{"operation":"document","citation":"CPF 420091018","title":"WEST TEXAS GAS INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-07-06","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.179(b)(1), 192.467(a), 192.479(a), 192.481(a), 192.705, 192.749(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420091018","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420091018","body":"Notice of Probable Violation involving WEST TEXAS GAS INC. PHMSA's enforcement data identifies the cited regulations as 192.179(b)(1),  192.467(a),  192.479(a),  192.481(a),  192.705,  192.749(d). The case was opened on 2009-07-06 and is reported as closed as of 2010-05-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420091018_FinalOrder_05132010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091018/420091018_FinalOrder_05132010.pdf\n\n420091018_FinalOrder_05132010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091018/420091018_FinalOrder_05132010_text.pdf\n\n420091018_NOPV PCO_07062009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091018/420091018_NOPV%20PCO_07062009.pdf\n\n420091018_NOPV PCO_07062009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091018/420091018_NOPV%20PCO_07062009_text.pdf\n\n420091018_Operator Response_08072009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420091018/420091018_Operator%20Response_08072009.pdf\n\n420091018_FinalOrder_05132010_text.pdf\n\nMAY 13 2010\nMr. Richard D. Hatchett\nVice President\nWest Texas Gas, Inc.\n211 N. Colorado\nMidland, TX 79701\nRe: CPF No. 4-2009-1018\nDear Mr. Hatchett:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that West Texas Gas, Inc., has completed the actions specified in the Notice\nto comply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.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. Bart Bean\nOperations Manager\nWest Texas Gas, Inc.\n7517 Canyon Dr.\nAmarillo, TX 79110\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED [ 7009 1410 0000 2472 2445 ]\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 )\nWest Texas Gas, Inc., ) CPF No. 4-2009-1018\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn August 11-14, 2008, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of West Texas Gas,\nInc. (West Texas or Respondent), in Dalhart, Texas. The inspection covered a 78-mile interstate\ngas transmission pipeline stretching from Moore County, Texas, to Clayton, New Mexico.\nRespondent operates approximately 900 miles of gas transmission pipeline in Texas and New\nMexico. The company also operates approximately 5,000 miles of distribution pipeline in Texas\nand Oklahoma.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated July 6, 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 committed certain violations of 49 C.F.R. Part 192. The Notice also\nproposed certain corrective actions to be taken by the company to comply with the cited pipeline\nsafety regulations.\nWest Texas responded to the Notice by letter dated August 7, 2009 (Response). Respondent did\nnot contest the allegations of violation and provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDINGS OF VIOLATION\nIn its Response, West Texas did not contest the allegations in the Notice that it violated 49\nC.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.179(b)(1), which states:\n\n\n\n2\n§ 192.179 Transmission line valves.\n(a) . . . .\n(b) Each sectionalizing block valve on a transmission line, other than\noffshore segments, must comply with the following:\n(1) The valve and the operating device to open or close the valve must\nbe readily accessible and protected from tampering and damage . . . .\nThe Notice alleged that Respondent violated § 192.179(b)(1) by failing to protect a number of\nmainline block valve sites on the transmission line from tampering and damage. In particular,\nthe Violation Report indicated that there were no external barriers to protect the block valve sites\nupon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 192.179(b)(1)\nby failing to protect its mainline block valve sites from tampering and damage.\nfrom tampering and damage.1 West Texas did not contest this violation. Accordingly, based\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.479(a), which states:\n§ 192.479 Atmospheric corrosion control: General.\n(a) Each operator must clean and coat each pipeline or portion of\npipeline that is exposed to the atmosphere, except pipelines under\nparagraph (c) of this section . . . .\nThe Notice alleged that West Texas violated § 192.479(a) by failing to clean and coat each\nportion of pipeline that is exposed to the atmosphere. Specifically, some regulators, meter\nstations, and mainline block valves showed signs of active corrosion under pipe resting on\nsupports. Respondent did not contest this violation. Accordingly, based upon a review of all of\nthe evidence, I find that West Texas violated 49 C.F.R. § 192.479(a) by failing to clean and coat\neach portion of pipeline that is exposed to the atmosphere.\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.749(d), which states:\n§ 192.749 Vault maintenance.\n(a) . . . .\n(d) Each vault cover must be inspected to assure that it does not\npresent a hazard to public safety.\nThe Notice alleged that West Texas violated § 192.749(d) by failing to inspect each vault cover\nto assure that it does not present a hazard to public safety. The Violation Report indicated that at\nleast one mainline valve vault box cover (“Kitchens Valve Box”) had no locking device to\nprevent unauthorized access to the vault, and that failing to provide a lock on the vault presented\na hazard to public safety. Respondent did not contest this violation. Accordingly, based upon a\nreview of all of the evidence, I find that West Texas violated 49 C.F.R. § 192.749(d) by failing to\ninspect each vault cover to assure that it does not present a hazard to public safety.\n1 OPS Pipeline Safety Violation Report dated July 6, 2009 (Violation Report).\n\n\n\n3\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 192.467(a), which states:\n§ 192.467 External corrosion control: Electrical isolation.\n(a) Each buried or submerged pipeline must be electrically isolated\nfrom other underground metallic structures, unless the pipeline and the\nother structures are electrically interconnected and cathodically protected\nas a single unit.\nThe Notice alleged that West Texas violated § 192.467(a) by failing to ensure that each buried\npipeline was electrically isolated from other underground metallic structures. Specifically, the\nViolation Report indicated that West Texas was not monitoring certain cased road crossings for\nelectrical activity. The Violation Report also stated that West Texas could not provide any\ndocumentation to show that electrical isolation for the cased road crossings had ever been\nmonitored. Respondent did not contest this allegation. Accordingly, based upon a review of all\nof the evidence, I find that West Texas violated 49 C.F.R. § 192.467(a) by failing to electrically\nisolate each buried portion of pipeline from other underground metallic structures.\nItem 5: The Notice alleged that Respondent violated 49 C.F.R. § 192.481(a), which states:\n§ 192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline\nthat is exposed to the atmosphere for evidence of atmospheric corrosion,\nas follows:\nIf the pipeline is\nlocated: Then the frequency of inspection is:\nOnshore . . . . . . .\nAt least once every 3 calendar years, but with\nintervals not exceeding 39 months\nOffshore . . . . . . .\nAt least once each calendar year, but with intervals\nnot exceeding 15 months . . . .\nThe Notice alleged that West Texas violated § 192.481(a) by failing to inspect its aboveground\nonshore pipeline for atmospheric corrosion at least once every three calendar years. The\nViolation Report stated that certain meter and regulator stations, tap valves, and mainline valve\nassemblies had visible signs of atmospheric corrosion. Further, West Texas could not provide\ndocumentation to show that atmospheric corrosion inspections had been conducted in accordance\nwith the regulation. Respondent did not contest this allegation. Accordingly, based upon a\nreview of all of the evidence, I find that West Texas violated 49 C.F.R. § 192.481(a) by failing to\ninspect each section of pipeline exposed to the atmosphere for evidence of atmospheric corrosion\nat least once every three years.\nItem 6: The Notice alleged that Respondent violated 49 C.F.R. § 192.705, which states:\n§ 192.705 Transmission lines: Patrolling.\n(a) Each operator shall have a patrol program to observe surface\nconditions on and adjacent to the transmission line right-of-way for\n\n\n\n4\nindications of leaks, construction activity, and other factors affecting\nsafety and operation.\n(b) The frequency of patrols is determined by the size of the line, the\noperating pressures, the class location, terrain, weather, and other relevant\nfactors, but intervals between patrols may not be longer than prescribed in\nthe following table:\nMaximum interval between patrols\nClass loca-\ntion of line\nAt highway and rail-\nroad crossings At all other places\n1, 2 . . . . . . .\n7 ½ months; but at least\ntwice each calendar year.\n15 months; but at least once\neach calendar year.\n3 . . . . . . . . .\n4 ½ months; but at least\nfour times each calendar\nyear.\n7 ½ months; but at least\ntwice each calendar year.\n4 . . . . . . . . .\n4 ½ months; but at least\nfour times each calendar\nyear.\n4 ½ months; but at least four\ntimes each calendar year.\n(c) Methods of patrolling include walking, driving, flying or other\nappropriate means of traversing the right-of-way.\nThe Notice alleged that West Texas violated § 192.705 by failing to conduct patrols of certain\nlocations at intervals not exceeding 7½ months, but at least twice each calendar year. The\nViolation Report indicated that West Texas did perform an annual patrol on foot and by vehicle\nusing gas detection equipment, but the company could not produce documentation that the patrol\nwas conducted twice a year, at intervals not exceeding 7½ months at certain locations, as\nspecified by the regulation. Respondent did not contest this allegation. Accordingly, based upon\na review of all of the evidence, I find that West Texas violated 49 C.F.R. § 192.705 by failing to\nprovide documentation demonstrating that it had performed patrols at the requisite intervals\nrequired by the regulations to observe conditions near the transmission line right-of-way.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to each of the violations. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of natural gas or who owns or\noperates a pipeline facility is required to comply with the applicable safety standards established\nunder chapter 601. The Director has indicated that Respondent has taken the following actions\nspecified in the proposed compliance order:\nWith respect to the violation of § 192.179(b)(1) (Item 1), West Texas has added locks and\nfencing where needed to protect each transmission line valve from tampering and damage. In its\n\n\n\n5\nResponse, West Texas provided a list of the improvements made to each valve location and\nphotographs showing those improvements.\nWith respect to the violation of § 192.479(a) (Item 2), West Texas has taken corrective action to\nmitigate atmospheric corrosion at the cited areas. Specifically, pipelines in these areas have been\ncleaned, recoated, and insulation material has been added between the pipe and the support.\nWest Texas provided photographs of the corrections in its Response.\nWith respect to the violation of § 192.749(d) (Item 3), West Texas has installed a locking device\nat the “Kitchens Valve Box” to prevent unauthorized access to the area. West Texas included a\nphotograph of this improvement in its Response.\nWith respect to the violation of § 192.467(a) (Item 4), West Texas has excavated cased road\ncrossings at the required sites and installed test leads to monitor electrical isolation of the buried\npipe. Photographs were included in the Response, and records of this monitoring were made\navailable.\nWith respect to the violation of § 192.481(a) (Item 5), West Texas has completed atmospheric\ncorrosion inspections on the entire pipeline and the cited problem areas have been addressed.\nRespondent submitted an atmospheric corrosion survey record and the costs associated with the\nremediation measures.\nWith respect to the violation of § 192.705 (Item 6), West Texas now patrols the pipeline as\nrequired and is maintaining requisite documentation. Respondent submitted documentation of its\npatrols.\nAccordingly, I find that these actions comply with the requirements of the Proposed Compliance\nOrder and therefore are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\n___________________________________ __________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":13902}