{"operation":"document","citation":"CPF 42021054NOA","title":"LINDE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-10-04","effective_on":null,"summary":"CLOSED notice of amendment citing 192.187, 192.515(a), 192.605(a), 192.605(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021054noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021054noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021054noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021054NOA","body":"Notice of Amendment involving LINDE. PHMSA's enforcement data identifies the cited regulations as 192.187,  192.515(a),  192.605(a),  192.605(b)(2). The case was opened on 2021-10-04 and is reported as closed as of 2022-02-23. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021054NOA_Closure Letter_02232022_(21-201519).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021054NOA/42021054NOA_Closure%20Letter_02232022_(21-201519).pdf\n\n42021054NOA_Closure Letter_02232022_(21-201519)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021054NOA/42021054NOA_Closure%20Letter_02232022_(21-201519)_text.pdf\n\n42021054NOA_Notice of Amendment_10042021_(21-201519).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021054NOA/42021054NOA_Notice%20of%20Amendment_10042021_(21-201519).pdf\n\n42021054NOA_Notice of Amendment_10042021_(21-201519)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021054NOA/42021054NOA_Notice%20of%20Amendment_10042021_(21-201519)_text.pdf\n\n42021054NOA_Operator Response to Notice_11012021_(21-201519).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021054NOA/42021054NOA_Operator%20Response%20to%20Notice_11012021_(21-201519).pdf\n\n42021054NOA_Notice of Amendment_10042021_(21-201519)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nOctober 4, 2021\nSteve Angel\nChief Executive Officer\nLinde, PLC\n10 Riverview Drive\nDanbury, Connecticut 06810\nCPF 4-2021-054-NOA\nDear Mr. Angel:\nFrom March 22, 2021 through April 6, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Linde, PLC’s (Linde) written procedures for the operation and maintenance of\nits hydrogen pipelines operating in the Gulf Coast Area; Ontario, California; Geismar, Louisiana;\nEcorse, Michighan; Whiting, Indiana; and Niagara Falls, New York via video teleconference.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within Linde’s\nplans or procedures, as described below:\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. For transmission lines, the manual must also include procedures\nfor handling abnormal operations. This manual must be reviewed and updated by the\noperator at intervals not exceeding 15 months, but at least once each calendar year.\nThis manual must be prepared before operations of a pipeline system commence.\nAppropriate parts of the manual must be kept at locations where operations and\nmaintenance activities are conducted.\n\n\n\n§ 192.187 - Vaults: Sealing, venting, and ventilation.\nEach underground vault or closed top pit containing either a pressure regulating or\nreducing station, or a pressure limiting or relieving station, must be sealed, vented or\nventilated, as follows:\n(a) When the internal volume exceeds 200 cubic feet (5.7 cubic meters):\n(1) The vault or pit must be ventilated with two ducts, each having at least the\nventilating effect of a pipe 4 inches (102 millimeters) in diameter\n(2) The ventilation must be enough to minimize the formation of combustible\natmosphere in the vault or pit; and,\n(3) The ducts must be high enough above grade to disperse any gas-air\nmixtures that might be discharged.\n(b) When the internal volume is more than 75 cubic feet (2.1 cubic meters) but less\nthan 200 cubic feet (5.7 cubic meters):\n(1) If the vault or pit is sealed, each opening must have a tight fitting cover\nwithout open holes through which an explosive mixture might be ignited, and\nthere must be a means for testing the internal atmosphere before removing the\ncover;\n(2) If the vault or pit is vented, there must be a means of preventing external\nsources of ignition from reaching the vault atmosphere; or\n(3) If the vault or pit is ventilated, paragraph (a) or (c) of this section applies.\n(c) If a vault or pit covered by paragraph (b) of this section is ventilated by openings\nin the covers or gratings and the ratio of the internal volume, in cubic feet, to the\neffective ventilating area of the cover or grating, in square feet, is less than 20 to 1, no\nadditional ventilation is required.\nLinde’s written operations and maintenance procedure is inadequate because it does not\nsufficiently address the conditions of each underground vault or closed top pit containing either\na pressure regulating or reducing station or a pressure limiting or relieving station, which must\nbe sealed, vented, or ventilated as required per § 192.187. Specifically, Linde’s Operations and\nMaintenance Manual, Regulated Hydrogen Gas Pipeline, OM-2287, 26.2 Vaults (Revised:\nFebruary 12, 2021) does not state the required criteria for ventilation, formation of combustible\natmosphere, or gas dispersion in vaults with an internal volume that exceeds 200 cubic feet.\nAdditionally, Linde’s operations and maintenance procedure fails to address vaults with an\ninternal volume of less than 200 cubic feet but greater than or equal to 75 cubic feet.\nFurthermore, Linde’s procedure fails to address the criteria for ventilated openings in covers or\ngratings.\nLinde must amend its written operations and maintenance procedures to address the required\ncriteria for ventilation, formation of combustible atmosphere, and gas dispersion for vaults with\nan internal volume of 200 cubic feet, less than 200 cubic feet but greater than 75 cubic feet, and\nthe required criteria for ventilated opening in covers or gratings as required by § 192.187.\n2\n\n\n\n2. § 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. For transmission lines, the manual must also include procedures\nfor handling abnormal operations. This manual must be reviewed and updated by the\noperator at intervals not exceeding 15 months, but at least once each calendar year.\nThis manual must be prepared before operations of a pipeline system commence.\nAppropriate parts of the manual must be kept at locations where operations and\nmaintenance activities are conducted.\n§ 192.515 - Environmental protection and safety requirements.\n(a) In conducting tests under this subpart, each operator shall insure that every\nreasonable precaution is taken to protect its employees and the general public during\nthe testing. Whenever the hoop stress of the segment of the pipeline being tested will\nexceed 50 percent of SMYS, the operator shall take all practicable steps to keep\npersons not working on the testing operation outside of the testing area until the\npressure is reduced to or below the proposed maximum allowable operating pressure.\nLinde’s operations and maintenace procedures are inadequate because they do not address the\nprotection of its employees and the general public during actual pressure testing as required by\n§ 192.515. Specifically, Linde’s T-6, Hydrostatic Testing of Pipelines (Effective Date:\n10/30/2018) does not include the requirements of safe distances, communication to the public,\nor precautions for conditions where the hoop stress of a segment being tested will be equal to or\ngreater than 50 percent SMYS, and a requirement to maintain a clear test area. Additionally,\nLinde’s Operations and Maintenance Manual, Regulated Hydrogen Gas Pipeline, OM-2287, 13\nPressure Testing (Revised: February 12, 2021) does not discuss employee or public safety.\nHowever, Linde's T-1, Procedure for Pneumatic Testing in Lieu of Hydrostatic Test (Effective\nDate: 02/20/2018) sufficiently references safety protocols. Subsequently, Linde provided Policy\nW.SES-2.02.15: Pressure and Leak Testing of Piping and Equipment (Effective: 12/2/2014) that\ndoes not provide a safe setback distance for test liquids from a hydostatic test and is not\nmentioned in Linde’s T-1 or T-6 procedures.\nLinde must amend its written operations and maintenance procedures to ensure that every\nreasonable precaution is taken to protect its employees and the general public during pressure\ntesting, including whenever the hoop stress of the segment of pipeline being tested will exceed\n50 percent of SMYS, Linde will take all practicable steps to keep persons not working on the\ntesting operation outside of the testing area until the pressure is reduced to or below the proposed\nallowable operating pressure in accordance with § 192.515.\n3\n\n\n\n3. § 192.605 - Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide safety\nduring maintenance and operations.\n(1) …\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of subpart I of this part.\nLinde’s operation and maintenance procedure is inadequate because it does not address low-\npurity gas with potential corrosive compounds. Specifically, Linde’s Operations and\nMaintenance Manual, Regulated Hydrogen Gas Pipeline, OM-2287, 32.3 Inspection of Exposed\nInternal Pipe Surfaces (Revised: February 12, 2021) states:\nLinde hydrogen pipelines transport very high-purity dry hydrogen\ngas, which does not contain significant amounts of corrosive\ncompounds. Internal corrosion is not anticipated, nor has evidence\nof internal corrosion ever been found. As a result, Linde pipelines\ndo not require coupons for monitoring internal corrosion nor other\nfeatures incorporated into its design and construction to reduce the\nrisk of internal corrosion such as liquid collection reduction\nconfigurations, liquid removal features, or devices for monitoring\ninternal corrosion. Only the Geismar Syn-Gas hydrogen/carbon\nmonoxide pipeline requires periodic internal inspection based on the\nlower purity of hydrogen/carbon monoxide syn-gas.\nDuring the inspection, Linde stated that it does not take various measures to monitor internal\ncorrosion due to its high-purity gas. However, Linde’s Operations and Maintenance Manual,\nRegulated Hydrogen Gas Pipeline notes that its Geismar Syn-Gas facility requires periodic\ninternal inspection based on the existence of low-purity gas. Therefore, with the existence of\nlow-purity gas, a procedure is required to address potential internal corrosion threats from low-\npurity gas.\nLinde must amend its written operations and maintenance procedures to include a specific\nprocedure for the periodic internal inspection for corrosion control of potentially corrosive\ncompounds entrained within low-purity gas as required by § 192.605.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled, Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable.\nIf you believe that any portion of your responsive material qualifies for confidential treatment\n4\n\n\n\nunder 5 U.S.C. 552(b), along with the complete original document, you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted and\nan explanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 90 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Linde, PLC maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Mary L. McDanie, P.E., Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2021-054-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.,\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: John Maitino – Compliance Manager, John.Maitino@Linde.com\n5\n\n42021054NOA_Closure Letter_02232022_(21-201519)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nFebruary 23, 2022\nSteve Angel\nChief Executive Officer\nLinde, PLC\n10 Riverview Drive\nDanbury, Connecticut 06810\nCPF 4-2021-054-NOA\nDear Mr. Angel:\nFrom March 22, 2021 through April 6, 2021, a representative from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code,\ninspected Linde, PLC’s (Linde) written procedures for the operation and maintenance of its\nhydrogen pipelines operating in the Gulf Coast Area; Ontario, California; Geismar, Louisiana;\nEcorse, Michigan; Whiting, Indiana; and Niagara Falls, New York. As a result of the inspection,\nLinde was issued a Notice of Amendment on October 4, 2021, which proposed amendment of your\nprocedures.\nLinde submitted its response and revised procedures on November 1, 2021, and December 23,\n2021. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in\nthe Notice have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: John Maitino – Compliance Manager, John.Maitino@Linde.com","truncated":false,"body_characters":14756}