{"operation":"document","citation":"CPF 32024066NOPV","title":"TEXAS GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-08-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.5(b)(3)(ii), 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024066nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024066nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024066nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024066NOPV","body":"Notice of Probable Violation involving TEXAS GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.5(b)(3)(ii),  192.605(a). The case was opened on 2024-08-22 and is reported as closed as of 2024-12-12. Proposed civil penalty: $68,800. Assessed civil penalty: $68,800. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024066NOPV_Consent Agreement and Order_12062024_(23-282184).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_Consent%20Agreement%20and%20Order_12062024_(23-282184).pdf\n\n32024066NOPV_Consent Agreement and Order_12062024_(23-282184)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_Consent%20Agreement%20and%20Order_12062024_(23-282184)_text.pdf\n\n32024066NOPV_Operator Response to Notice (Part 2)_09122024_(23-282184).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_Operator%20Response%20to%20Notice%20(Part%202)_09122024_(23-282184).pdf\n\n32024066NOPV_Operator Response to Notice and Request for Hearing and Request for Informal Meeting and Statement of Issues (Part 1)_09122024_(23-282184).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Request%20for%20Informal%20Meeting%20and%20Statement%20of%20Issues%20(Part%201)_09122024_(23-282184).pdf\n\n32024066NOPV_Operator Response to Notice and Request for Hearing and Request for Informal Meeting and Statement of Issues (Part 3)_09122024_(23-282184).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_Operator%20Response%20to%20Notice%20and%20Request%20for%20Hearing%20and%20Request%20for%20Informal%20Meeting%20and%20Statement%20of%20Issues%20(Part%203)_09122024_(23-282184).pdf\n\n32024066NOPV_PCP PCO_08222024_(23-282184).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_PCP%20PCO_08222024_(23-282184).pdf\n\n32024066NOPV_PCP PCO_08222024_(23-282184)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_PCP%20PCO_08222024_(23-282184)_text.pdf\n\n32024066NOPV_PHC Hearing Scheduled_09302024_(23-282184).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_PHC%20Hearing%20Scheduled_09302024_(23-282184).pdf\n\n32024066NOPV_PHC Hearing Scheduled_09302024_(23-282184)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024066NOPV/32024066NOPV_PHC%20Hearing%20Scheduled_09302024_(23-282184)_text.pdf\n\n32024066NOPV_Consent Agreement and Order_12062024_(23-282184)_text.pdf\n\nDecember 6, 2024\nVIA ELECTRONIC MAIL TO: scott.hallam@bwpipelines.com\nMr. Scott Hallam\nPresident and Chief Executive Officer\nBoardwalk Pipelines, LP\n9 Greenway Plaza, Suite 2800\nHouston, Texas 77046\nCPF No. 3-2024-066-NOPV\nDear Mr. Hallam:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA), Texas Gas\nTransmission, LLC, and Gulf South Pipeline Company, LLC, which was executed on November\n21, 2024. When the civil penalty has been paid, this enforcement action will be closed. Service\nof the Consent Order and Consent Agreement by electronic mail is deemed effective upon the\ndate of transmission and acknowledgement of receipt, or as otherwise provided under 49 C.F.R.\n§ 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 Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMr. Jeff Sanderson, Senior Vice President, Operations Engineering and Construction,\nBoardwalk Pipeline, LP, jeff.sanderson@bwpipelines.com\n\n\n\nMs. Tina Baker, Manager, Compliance Services, Boardwalk Pipelines, LP,\ntina.baker@bwpipelines.com\nMr. Tony Rizk, Vice President, Technical Services, Boardwalk Pipelines, LP,\ntony.rizk@bwpipelines.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____________________________________\n)\nIn the Matter of )\n)\nGulf South Pipeline Company, LLC, )\nand Texas Gas Transmission, LLC, ) CPF No. 3-2024-066-NOPV\n)\nRespondent. )\n____________________________________)\nCONSENT ORDER\nBy letter dated August 22, 2024, 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 Texas Gas Transmission, LLC (Texas\nGas) and Gulf South Pipeline Company, LLC (Gulf South) (jointly referred to as Respondents).1\nRespondents responded to the Notice by letter dated September 12, 2024 (Response). Gulf South\ndid not contest Item 1 of the Notice or its associated Proposed Civil Penalty. Respondents\ncontested Item 2 of the Notice, its associated Proposed Compliance Order, and requested a\nhearing. Respondents also requested to meet informally with PHMSA to discuss the matters\nraised in its Response. Respondents and PHMSA (the Parties) subsequently met on October 31,\n2024. As a result of those discussions, as explained in more detail below, the Parties have agreed\nto a Consent Agreement by which PHMSA makes a finding of violation for Item 1 as alleged in\nthe Notice and withdraws Item 2 as alleged in the Notice and its associated Proposed\nCompliance Order. Gulf South will pay a civil penalty in the amount of $68,800.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. Respondents are hereby ordered to comply with the terms of the Consent\nAgreement pursuant to its terms. Pursuant to 49 U.S.C. § 60101, et seq., failure to comply with\nthis Consent Order may result in the assessment of civil penalties as set forth in 49 U.S.C. §\n60122 and 49 C.F.R. § 190.223, or in referral to the Attorney General for appropriate relief in a\ndistrict court of the United States.\n1 Gulf South and Texas Gas are wholly owned operating subsidiaries of Boardwalk Pipelines, L.P. Gulf South’s\nOperator Identification Number (OPID) is 31728 and Texas Gas’s OPID is 19270. Gulf South and Texas Gas\noperate their pipeline systems pursuant to procedures that are maintained by Boardwalk on behalf of multiple\nBoardwalk-owned pipelines. Boardwalk does not operate any pipeline facility and does not have an OPID.\n\n\n\nThe terms and conditions of this Consent Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nDecember 6, 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 )\nGulf South Pipeline Company, LLC )\nand Texas Gas Transmission, LLC, ) CPF No. 3-2024-066-NOPV\n)\n)\n)\nRespondents. )\n____________________________________)\nCONSENT AGREEMENT\nFrom August 21 through October 5, 2023, representatives 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.), inspected the procedures and records of Texas Gas\nTransmission, LLC (Texas Gas) and Gulf South Pipeline Company, LLC (Gulf South) (jointly\nreferred to as Respondents) in Owensboro, Kentucky.2\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondents,\nby letter dated August 22, 2024, 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 two violations of 49 C.F.R. Part 192 (Items 1 & 2). Item 1 of the Notice alleged a violation\ninvolving only Gulf South and proposed a civil penalty of $68,800. Item 2 of the Notice alleged a\nviolation involving both Gulf South and Texas Gas and proposed ordering Respondents to take\ncertain measures to correct the alleged violation.\nGulf South and Texas Gas responded to the Notice by letter dated September 12, 2024 (Response).\nGulf South did not contest Item 1 of the Notice or its associated Proposed Civil Penalty.\nRespondents contested Item 2 of the Notice and its associated Proposed Compliance Order and\nrequested a hearing. Respondents also requested to meet informally with PHMSA to discuss the\nmatters raised in their Response.\nPHMSA and Respondents (the Parties) subsequently met to discuss the issues raised in the\nResponse on October 31, 2024. As a result of those discussions and the documentation provided\nin the Response and as explained in more detail below, the Parties have agreed to a Consent\n2 Gulf South and Texas Gas are wholly owned operating subsidiaries of Boardwalk Pipelines, L.P. Gulf South’s\nOperator Identification Number (OPID) is 31728 and Texas Gas’s OPID is 19270. Gulf South and Texas Gas\noperate their pipeline systems pursuant to procedures that are maintained by Boardwalk on behalf of multiple\nBoardwalk-owned pipelines. Boardwalk does not operate any pipeline facility and does not have an OPID.\n\n\n\nAgreement by which PHMSA makes a finding of violation for Item 1 as alleged in the Notice and\nwithdraws Item 2 as alleged in the Notice and its associated Proposed Compliance Order. Gulf\nSouth will pay a civil penalty in the amount of $68,800 for Item 1.\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:\nI. General Provisions\n1. Respondents acknowledge that as the operators of the pipeline facilities subject to\nthe Notice, Respondents and their referenced pipeline facilities are subject to the jurisdiction of\nthe Federal 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), Respondents\nacknowledge that they 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 Respondents return 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. Respondents consent to the issuance of the Consent Order, and hereby waive any\nfurther procedural requirements with respect to its issuance. Respondents waive 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. Respondents agree to withdraw their request for an administrative\nhearing regarding Item 2 of the Notice.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondents, their\nofficers, directors, and employees, and their successors, assigns, or other entities or persons\notherwise bound by law. Respondents agree to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondents’ 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.\n\n\n\n6. Nothing in this Agreement affects or relieves Respondents of their 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 Respondents 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 Respondents’ pipeline\nsystems referenced herein, Respondents will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer. Respondents 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 Respondents’ pipeline systems. This Agreement is not a permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations. Respondents\nremain 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 Respondents or their\nofficers, employees, or agents carrying out the work required by this Agreement. Respondents\nagree to hold harmless the U.S. Department of Transportation, its officers, employees, agents, and\nrepresentatives from any and all causes of action arising from any acts or omissions of Respondents\nor their 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. Finding of Violation:\n11. Item 1 - 49 C.F.R. § 192.5(b)(3)(ii): The Notice alleged that Gulf South did not\nidentify a Class 3 location along Line 129 on Gulf South’s pipeline system. Specifically, the Notice\nalleged that there was a building within 100 yards of the pipeline, which was designated as a Class\n1 location, that is occupied by 20 or more persons on at least 5 days a week for 10 weeks in any\n12-month period, which makes it a Class 3 area. Gulf South does not contest the allegation of\nviolation as alleged in the Notice. As such, PHMSA finds a violation of 49 C.F.R. § 192.5(b)(3)(ii).\n12. Item 1 will be considered by PHMSA as a prior offense in any future PHMSA\nenforcement action taken against Gulf South.\n\n\n\nIII. Item Withdrawn:\n13. Item 2 - 49 C.F.R. § 192.605(a): With respect to Item 2 of the Notice, the Parties\nagree that this Item should be withdrawn following review of the documentation provided with\nRespondents’ Response demonstrating that Gulf South and Texas Gas did not fail to comply with\nthe regulation as alleged in the Notice. Because this Item is withdrawn, it will not constitute a\nfinding of violation for any purpose, and no further action by Respondents is necessary with respect\nto this Item. As such, the allegation of violation for Item 2 and the Proposed Compliance Order\nassociated with this Item are withdrawn.\nIV. Civil Penalty:\n14. Item 1: The Notice proposed assessing a civil penalty in the amount of $68,800 for\nItem 1. Gulf South did not contest the Proposed Civil Penalty for this Item. As such, Gulf South\nshall pay a civil penalty in the amount of $68,800 for Item 1.\n15. Gulf South will pay a total civil penalty in the amount of $68,800, pursuant to the\npayment instructions at 49 C.F.R. § 190.227(a), to be paid in full no later than 20 days from the\nEffective Date of this Agreement.\nV. Enforcement:\n16. 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 $266,015 per violation for each day the violation continues and\nreferral of the case to the Attorney General for judicial enforcement, if PHMSA determines that\nRespondents are 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.\nVI. Dispute Resolution:\n17. The Director and Respondents will informally attempt to resolve any disputes\narising under this Agreement. If Respondents and the Director are unable to informally resolve the\ndispute within 15 calendar days after the dispute is first raised, in writing, to the Director,\nRespondents may submit a written request for a determination resolving the dispute from the\nAssociate Administrator. Such request must be made in writing and provided to the Director,\ncounsel for the Central Region, and to the Associate Administrator, no later than 10 calendar days\nfrom the 15-day deadline for informal resolution referenced in this paragraph. Along with their\nrequest, Respondents must provide the Associate Administrator with all information Respondents\nbelieve is relevant to the dispute. Decisions of the Associate Administrator under this paragraph\nwill constitute final agency action. The existence of a dispute and PHMSA’s consideration of\nmatters placed in dispute will not excuse, toll, or suspend any term or timeframe for completion\nof any work to be performed under this Agreement during the pendency of the dispute resolution\nprocess.\n\n\n\nVII. Effective Date:\n18. 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.\nVIII. Recordkeeping and Information Disclosure:\n19. Unless otherwise required in this Agreement, Respondents agree 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, Respondents may assert a claim of\nbusiness confidentiality or other protections applicable to the release of information by PHMSA,\ncovering part or all of the information required to be submitted to PHMSA pursuant to this\nAgreement in accordance with 49 C.F.R. Part 7. Respondents must mark the claim of\nconfidentiality in writing on each page, and include a statement specifying the grounds for each\nclaim of confidentially. PHMSA determines release of any information submitted pursuant to this\nAgreement in accordance with 49 C.F.R. Part 7, the Freedom of Information Act, 5 U.S.C. § 552,\nDOT and PHMSA policies, and other applicable regulations and Executive Orders.\nIX. Modification:\n20. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by all parties.\nX. Termination:\n21. This Agreement will remain in effect until the civil penalty in Section IV is paid.\nThis enforcement action will be closed upon payment. Nothing in this Agreement prevents\nRespondents from completing any of the obligations earlier than the deadlines provided for in this\nAgreement.\nXI. Ratification:\n22. 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.\n23. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\n[Signature Lines on Following Page]\n\n\n\nFor Gulf South Pipeline Company, LLC and\nTexas Gas Transmission, LLC\n___________________________________\nJeff Sanderson\nSVP Operations Engineering & Construction\nBoardwalk Pipeline Partners, LP\n________________________\nDate\nFor PHMSA:\n________________________________________\nDirector, Central Region, Office of Pipeline Safety\n\n32024066NOPV_PHC Hearing Scheduled_09302024_(23-282184)_text.pdf\n\nSeptember 30, 2024\nVIA ELECTRONIC MAIL TO: tony.rizk@bwpipelines.com and gregory.ochs@dot.gov\nMr. Tony G. Rizk, P.E.\nVice President, Technical Services\nBoardwalk Pipelines, LP\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 Pipelines, LP\nCPF No. 3-2024-066-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, Proposed Civil Penalty, and Proposed Compliance Order issued by the\nPipeline and Hazardous Materials Safety Administration in the above-referenced case. The\nhearing will take place on February 27, 2025, beginning at 8:30 a.m. Central Time.\nThe hearing will be held at the PHMSA Central Region office, 901 Locust Street, Suite 480,\nKansas City, Missouri 64106. Upon arrival at the building, attendees will be required to present\nphoto identification to security personnel. A contact phone number for the day of the hearing is\n(816) 329-3800.\nAt least 10 calendar days prior to the hearing (or by February 18, 2025), both parties must submit\nand exchange any additional written materials they intend to present at the hearing and the name\nand email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded. If you have any questions, please do not\nhesitate to contact me.\n\n\n\nSincerely,\nLarry White\nPresiding Official\ncc: Mr. Scott Hallam, President/CEO, Boardwalk Pipelines, LP,\nscott.hallam@bwpipelines.com\nMr. Ryan McClure, Counsel, Central Region, Office of Pipeline Safety, PHMSA\nryan.mcclure@dot.gov\nMs. Mia Petrucci, Law Clerk, Central Region, Office of Pipeline Safety, PHMSA\nmia.petrucci@dot.gov","truncated":false,"body_characters":23057}