{"operation":"document","citation":"CPF 32025006NOPV","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":"2025-08-18","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.605(a), 192.739(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025006nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025006nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32025006nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32025006NOPV","body":"Notice of Probable Violation involving TEXAS GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 192.605(a),  192.739(a). The case was opened on 2025-08-18 and is reported as closed as of 2026-01-13. Proposed civil penalty: $115,400. Assessed civil penalty: $115,400. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32025006NOPV_Closure Letter_01132026_(23-264820).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025006NOPV/32025006NOPV_Closure%20Letter_01132026_(23-264820).pdf\n\n32025006NOPV_Closure Letter_01132026_(23-264820)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025006NOPV/32025006NOPV_Closure%20Letter_01132026_(23-264820)_text.pdf\n\n32025006NOPV_Final Order_10152025_(23-264820).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025006NOPV/32025006NOPV_Final%20Order_10152025_(23-264820).pdf\n\n32025006NOPV_Final Order_10152025_(23-264820)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025006NOPV/32025006NOPV_Final%20Order_10152025_(23-264820)_text.pdf\n\n32025006NOPV_Operator Response to Notice_09102025_(23-264820).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025006NOPV/32025006NOPV_Operator%20Response%20to%20Notice_09102025_(23-264820).pdf\n\n32025006NOPV_PCP PCO_08182025_(23-264820).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025006NOPV/32025006NOPV_PCP%20PCO_08182025_(23-264820).pdf\n\n32025006NOPV_PCP PCO_08182025_(23-264820)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32025006NOPV/32025006NOPV_PCP%20PCO_08182025_(23-264820)_text.pdf\n\n32025006NOPV_Closure Letter_01132026_(23-264820)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\n901 Locust Street, Suite 480\nKansas City, MO 64106\nVIA ELECTRONIC MAIL TO: scott.hallam@bwpipelines.com;\ntina.baker@bwpipelines.com\nJanuary 13, 2026\nMr. Scott Hallam, President & CEO\nBoardwalk Pipelines, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77066\nRE: CPF 3-2025-006-NOPV\nDear Mr. Hallam:\nOn October 15, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Texas Gas Transmission, LLC (Texas Gas), a subsidiary of Boardwalk Pipelines, LP, a\nFinal Order, pursuant to 49 CFR § 190.213, in the above-referenced case. This Order included a\nCompliance Order. Based on our review of the documentation provided, it has been determined\nthat Texas Gas has complied with the terms of the Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nDavid Barrett\nActing Director, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Tina Baker, Manager, Compliance Services, BP, Tina.Baker@bwpipelines.com\n\n32025006NOPV_Final Order_10152025_(23-264820)_text.pdf\n\nOctober 15, 2025\nVIA ELECTRONIC MAIL TO: scott.hallam@bwpipelines.com\nScott Hallam\nPresident & Chief Executive Officer\nBoardwalk Pipelines, LP\n9 Greenway Plaza, Suite 2800\nHouston, Texas 77066\nRe: CPF No. 3-2025-006-NOPV\nDear Mr. Hallam:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation, finds that the civil penalty amount of $115,400 has been paid in full, and specifies\nactions that need to be taken to comply with the pipeline safety regulations. When the terms of\nthe compliance order are completed, as determined by the Acting Director, Central Region, this\nenforcement action will be closed. Service of the Final Order by e-mail is effective upon the date\nof transmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\ncc: David Barrett, Acting Director, Central Region, Office of Pipeline Safety, PHMSA\nTina Baker, Manager, Compliance Services, Boardwalk Pipelines, LP.,\ntina.baker@bwpipelines.com\nJeff Sanderson, VP Field Operations Safety & Security, Boardwalk Pipelines, LP.,\njeff.sanderson@bwpipelines.com\nTesha Doerner, MBA, Supervisor, Compliance Services, Boardwalk Pipelines, LP.,\ntesha.doerner@bwpipelines.com\n\n\n\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 )\nTexas Gas Transmission, LLC, )\na subsidiary of Boardwalk Pipelines, LP, ) )\n)\n)\nRespondent. )\n____________________________________)\nCPF No. 3-2025-006-NOPV\nFINAL ORDER\nOn August 18, 2025, pursuant to 49 CFR § 190.207, the Acting Director, Central Region, Office\nof Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Texas Gas\nTransmission, LLC, a subsidiary of Boardwalk Pipelines, LP (Respondent). The Notice proposed\nfinding that Respondent had violated the pipeline safety regulations in 49 CFR Part 192 and\nproposed a civil penalty of $115,400. The Notice also proposed certain measures to correct the\nviolations. Respondent did not contest the allegations of violation or corrective measures and\npaid the proposed civil penalty on September 10, 2025.\nPursuant to 49 CFR § 190.213, I find Respondent violated the pipeline safety regulation listed\nbelow, as more fully described in the enclosed Notice, which is incorporated by reference:\n49 CFR § 192.739(a) (Item 2) ─ Respondent failed to inspect and test at intervals\nnot to exceed 15 months, but at least once each calendar year, the devices to\nregulate and limit pressure at pressure limiting stations in its Leesville and\nWilfred stations in Indiana and its Dixie and West Greenville stations in\nKentucky.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent. In accordance with 49 CFR § 190.223, Respondent is assessed the\nproposed civil penalty amount of $115,400, which Respondent has already paid in full.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violation. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Failure to\n\n\n\ncomply with this Order may result in the assessment of civil penalties under 49 CFR § 190.223\nor in referral to the Attorney General for appropriate relief in a district court of the United States.\nWarning Item\nWith respect to Item 1, the Notice alleged a probable violation of 49 CFR § 192.605(a) but did\nnot propose a civil penalty or compliance order for this item. Therefore, this is considered to be a\nwarning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent\nmay be subject to future enforcement action.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n___________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nNOTICE OF PROBABLE VIOLATION\nPROPOSED CIVIL PENALTY\nand\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: scott.hallam@bwpipelines.com;\njeff.sanderson@bwpipelines.com; tina.baker@bwpipelines.com\nAugust 18, 2025\nMr. Scott Hallam, President & CEO\nBoardwalk Pipelines, LP\n9 Greenway Plaza, Suite 2800\nHouston, TX 77066\nCPF 3-2025-006-NOPV\nDear Mr. Hallam:\nFrom June 6, 2023 to August 2, 2023, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.), conducted an onsite inspection of the natural gas pipelines of Texas\nGas Transmission, LLC, a subsidiary of Boardwalk Pipelines, LP (TGT) in Kentucky and Indiana.\nAs a result of the inspection, it is alleged that TGT has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. . .\nTGT failed to follow its written procedures, as required by § 192.605(a), by not documenting\nperiodic odorant intensity testing in the Wilfred, Indiana, operating area.\nSection 192.625(f) requires that “each operator must conduct periodic sampling of combustible\ngases using an instrument capable of determining the percentage of gas in air at which the odor\n\n\n\nbecomes readily detectable.” In response to PHMSA’s November 2, 2023 information request,\nTGT acknowledged in its response dated December 13, 2023 (Response), that the odorization\nrequirements of § 192.625 are applicable in the Wilfred, Indiana “free gas” area (i.e., a portion of\nthe system where TGT provides gas service to certain landowners at no cost, in exchange for leased\naccess to its underground gas storage fields).\n1\nSection 7010 of TGT’s “Operations and Maintenance Manual: Natural Gas” (O&M Manual)\nstated, “[the] Area Manager (or designee) shall ensure that Assigned Operations Personnel (or\ndesignee) shall test odorization levels with a sniff test quarterly and an odorant intensity tester at\nleast annually” and “[the] Assigned Operations Personnel shall conduct periodic sampling of\ncombustible gases using an instrument capable of determining the percentage of gas in air at which\nthe odor becomes readily detectable.” It further addressed the required documentation of this test,\nstating, “Use Form 7000-10: Odorizer Inspection & Sniff Test Report for inspection of Odorizer\nand proper levels of odorant or equivalent form provided by third-party contractor.” The evaluation\ncriteria for TGT’s operator qualification task, “610OP - Monitor Odorant Concentration,” also\nlisted “Record results” as a required element of using an odorometer.\nIn calendar years 2020 and 2021, odorant monitoring for the Wilfred operating area was not\ndocumented on form 7000-10, as required by the O&M Manual. Rather, it was documented on a\nform designated as “TXG-0032.” Form TXG-0032 had no field for recording odorant\nconcentration data (i.e., quantitative testing). Only qualitative testing (often referred to as “sniff\ntesting”) was recorded on form TXG-0032. TGT indicated in its Response that the quantitative\ntesting had been performed in 2020 and 2021 but not documented, and provided records on Form\n7000-10 for calendar years 2022 and 2023.\nTherefore, TGT lacked records of its required annual odorant intensity testing for calendar years\n2020 and 2021, and failed to follow its procedures for odorant testing and associated recordkeeping\nin 2020 and 2021, contrary to the requirements of § 192.605(a).\n2. § 192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and pressure\nregulating station and its equipment must be subjected at intervals not exceeding 15\nmonths, but at least once each calendar year, to inspections and tests to determine\nthat it is. . . .\nTGT failed to inspect and test each pressure regulating station at intervals not exceeding 15\nmonths, but at least once each calendar year, as required by § 192.739(a). Specifically, devices to\nregulate and limit pressure at pressure limiting stations in its Leesville and Wilfred “free gas” areas\nin Indiana and its Dixie and West Greenville “free gas” areas in Kentucky were being inspected\nevery three years, rather than annually.2 Pressure limiting and regulating stations automatically\ncontrol the supply of gas to prevent downstream piping and equipment from being subjected to\npressures that exceed what they can safely contain. It is important that such stations be inspected\n1 The Wilfred operating area spans over 90 miles of transmission pipeline. The “free gas” area is a subset\nof this area, limited to the boundaries of its underground natural gas storage field.\n2 The “free gas” areas are subsets of the larger operating areas.\n\n\n\nand maintained at the required frequency to ensure that excess pressure does not lead to pipeline\nfailure, endangering persons and property.\nSection 2050 of TGT’s O&M Manual included procedures related to inspection and maintenance\nof pressure limiting devices. In Table 2050-1 of section 2050, TGT specified the frequency of\ntesting for pressure regulators and relief devices at a three-year, not to exceed 39-months, interval\nfor inspection, testing, and capacity review of all regulators and reliefs designated as “free gas.”\nDevices outside of “free gas” areas were assigned a one-year, not to exceed 15-months, interval.\nThe only portion of Part 192 that allows for testing overpressure equipment at three-year intervals\nis § 192.740, which is titled “Pressure regulating, limiting, and overpressure protection—\nIndividual service lines directly connected to regulated gathering or transmission pipelines.”\nSection 2050’s three-year testing interval appears to be derived from TGT’s blanket application of\nthe requirements of § 192.740 to all equipment in “free gas” areas.\nSection 192.740 is not applicable to those taps3 in TGT’s system which are not directly connected\nto service lines. Section § 192.740(a) states: “This section applies, except as provided in paragraph\n(c) of this section, to any service line directly connected to a transmission pipeline or regulated\ngathering pipeline as determined in § 192.8 that is not operated as part of a distribution system.”\nSection § 192.3 defines the term service line as follows: “Service line means a distribution line\nthat transports gas from a common source of supply to an individual customer, to two adjacent or\nadjoining residential or small commercial customers, or to multiple residential or small\ncommercial customers served through a meter header or manifold. A service line ends at the outlet\nof the customer meter or at the connection to a customer's piping, whichever is further downstream,\nor at the connection to customer piping if there is no meter.”\nAccording to records provided by TGT on March 27, 2024, in response to PHMSA’s January 30,\n2024 information request, TGT’s system has multiple taps feeding “community lines”4 that supply\nmultiple recipients. In some cases, the records indicate that dozens of residences or businesses are\nfed from a single tap.5 Most recipients are freestanding single-family residential structures and\nare not fed through a common meter header or manifold. Such “community lines” therefore do\nnot transport gas either to an individual customer, to two adjacent or adjoining residential or small\ncommercial customers, or to multiple residential or small commercial customers served through a\nmeter header or manifold. Consequently, the “community lines” do not meet the definition of\nservice lines and § 192.740 does not apply.\nBecause TGT's free gas taps are designed to automatically reduce and regulate gas pressure in\ndownstream pipelines, including customer-owned \"community\" pipelines, they constitute pressure\nregulating stations, and must be inspected and tested at the intervals established by § 192.739. The\ntaps in question are required to be tested at least once each year, not to exceed 15 months, per\n§ 192.739(a).\n3 “Tap” is TGT’s term for a pressure regulating station serving the “free gas” areas.\n4 This is TGT’s term for a line which services multiple recipients.\n5 Examples include TGT’s taps L-13, L-18, and WG-10, which supply 40, 24, and 57 recipients, respectively.\n\n\n\nIn correspondence dated March 3, 2022, PHMSA requested TGT’s most recent testing records for\nits overpressure protection devices in the “free gas” areas. In its April 1, 2022 response, TGT\nprovided records from calendar year 2020 for the Dixie and West Greenville areas, and records\nfrom 2019 for the Leesville and Wilfred areas. In a subsequent request dated January 30, 2024,\nPHMSA requested records of all such testing performed since the 2022 response. On March 27,\n2024, TGT provided records from 2022 and 2023 for all four “free gas” areas. TGT also provided\ndata identifying which tap locations serve three or more discrete recipients, as opposed to\nindividual “farm tap” service lines which fall under § 192.740.\nFrom this data, in multiple instances, TGT failed to meet the interval required by § 192.739(a).\n1. In the Leesville operating area, TGT tested six devices (TGT asset numbers 349460,\n349461, 350169, 349459, 350170, and 350171) in calendar years 2019 and 2022, at a\ntesting interval of every three years;\n2. In the Dixie operating area, TGT tested three devices (TGT assets 348890, 348904, and\n349868) in calendar years 2020 and 2023, at a testing interval of every three years;\n3. In the Wilfred operating area, TGT tested five devices (TGT assets 349015, 349016,\n349017, 349018, and 349950) in calendar years 2019 and 2022, at a testing interval of\nevery three years;\n4. In the West Greenville operating area, TGT tested eleven devices (TGT assets 349796,\n349798, 348811, 348812, 349850, 348876, 349851, 348894, 349971, 350198, and\n349042) in calendar years 2020 and 2023 at a testing interval of every three years;\n5. In the West Greenville operating area, TGT tested one device (TGT asset 349829) on\nJune 27, 2022 and October 21, 2023 in consecutive calendar years, but exceeding the\n15-month interval by 24 days; and\n6. In the West Greenville operating area, TGT tested five devices (TGT assets 348903,\n349970, 349041, 349972, and 348832) only in calendar year 2023, with no record\nprovided of any other testing in calendar years 2020 through 2022.\nBy not performing annual testing of its pressure-limiting devices, TGT failed to follow the\ninspection and testing requirements of § 192.739.\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$272,926 per violation per day the violation persists, up to a maximum of $2,729,245 for a related\nseries of violations. For violation occurring on or after December 28, 2023 and before December\n30, 2024 the maximum penalty may not exceed $266,015 per violation per day the violation\npersists, up to a maximum of $2,660,135 for a related series of violations. For violation occurring\non or after January 6, 2023 and before December 28, 2023 the maximum penalty may not exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\n\n\n\nseries of violations. For violation occurring on or after March 21, 2022 and before January 6, 2023\nthe maximum penalty may not exceed $239,142 per violation per day the violation persists, up to\na maximum of $2,391,412 for a related series of violations. For violation occurring on or after\nMay 3, 2021 and before March 21, 2022 the maximum penalty may not exceed $225,134 per\nviolation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. For violation occurring on or after January 11, 2021 and before May 3, 2021 the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July\n31, 2019, and before January 11, 2021 the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations.\nWe have reviewed the circumstances and supporting documentation involved for the above\nprobable violations and recommend that you be preliminarily assessed a civil penalty of $115,400\nas follows:\nItem number PENALTY\n2 $115,400\nProposed Compliance Order\nWith respect to Item 2 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Texas Gas Transmission, LLC. Please\nrefer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.\nWarning Item\nWith respect to Item 1, we have reviewed the circumstances and supporting documents involved\nin this case and have decided not to conduct additional enforcement action or penalty assessment\nproceedings at this time. We advise you to promptly correct this item. Failure to do so may result\nin additional enforcement action.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under\n5 U.S.C. § 552(b).\n\n\n\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region Director\nmay extend the period for responding upon a written request timely submitted demonstrating good\ncause for an extension.\nIn your correspondence on this matter, please refer to CPF 3-2025-006-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nDavid Barrett\nActing Director, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Jeff Sanderson, VP Field Operations Safety & Security, BP,\nJeff.Sanderson@bwpipelines.com\nTina Baker, Manager, Compliance Services, BP, Tina.Baker@bwpipelines.com\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Texas Gas Transmission, LLC, a Compliance\nOrder incorporating the following remedial requirements to ensure the compliance of TGT with\nthe pipeline safety regulations:\nA. B. In regard to Item 2 of the Notice, pertaining to inspection and testing of pressure-\nlimiting devices, TGT must revise its applicable procedures to accurately\ndifferentiate pressure limiting devices which meet the criteria of § 192.740 from\nthose falling under § 192.739 to ensure that the frequency of inspection,\nmaintenance, and capacity calculation is compliant with the regulations. TGT must\nsubmit its revised procedures for review and approval within 60 days of receipt of\nthe Final Order.\nIt is requested (not mandated) that TGT maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to the, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration, Office of Pipeline Safety. It is requested that these costs be\nreported in two categories: (1) total cost associated with preparation/revision of\nplans, procedures, studies and analyses, and (2) total cost associated with\nreplacements, additions and other changes to pipeline infrastructure.","truncated":false,"body_characters":24082}