UCAR PIPELINE INCORPORATED — Notice of Probable Violation

party submissionOfficial PDF42023009NOPV_Operator Response to Notice_01262023_(22-232746).pdf#

case documentOfficial PDF42023009NOPV_PCO_01132023_(22-232746).pdf#

case documentOfficial PDF42023009NOPV_PCO_01132023_(22-232746)_text.pdf#

42023009NOPV_Final Order_03222023_(22-232746)_text.pdf, page 1Official PDFMarch 22, 2023 VIA ELECTRONIC MAIL TO: neelamshah@dow.com Ms. Neelam Shah President UCAR Pipeline Incorporated 1000 County Road 340 Angleton, TX 77515 Re: CPF No. 4-2023-009-NOPV Dear Ms. Shah: Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Southwest Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Mr. Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA Mr. Cory Mattison, Senior Environmental Regulatory Specialist, The Dow Chemical Company, clmattison@dow.com CONFIRMATION OF RECEIPT REQUESTED#

42023009NOPV_Final Order_03222023_(22-232746)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 __________________________________________ In the Matter of ) UCAR Pipeline Incorporated, ) CPF No. 4-2023-009-NOPV a subsidiary of The Dow Chemical Company, ) ) ) ) Respondent. ) __________________________________________) FINAL ORDER On January 13, 2023, pursuant to 49 C.F.R. § 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to UCAR Pipeline Incorporated (Respondent). The Notice proposed finding that Respondent had violated a pipeline safety regulation in 49 C.F.R. Part 192. The Notice also proposed certain measures to correct the violation. Respondent did not contest the allegation of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulation listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 192.616(c) (Item 1) ─ Respondent failed to conduct a program effectiveness evaluation every four years as required by Section 8.4 of API RP 1162 and its procedures. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violation. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of the ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States.#

42023009NOPV_Final Order_03222023_(22-232746)_text.pdf, page 3The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. March 22, 2023 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#

42023009NOPV_Closure Letter_05042023_(22-232746)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL May 4, 2023 Mr. Otto Parets Executive/President UCAR Pipeline Incorporated 1000 County Road 340 Angleton TX 77515 CPF 4-2023-009-NOPV Dear Mr. Parets: From March 21 through November 22, 2022, a representative of the Office of Pipeline Safety (OPS), Southwest Region, pursuant to Chapter 601 of 49 United States Code, conducted a pipeline safety inspection of UCAR Pipeline Inc.’s (UCAR) gaseous ethylene system in Texas and Louisiana via video teleconference. As a result of the inspection, UCAR was issued a Notice of Probable Violation (NOPV) of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations in the above-referenced case. This NOPV included a Compliance Order. Based on PHMSA’s review of the documentation UCAR provided, it has been determined that UCAR has complied with the terms of this Compliance Order. Accordingly, this case is now closed, and no further action is contemplated with respect to the matters involved in this case. Thank you for your cooperation in this matter. Sincerely, Bryan Lethcoe Director, Southwest Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration#