIR) for BPP-100 pipeline to be 2,030 feet
on either side of the pipeline; however, BPP’s public education program communications were
applied within a coverage area 1,100 feet on each side of the pipeline. As a result, BPP failed to
identify additional stakeholders for at least two biennial communication cycles prior to the 2022
PHMSA inspection. Respondent does not contest the allegation of violation as alleged in the
Notice. As such, PHMSA finds a violation of 49 C.F.R. § 195.440(b).
13. Item 4 - 49 C.F.R. § 195.452(j)(2): The Notice alleged that BPP failed to complete
its annual verification of two covered segments. Specifically, the Notice alleged that BPP failed to



conduct an information analysis on its Enterprise/Motiva-BPP-FAB-168 and Anchorage-BPP-
FAB-160 facilities since BPP purchased the pipeline in November 2014. In its Response,
Respondent originally contested the underlying allegation, proposed civil penalty, and proposed
compliance order. Following informal discussions with PHMSA, in its Supplemental Response,
BPP agreed to rescind its contest of the allegation. Thus, BPP no longer contests the allegation of
violation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 195.440(b).
14. Items 1, 2, and 4, will be considered by PHMSA as prior offenses in any future
PHMSA enforcement action taken against Respondent.
III. Warning Item:
15. Item 3 - 49 C.F.R. § 195.492(d)(2): With respect to Item 3 of the Notice, the Parties
agree that a warning is more appropriate given additional information provided by BPP with
respect to whether it had failed to identify areas of population that meet the definition of a high
consequence area (HCA) and incorporate the pipeline segments into its integrity management
baseline assessment plan. During informal discussions, BPP also provided documentation showing
it includes in its baseline assessment plan all of the sites identified in the Notice. BPP will continue
to include these sites in future assessments of the BPP pipeline – thus achieving the goal of the
proposed compliance order for this Item. In addition, BPP has designated two of the sites, Calumet
Estates and CBS Mobile Home Park, as HCAs in its PODS GIS System and provided
documentation demonstrating that this has occurred. Because this Item is modified to a Warning
Item, it will not constitute a finding of violation for any purpose.
16. For Warning Item 3, if OPS finds a violation of these provisions in a
subsequent inspection, Respondent may be subject to future enforcement action.
IV. Civil Penalty:
17. Item 2: The Notice proposed assessing a civil penalty in the amount of $20,800 for
Item 2. Respondent did not contest the proposed civil penalty for this Item. As such, Respondent
shall pay a civil penalty in the amount of $20,800 for Item 2.
18. Item 3: The Notice proposed assessing a civil penalty in the amount of $75,500 for
Item 3. As discussed above, this Item is being changed to a Warning Item. Therefore, the proposed
civil penalty associated with this Item is withdrawn.
19. Item 4: The Notice proposed assessing a civil penalty in the amount of $56,600 for
Item 4. Respondent requested a reduction of the proposed civil penalty. PHMSA agrees that a
reduction to the proposed civil penalty is appropriate based on reconsideration of the good faith
criteria, as supported by the additional information provided by Respondent during informal
discussions and detailed in the Supplemental Response. Respondent agrees to pay a reduced civil
penalty in the amount of $37,900 for the violation in Item 4.
20. Respondent will pay a total reduced civil penalty in the amount of $58,700,
pursuant to the payment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20
days from the Effective Date of this Agreement.



V. Compliance Order:
21. Item 1: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Respondent did contest the Proposed Compliance Order, but
requested an alternative method of accomplishing the proposed compliance order terms. After
informal discussions, PHMSA agrees to modify the compliance order terms. As such, Respondent
agrees to undertake the following corrective measures:
A. In regard to Item 1 of the Notice, pertaining to the failure to follow applicable
procedures when installing a composite sleeve over a gouge containing a stress
concentrator, the next time the ethylene pipeline containing the relevant gouge is
taken out of service, Boardwalk Petrochemical Pipeline, LLC, must remove and
replace that portion of the pipeline containing the gouge.1 If the ethylene pipeline is
not taken out of service, BPP must replace the segment no later than five years after
the Effective Date. Until that portion of the pipeline containing the gouge has been
removed and replaced, BPP must carry out quarterly leak detection surveys of the
affected portion of the pipeline with an appropriate, calibrated instrument to detect
ethylene leaks and document the findings. BPP will conduct the quarterly leak
detection surveys using the Southern Cross Flame Pack 400 to detect ethylene leaks
and document the findings; Central Region does not object to the use of this
instrument for this purpose. The first quarterly leak detection survey must be
performed no later than 90 days after the Effective Date and thereafter at intervals
not to exceed 90 days. Prior to carrying out the leak detection surveys, BPP must
submit its procedure to the Central Region Director for review. Following the
surveys, the survey results must be submitted to the Central Region Director
quarterly. If any leaks are detected, BPP will repair the pipeline pursuant to 49
C.F.R. § 195.401(b) and remove and replace that portion of the pipeline containing
the gouge no later than 180-days after discovery of the leak.
22. Item 3: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. As discussed above, this Item is being changed to a Warning
Item. Therefore, the proposed compliance order associated with this Item is withdrawn.
23. Item 4: The Notice proposed certain compliance order actions to address the non-
compliance alleged in the Notice. Following informal discussions with Respondent and further
consideration of the evidence, PHMSA has determined it is not necessary to order the compliance
terms as proposed in the Notice. Pursuant to § 195.452(j)(2), Respondent must verify the risk factors
used in identifying pipeline segments that could affect a high consequence area on at least an annual
basis not to exceed 15 months, and records to demonstrate compliance must be maintained pursuant
to § 195.452(l)(1). This documentation can be reviewed by the Region in the future. Therefore, the
proposed compliance order associated with this Item is withdrawn.
1 The term “taken out of service” means that the ethylene has been removed from the pipe and the pipe has been
purged with nitrogen.



VI. Enforcement:
24. This Agreement is subject to all enforcement authorities available to PHMSA
under 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil penalties
under 49 U.S.C. § 60122, of up to $257,664 per violation for each day the violation continues and
referral of the case to the Attorney General for judicial enforcement, if PHMSA determines that
Respondent is not complying with the terms of this Agreement in accordance with the
determinations made by the Director, or in accordance with decisions of the Associate
Administrator if resolved pursuant to the Dispute Resolution process herein. The maximum civil
penalty amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223. All work plans and
associated schedules set forth or referenced in Section V are automatically incorporated into this
Agreement and are enforceable in the same manner.
VII. Review and Approval Process:
25. With respect to any submission under Section V (Compliance Order) of this
Agreement that requires the approval of the Director, the Director may: (a) approve, in whole or
in part, the submission; (b) approve the submission on specified, reasonable conditions; (c)
disapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the
Director approves, approves in part, or approves with conditions, Respondent will take all actions
as approved by the Director, subject to Respondent’s right to invoke the dispute resolution
procedures with respect to any conditions the Director identifies. If the Director disapproves all or
any portion of the submission, the Director will provide Respondent a written notice of the
deficiencies. Respondent will correct all deficiencies within the time specified by the Director and
resubmit it for approval.
XIII. Dispute Resolution:
26. The Director and Respondent will informally attempt to resolve any disputes arising
under this Agreement, including any decision of the Director under the terms of Section V
(Compliance Order). If Respondent and the Director are unable to informally resolve the dispute
within 15 calendar days after the dispute is first raised, in writing, to the Director, Respondent may
submit a written request for a determination resolving the dispute from the Associate
Administrator. Such request must be made in writing and provided to the Director, counsel for the
Central Region, and to the Associate Administrator, no later than 10 calendar days from the 15-
day deadline for informal resolution referenced in this paragraph. Along with its request,
Respondent must provide the Associate Administrator with all information Respondent believes
is relevant to the dispute. Decisions of the Associate Administrator under this paragraph will
constitute final agency action. The existence of a dispute and PHMSA’s consideration of matters
placed in dispute will not excuse, toll, or suspend any term or timeframe for completion of any
work to be performed under this Agreement during the pendency of the dispute resolution process.
IX. Effective Date:
27. The term “Effective Date,” as used herein, is the date on which the Consent Order
is issued by the Associate Administrator incorporating the terms of this Agreement.



X. Recordkeeping and Information Disclosure:
28. Unless otherwise required in this Agreement, Respondent agrees to maintain
records demonstrating compliance with all requirements of this Agreement for a period of at least
five (5) years following completion of all work to be performed, unless a longer period of time is
required pursuant to 49 C.F.R. parts 190-199. For any reports, plans, or other deliverables required
to be submitted to PHMSA pursuant to this Agreement, Respondent may assert a claim of business
confidentiality or other protections applicable to the release of information by PHMSA, covering
part or all of the information required to be submitted to PHMSA pursuant to this Agreement in
accordance with 49 C.F.R. Part 7. Respondent must mark the claim of confidentiality in writing
on each page, and include a statement specifying the grounds for each claim of confidentiality.
PHMSA determines release of any information submitted pursuant to this Agreement in
accordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552, DOT and
PHMSA policies, and other applicable regulations and Executive Orders.
XI. Modification:
29. The terms of this Agreement may be modified by mutual agreement of the Parties.
Such modifications must be in writing and signed by both parties.
XII. Termination:
30. This Agreement will remain in effect until the Compliance Order in Section V is
satisfied, as determined by the Director, and payment of the Civil Penalty in Section IV is made.
The Agreement shall not terminate until the Director confirms, in writing, that the Agreement is
terminated in accordance with this paragraph. Nothing in this Agreement prevents Respondent
from completing any of the obligations earlier than the deadlines provided for in this Agreement.
XIII. Ratification:
31. The Parties’ undersigned representatives certify that they are fully authorized to
enter into the terms and conditions of this Agreement and to execute and legally bind such party
to this document.
32. The Parties hereby agree to all findings, conditions, and terms of this Agreement.
[Signature Lines on Following Page]



For Boardwalk Petrochemical Pipeline, LLC:
___________________________________
Jeff Sanderson
SVP Operations Engineering & Construction
Boardwalk Pipeline Partners, LP
________________________
Date
For PHMSA:
________________________________________
Gregory Ochs
Director, Central Region, Office of Pipeline Safety, PHMSA
________________________
Date
- **truncated:** false
- **body characters:** 34031