{"operation":"document","citation":"CPF 42023036WL","title":"AIR PRODUCTS & CHEMICALS INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-22","effective_on":null,"summary":"CLOSED warning letter citing 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023036wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023036wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023036wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023036WL","body":"Warning Letter involving AIR PRODUCTS & CHEMICALS INC. PHMSA's enforcement data identifies the cited regulation as 192.605(a). The case was opened on 2023-02-22 and is reported as closed as of 2023-02-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023036WL_Warning Letter_02222023_(22-232750).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023036WL/42023036WL_Warning%20Letter_02222023_(22-232750).pdf\n\n42023036WL_Warning Letter_02222023_(22-232750)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023036WL/42023036WL_Warning%20Letter_02222023_(22-232750)_text.pdf\n\n42023036WL_Warning Letter_02222023_(22-232750)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL\nFebruary 22, 2023\nFrancesco Mainoe\nPresident, Americas\nAir Products & Chemicals Inc.\n1940 Air Products Blvd\nAllentown, Pennsylvania 18106\nCPF 4-2023-036-WL\nDear Mr. Mainoe:\nFrom August 1 through October 20, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected Air Products & Chemicals Inc. (Air Products), Texas and Louisiana area facilities.\nAs a result of the inspection, it is alleged that Air Products committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for\neach pipeline, a manual of written procedures for conducting\noperations and maintenance activities and for emergency response. For\ntransmission lines, the manual must also include procedures for\nhandling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at\nleast once each calendar year. This manual must be prepared before\noperations of a pipeline system commence. Appropriate parts of the\nmanual must be kept at locations where operations and maintenance\nactivities are conducted.\n\n\n\nAir Products failed to follow its manual of written procedures for controlling corrosion in\naccordance with § 192.605(a). Specifically, Air Products failed to conduct annual cathodic\nprotection readings in accordance with its procedures (Pipeline Corrosion Control 34-0028,\nSection 5.2.3.2) at the following locations:1\nLine Segment 1099:\n1. West of Humble Road in Pasture Near Canal: TS-1099-0020: Missing 2021\ncathodic protection reading.\n2. West of Hollman Circle TS-1099-0065: Missing 2021 cathodic protection\nreading.\n3. In Swamp Access from Pine Bluff Road: Missing 2019 cathodic protection\nreading.\n4. South of Gray Road in Pasture: Missing 2020 and 2021 cathodic protection\nreadings.\n5. Field Road TS-1099-0214: Missing 2020 cathodic protection reading.\nTherefore, Air Products failed to follow its manual of written procedures for controlling corrosion\nin accordance with §192.605(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,412 for a related\nseries of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022,\nthe maximum penalty may not exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violations occurring on or after\nJanuary 11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violations occurring on or after July 31, 2019, and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violations occurring on or after\nNovember 27, 2018, and before July 31, 2019, the maximum penalty may not exceed $213,268\nper violation per day, with a maximum penalty not to exceed $2,132,679. For violations occurring\non or after November 2, 2015, and before November 27, 2018, the maximum penalty may not\nexceed $209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so may result in Air\nProducts being subject to additional enforcement action.\n1 After conducting a self-evaluation, Air Products began to implement changes in 2021 to address shortcomings in\nits cathodic protection program. As part of its changes, Air Products created new internal roles to implement and\noversee its cathodic protection program and purchased new software to better manage cathodic protection surveys\nand maintenance.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2023-036-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. § 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: JW Riley, Pipeline Compliance Manager, rileyjw@airproducts.com","truncated":false,"body_characters":5862}