{"operation":"document","citation":"CPF 42023004NOA","title":"LINDE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-01-25","effective_on":null,"summary":"CLOSED notice of amendment citing 192.481(a), 192.481(b), 192.481(c), 192.481(d), 192.605(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023004noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023004noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023004noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023004NOA","body":"Notice of Amendment involving LINDE. PHMSA's enforcement data identifies the cited regulations as 192.481(a),  192.481(b),  192.481(c),  192.481(d),  192.605(b)(2). The case was opened on 2023-01-25 and is reported as closed as of 2023-03-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023004NOA_Closure Letter_03092023_(23-237261).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023004NOA/42023004NOA_Closure%20Letter_03092023_(23-237261).pdf\n\n42023004NOA_Closure Letter_03092023_(23-237261)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023004NOA/42023004NOA_Closure%20Letter_03092023_(23-237261)_text.pdf\n\n42023004NOA_Notice of Amendment_01252023_(22-237261).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023004NOA/42023004NOA_Notice%20of%20Amendment_01252023_(22-237261).pdf\n\n42023004NOA_Notice of Amendment_01252023_(22-237261)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023004NOA/42023004NOA_Notice%20of%20Amendment_01252023_(22-237261)_text.pdf\n\n42023004NOA_Operator Response to Notice_02232023_(22-237261).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023004NOA/42023004NOA_Operator%20Response%20to%20Notice_02232023_(22-237261).pdf\n\n42023004NOA_Closure Letter_03092023_(23-237261)_text.pdf\n\nVIA ELECTRONIC MAIL\nMarch 9, 2023\nTodd Dunn\nVice President Operations – HYCO\nLinde, Inc.\n1585 Saw Dust Road Suite 300\nThe Woodlands, TX 77300\nCPF 4-2023-004-NOA\nDear Mr. Dunn:\nFrom March 30 to September 6, 2022, representatives 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.), inspected Linde, Inc.’s (Linde) written operations and maintenance\nprocedures in LaPorte, Texas. As a result of the inspection, PHMSA issued a Notice of\nAmendment (Notice) to Linde on January 25, 2023. The Notice identified one (1) apparent\ninadequacy found within three (3) different Linde procedures.\nOn February 23, 2023, Linde responded to the Notice. Linde did not contest the violation and\nprovided attachments of the amended procedures in its response on February 23, 2023. My staff\nreviewed the amended procedures, and it appears that the inadequacies outlined in this Notice have\nbeen corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Sean Bingham, Pipeline Regulatory Specialist, Linde, Inc., sean.bingham@linde.com\nJohn Maitino, National Pipeline Compliance Mgr., Linde, Inc., john.maitino@linde.com\n\n42023004NOA_Notice of Amendment_01252023_(22-237261)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL\nJanuary 25, 2023\nTodd Dunn\nVice President Operations – HYCO\nLinde, Inc.\n1585 Saw Dust Road\nSuite 300\nThe Woodlands, TX 77300\nCPF 4-2023-004-NOA\nDear Mr. Dunn:\nFrom March 30 to September 6, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected Linde, Inc.’s (Linde) written operations and maintenance procedures.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within Linde’s\nplans and procedures, as described below:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(b) Maintenance and normal operations. The manual required\nby paragraph (a) of this section must include procedures for the\nfollowing, if applicable, to provide safety during maintenance and\noperations.\n(1) . . . .\n(2) Controlling corrosion in accordance with the operations and\nmaintenance requirements of subpart I of this part.\n§ 192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect and evaluate each pipeline or\nportion of the pipeline that is exposed to the atmosphere for evidence\nof atmospheric corrosion, as follows:\n\n\n\nPipeline type: (1) Onshore other than a Service\nLine\n(2) Onshore Service Line (3) Offshore Then the frequency of inspection is:\nAt least once every 3 calendar years, but\nwith intervals not exceeding 39 months.\nAt least once every 5 calendar years, but\nwith intervals not exceeding 63 months,\nexcept as provided in paragraph (d) of\nthis section.\nAt least once each calendar year, but\nwith intervals not exceeding 15 months.\n(b) During inspections the operator must give particular attention\nto pipe at soil-to-air interfaces, under thermal insulation, under\ndisbonded coatings, at pipe supports, in splash zones, at deck\npenetrations, and in spans over water.\n(c) If atmospheric corrosion is found during an inspection, the\noperator must provide protection against the corrosion as required\nby § 192.479.\n(d) If atmospheric corrosion is found on a service line during the\nmost recent inspection, then the next inspection of that pipeline or\nportion of pipeline must be within 3 calendar years, but with intervals\nnot exceeding 39 months.\nLinde’s written procedures for controlling corrosion were inadequate to assure safe operation of a\npipeline facility in accordance with § 192.402(b)(2). Specifically, Linde’s written procedures for\ncontrolling corrosion failed to use a uniform evaluation system for identifying the extent of\ncorrosion in accordance with § 192.481(a)-(d).\nAs listed below, Linde uses three different evaluation systems throughout its procedures to identify\nthe extent of corrosion. Linde must use a uniform corrosion evaluation system throughout its\nwritten procedures to ensure consistent evaluation and proper remediation.\n1. Linde’s O&M Procedure “SMP-188: Pipeline Aboveground Piping Inspection,”\n(effective January 31, 2015) section 3.3 discusses the types of coating failures and\nnotes that “[t]he area affected by corrosion or coating failure should be considered\nin the decision to repair or replace the coating system. As a rule of thumb, when\n20 percent or more of the surface area of the aboveground structure is corroded or\nhas damaged coating, the coating should be replaced. If the coating is peeling\nexcessively or is brittle and cracking, it should be replaced.”\n2. Linde Americas Practices standard, “SMP-320: Underground Plant Piping and\nPipeline Corrosion Control Program Attachment 1: CP Survey” section 2.0 notes\nthat the “[e]valuation of pipe riser interface coating: During the annual cathodic\nprotection survey the air-to-soil interface coating of all pipe risers shall be inspected\nto ensure proper coating exists and is in acceptable condition to mitigate corrosion\nfor this environment. Describe the size of the riser and the coating condition per the\nfollowing code: (1) coating is non-existent; (2) coating is present but requires\nmaintenance; or (3) coating is satisfactory, no further action necessary.”\n\n\n\n3. During the inspection, PHMSA reviewed Linde’s forms for the inspection of\naboveground pipe for atmospheric corrosion, “Pipeline Aboveground Piping\nInspection and the Quarterly Pipeline ROW Patrol Log.” These forms include\nreferences to the evaluation of exposed piping. Specifically, the Quarterly\nPipeline ROW Patrol Logs state that “Paint Levels should be noted as: (1)\nSatisfactory; (2) Light Maintenance and (3) Requires Attention.”\nTherefore, Linde’s written procedures for controlling corrosion were inadequate to assure safe\noperation of a pipeline facility in accordance with § 192.402(b)(2). Linde must revise its\nprocedures to address the requirements in § 192.481.\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. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. § 552(b), along with the complete original document, you must provide\na second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 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 30 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, Inc. maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Bryan Lethcoe, Regional Director, Southwest, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer\nto CPF 4-2023-004-NOA and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\n\n\n\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: John Maitino, National Pipeline Compliance Mgr., Linde, Inc., john.maitino@linde.com","truncated":false,"body_characters":10161}