{"operation":"document","citation":"CPF 420091011","title":"LINDE — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-04-16","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.905(b), 192.937(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091011","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420091011","body":"Notice of Probable Violation involving LINDE. PHMSA's enforcement data identifies the cited regulations as 192.905(b),  192.937(b). The case was opened on 2009-04-16 and is reported as closed as of 2010-12-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420091011_Closure_12152010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091011/420091011_Closure_12152010.pdf\n\n420091011_Closure_12152010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091011/420091011_Closure_12152010_text.pdf\n\n420091011_FinalOrder_06172010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091011/420091011_FinalOrder_06172010.pdf\n\n420091011_FinalOrder_06172010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091011/420091011_FinalOrder_06172010_text.pdf\n\n420091011_NOPVPCO_04162009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091011/420091011_NOPVPCO_04162009.pdf\n\n420091011_NOPVPCO_04162009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091011/420091011_NOPVPCO_04162009_text.pdf\n\n420091011_response to NOPV_05192009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091011/420091011_response%20to%20NOPV_05192009.pdf\n\n420091011_Closure_12152010_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 15, 2010\nMr. Sean Durbin\nV.P. Operations and Service\nPraxair, Inc.\n175 East Park Dr.\nP.O. Box 44\nTonawanda, NY 14151\nCPF 4-2009-1011\nDear Mr. Durbin:\nOn September 10-14 and September 24-27, 2007, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code inspected the Praxair Inc. Integrity Management Program in Deer Park, Texas. As\na result of the inspection, Praxair Inc. was issued a Final Order in the above-referenced case.\nThis Order makes findings of violations and specified actions that needed to be taken by Praxair\nInc. in a Compliance Order. Based on our review of the documentation you provided, it has\nbeen determined that you have complied with the terms of this 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,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration\n\n420091011_FinalOrder_06172010_text.pdf\n\nJUN 17 2010\nMs. Elizabeth Casciani\nVice President, Operations and Service\nPraxair, Inc.\n39 Old Ridgebury Road\nDanbury, CT 06810\nRe: CPF No. 4-2009-1011\nDear Ms. Casciani:\nEnclosed is the Final Order issued in the above-referenced case. It makes a finding of violation\nand specifies actions that need to be taken by Praxair, Inc., to comply with the pipeline safety\nregulations. When the terms of the compliance order have been completed, as determined by the\nDirector, Southwest Region, this enforcement action will be closed. Service of the Final Order\nby certified mail is deemed effective upon the date of mailing, or as otherwise provided under 49\nC.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R.M. Seeley, Director, Southwest Region, PHMSA\nMr. James R. Ryan, Pipeline Regulatory Compliance Manager\n203 Valle Vista Ct, Minooka, IL 60447\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0043 9528 ]\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 )\nPraxair, Inc., ) CPF No. 4-2009-1011\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nBetween September 10 and 27, 2007, pursuant to 49 U.S.C. § 60117, representatives of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted a system-wide Integrity Management inspection of Praxair, Inc. (Praxair or\nRespondent) in Harris County, Texas. Respondent operates approximately 325 miles of natural\ngas pipelines, primarily in Texas, including a 232-mile pipeline between Deer Park, Texas, and\nLake Charles, Louisiana.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated April 16, 2009, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Respondent had violated 49 C.F.R. § 192.937(b) and proposed ordering Respondent\nto take certain measures to correct the alleged violation. The Notice also proposed finding that\nRespondent had committed a probable violation of 49 C.F.R. § 192.905 and warned Respondent\nto take appropriate corrective action or be subject to future enforcement action.\nPraxair responded to the Notice by letter dated May 19, 2009 (Response). Respondent did not\ncontest the violations as alleged in the Notice and stated the company would comply with the\nProposed Compliance Order within 30 days of issuance of a Final Order. Respondent did not\nrequest a hearing and has therefore waived its right to one.\nFINDING OF VIOLATION\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.937(b), which states:\n§ 192.937 What is a continual process of evaluation and assessment\nto maintain a pipeline’s integrity?\n(a) . . . .\n(b) Evaluation. An operator must conduct a periodic evaluation as\nfrequently as needed to assure the integrity of each covered segment. The\n\n\n\n2\nPeriodic evaluation must be based on a data integration and risk\nassessment of the entire pipeline as specified in § 192.917. For plastic\ntransmission pipelines, the periodic evaluation is based on the threat\nanalysis specified in § 192.917(d). For all other transmission pipelines,\nthe evaluation must consider the past and present integrity assessment\nresults, data integration, and risk assessment information (§ 192.917), and\ndecisions about remediation (§ 192.933) and additional preventive and\nmitigative actions (§ 192.935). An operator must use the results from this\nevaluation to identify the threats specific to each covered segment and the\nrisk represented by these threats.\nThe Notice alleged that Respondent violated § 192.937(b) by failing to conduct periodic\nevaluations as frequently as needed to assure the integrity of each covered segment. Specifically,\nthe Notice alleged that at the time of inspection Respondent could not demonstrate that it had\nperformed periodic evaluations to confirm the adequacy of its pipeline data, to verify the\nappropriate reassessment interval, or to determine if changes to assessment methods were\nneeded.\nRespondent did not contest this allegation. Accordingly, after considering all of the evidence, I\nfind that Respondent violated 49 C.F.R. § 192.937(b) by failing to conduct periodic evaluations\nas frequently as needed to assure the integrity of each covered segment of its pipeline.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a Compliance Order with respect to Item 2 in the Notice for violation of 49\nC.F.R. § 192.937(b). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.\n§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to\nensure compliance with the pipeline safety regulations applicable to its operations. Respondent\nmust:\n1. Conduct a documented review of current integrity management program procedures to\ndetermine whether they are adequate to ensure compliance with 49 C.F.R. § 192.937(b).\nSubmit the procedures and documentation that demonstrates periodic evaluations are\nbeing performed in accordance with § 192.937(b). The documented evaluations must, at\na minimum, confirm the adequacy of Praxair’s pipeline data, verify the appropriate\nreassessment interval(s), and determine if changes to assessment methods are required.\n2. Maintain documentation of the safety improvement costs associated with fulfilling this\nCompliance Order and report the total cost as follows: (a) total cost associated with\npreparation and revision of plans and procedures, and performance of studies and\nanalyses; and (b) total cost associated with physical changes, if any, to the pipeline\ninfrastructure, including replacements and additions.\n\n\n\n3\n3. Complete each of the above items and submit documentation of compliance within 30\ndays of receipt of this Final Order. Documentation shall be submitted to the Director,\nSouthwest Region, Office of Pipeline Safety, 8701 South Gessner, Suite 1110, Houston,\nTX 77074-2949.\nThe Director may grant an extension of time to comply with the required item upon a written\nrequest timely submitted by the Respondent demonstrating good cause for an extension.\nFailure to comply with this Order may result in administrative assessment of civil penalties not\nto exceed $100,000 for each violation for each day the violation continues or in referral to the\nAttorney 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 C.F.R. § 192.905, but did\nnot propose a civil penalty or compliance order for this item. Therefore, this is considered to be a\nwarning item. The warning is for:\n49 C.F.R. § 192.905(b) – Respondent’s alleged failure to obtain information from public\nofficials as required when it conducted a 2004 search for identified sites.\nBased on a review of the record, it appears that Respondent eventually contacted public officials\nin 2006, as required, and found no additional identified sites. Having considered such\ninformation, I find, pursuant to 49 C.F.R. § 190.205, that probable violations of 49 C.F.R.\n§ 195.905(b) occurred and Respondent is hereby advised that in the event OPS finds a violation\nof this item in a subsequent inspection, Respondent may be subject to future enforcement action.\nUnder 49 C.F.R. § 190.215, Respondent has a right to petition the Associate Administrator for\nreconsideration of this Final Order. A petition must be sent to the Associate Administrator,\nOffice of Pipeline Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor,\nWashington, DC 20590, and a copy sent to the Chief Counsel, PHMSA, at the same address.\nPHMSA is willing to accept petitions received no later than 20 days after receipt of service of the\nFinal Order by the Respondent, provided such petitions contain a brief statement of the issue(s)\nand meet all other requirements of 49 C.F.R. § 190.215. The terms of the Final Order, including\nany required corrective action, shall remain in effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective upon service in\naccordance with 49 C.F.R. § 190.5.\n___________________________________ __________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":11245}