{"operation":"document","citation":"CPF 420025012","title":"DOW PIPELINE CO — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-06-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420025012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420025012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420025012","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420025012","body":"Notice of Probable Violation involving DOW PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.452(b)(2). The case was opened on 2002-06-05 and is reported as closed as of 2003-05-19. Proposed civil penalty: $5,000. Assessed civil penalty: $0. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420025012_Final Order_12032002.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420025012/420025012_Final%20Order_12032002.pdf\n\n420025012_Final Order_12032002.pdf\n\n:\nof Transportation\nUS. Department\nWashington, D.C.\n400 Seventh Street, S.W.\n20500\nResearch and\nScimini Prations\nDEC - 3 2002\nMr. Kevin C. Weyer\nPresident\nDow Pipeline Company\n1000 County Road 340\nAngelton, TX 77515\nRe: CPF No. 4-2002-5012\nDear Mr. Weyer:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It withdraws the allegation of violation set forth in the Notice. The Order\nmakes a finding of inadequate procedures and requires that you amend your integrity management\nprogram procedures. When the terms of the Order are completed, as determined by the Director,\nSouthwest Region, OPS, this enforcement action will be closed. Your receipt of the Order\nconstitutes service of that document under 49 C.F.R. § 190.5.\nSincerely,\nPipeline Complane Regisry\nEnclosure\nCERTIFIED MAIL. - RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nDow Pipeline Company,\nCPF No. 4-2002-5012\nRespondent.\nFINAL ORDER\nOn February 19-20, 2002, pursuant to 49 U.S.C. § 60117, representatives of the Southwest Region,\nOffice of Pipeline Safety (OPS); inspected Dow Pipeline Company's (Respondent's) integrity\nmanagement program at Respondent's facility in Angleton, Texas. As a result of the inspection, the\nSouthwestern Regional Director, OPS, issued to Respondent, by letter dated June 5, 2002, a Notice\nof Probable Violation, Proposed Civil Penalty and Notice of Amendment (Notice). In accordance\nwith 49 C.F.R. § 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R.\n§ 195.452(b)and proposed assessing a civil penalty of $5,000 for the alleged violation. The Notice\nalso alleged inadequacies in Respondent's integrity management program and proposed to require\namendment of Respondent's procedures to comply with the requirements of 49 C.F.R. § 195.452(b).\nRespondent responded to the Notice by letter dated June 25, 2002. Respondent contested the\nallegation of violation and requested a hearing. The hearing was held in the office of the\nSouthwestern Region on October 3, 2002.\nWITHDRAWAL OF ALLEGATION\nThe Notice alleged that Respondent had violated § 195.452, which required Respondent to have\nidentified, by December 31, 2001, all pipeline segments in its system that could affect a high\nconsequence area. The Notice alleged that although Respondent had identified segments that\nintersected the high consequence areas, it had not identified segments in its pipeline system that did\nnot intersect high consequence areas but could affect the high consequence areas.\nRespondent contended that in identifying the segments by the December 31 deadline it had, based\non its experience and knowledge, generated a buffer zone to identify the segments that could affect\nthe high consequence areas. Respondent submitted maps showing the segments it had identified by\nthis process. Respondent explained that at OPS's suggestion, Respondent re-evaluated the segments\nusing a dispersion model, and that the segments identified were the same as the process Respondent\nhad previously used. Respondent maintained that its process of segment identification had complied\nwith the December 31 deadline.\n\n\n\n2\nAlthough the Notice alleged that Respondent had not used a buffer zone to identify segments that\ndid not intersect high consequence areas but which could be affected by a release of liquid methane\nfrom the line, OPS did not have documents supporting its allegation. Accordingly, the allegation\nof violation is withdrawn\nAMENDMENT OF PROCEDURES\nThe Notice also alleged that Respondent's integrity management program procedures were\ninadequate because Respondent did document the process it used to identify the segments and did\nnot include a quality assurance process. Respondent did not dispute these allegations and explained\nthat it was revising its procedures to add these processes. Respondent did not provide the amended\nprocedures at the hearing.\nAccordingly, I find that Respondent's integrity management program procedures are inadequate to\nensure safe operation of its pipeline system. Pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R.\n§ 190.237, Respondent is ordered to make the following changes to its integrity management\nprogram procedures. Respondent must -\nDocument and describe the process used to identify segments that could affect high\nconsequence areas.\n2. Include a quality assurance process and effectiveness evaluation in the segment\nidentification process to ensure that all segments that could affect high consequence areas\nare identified.\n3. Submit the amended procedures to the Regional Director, Southwest Region, OPS within\n30 days following receipt of this Order.\n4. The Regional Director may extend the period for complying with the required items if\nthe Respondent requests an extension and adequately justifies the reasons for the\nextension.\nThe terms and conditions of this Order are effective upon receipt.\nFailure to comply with this Order may result in the assessment of civil penalties of up to $25,000 per\nviolation per day, or in the referral of the case for judicial enforcement.\n-\nDEC = 3 2002\nfacey Gerar\nDate Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":5836}