{"operation":"document","citation":"CPF 42024045NOPV","title":"AIR PRODUCTS & CHEMICALS INC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-10-21","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.491(c), 192.616(a), 192.616(c), 192.907(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024045nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024045nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024045nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024045NOPV","body":"Notice of Probable Violation involving AIR PRODUCTS & CHEMICALS INC. PHMSA's enforcement data identifies the cited regulations as 192.491(c),  192.616(a),  192.616(c),  192.907(a). The case was opened on 2024-10-21 and is reported as closed as of 2025-08-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024045NOPV_Final Order_08062025_(23-266145).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024045NOPV/42024045NOPV_Final%20Order_08062025_(23-266145).pdf\n\n42024045NOPV_Final Order_08062025_(23-266145)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024045NOPV/42024045NOPV_Final%20Order_08062025_(23-266145)_text.pdf\n\n42024045NOPV_Operator Response to Notice_11082024_(23-266145).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024045NOPV/42024045NOPV_Operator%20Response%20to%20Notice_11082024_(23-266145).pdf\n\n42024045NOPV_PCO_10212024_(23-266145).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024045NOPV/42024045NOPV_PCO_10212024_(23-266145).pdf\n\n42024045NOPV_PCO_10212024_(23-266145)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024045NOPV/42024045NOPV_PCO_10212024_(23-266145)_text.pdf\n\n42024045NOPV_Final Order_08062025_(23-266145)_text.pdf\n\nAugust 6, 2025\nVIA ELECTRONIC MAIL TO: maionef@airproducts.com\nMr. Francesco Maione\nPresident, Americas\nAir Products & Chemicals Inc.\n1940 Air Products Blvd\nAllentown, Pennsylvania 18106\nRe: CPF No. 4-2024-045-NOPV\nDear Mr. Maione:\nEnclosed please find the Final Order issued in the above-referenced case. It withdraws the\nallegation of violation in the Notice of Probable Violation issued on October 21, 2024.\nAccordingly, this case is now closed. Service of the Final Order by e-mail is effective upon the\ndate of transmission and acknowledgement of receipt as provided under 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nAssociate Administrator\nfor Pipeline Safety\ncc: Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety\nJ.W. Riley, Compliance Manager, North American Pipelines, Air Products,\nrileyjw@airproducts.com\nRon Wills, Director, North American Pipeline Operations, Air Products,\nwillsrm@airproducts.com\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 )\nAir Products & Chemicals Inc., ) CPF No. 4-2024-045-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nFrom June 20 through September 27, 2023, pursuant to 49 U.S.C. § 60117, a representative of\nthe Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Air\nProducts & Chemicals Inc.’s (Air Products or Respondent) hydrogen gas pipeline in Los Angeles\nCounty, California.\nAs a result of the inspection, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated October 21, 2024, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 CFR § 190.207, the Notice proposed finding\nthat Air Products had violated 49 CFR § 192.616(a) and proposed ordering Respondent to take\ncertain measures to correct the alleged violation. The Notice also included an additional two\nwarning items pursuant to 49 CFR § 190.205, which warned Respondent to correct the probable\nviolations or face possible future enforcement action.\nWITHDRAWAL OF ALLEGATION\nThe Notice alleged that Respondent violated 49 CFR Part 192, as follows:\nItem 2: The Notice alleged that Respondent violated 49 CFR § 192.616(a), which states:\n§ 192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system\ncovered under paragraph (j) of this section, each pipeline operator must\ndevelop and implement a written continuing public education program that\n\n\n\nfollows the guidance provided in the American Petroleum Institute’s (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\n(b) …\n(c) The operator must follow the general program recommendations,\nincluding baseline and supplemental requirements of API RP 1162, unless\nthe operator provides justification in its program or procedural manual as to\nwhy compliance with all or certain provisions of the recommended practice\nis not practicable and not necessary for safety.\nThe Notice alleged that Respondent violated 49 CFR § 192.616(a) by failing to implement a\nwritten continuing public education program in accordance with its procedures and API RP\n1162, section 2.6, step 12.1 Specifically, the Notice alleged that Air Products conducted an\neffectiveness evaluation of its public awareness program on April 25, 2022, that included a set of\nfindings and considerations for Air Products to contemplate implementing into its program.\nHowever, the Notice alleged Air Products failed to review the evaluation to determine if any of\nthe findings and considerations should be implemented into its public awareness program.\nIn its Response, Air Products stated it had performed a review of the April 2022 evaluation on\nJune 8, 2022, and that review included a discussion of whether to implement the findings and\nconsiderations listed in the report. Air Product’s Response also included an attachment that it\nasserted was evidence of the June 8, 2022 meeting. Air Products further asserted that since the\n2023 PHMSA inspection, it “has improved its process so that ‘Key Findings’ and\n‘Considerations’ will have documentation on if or if not, changes were needed and why” and\nincluded a Blank Assessment Form to demonstrate this new improvement.\nIn a recommendation for final action submitted pursuant to § 190.209(b)(7), the Director\nrecommended withdrawing the alleged violation of § 192.616(a).\nAccordingly, the allegation that Air Products violated 49 CFR § 192.616(a) is hereby withdrawn.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 2 in the Notice for violation of 49\nCFR § 192.616(a). Under 49 U.S.C. § 60118(a), each person who engages in the transportation\nof gas or who owns or operates a pipeline facility is required to comply with the applicable\nsafety standards established under chapter 601. As discussed above, Item 2 has been withdrawn.\nTherefore, the compliance terms proposed in the Notice for that Item are not included in this\nOrder.\nWARNING ITEMS\n1 See API RP 1162, First Edition, December 2003, Section 2.6, Step 12 (“Implement Continuous Improvement •\nDetermine program changes or modifications based on results of the evaluation to improve effectiveness. Program\nchanges may be areas such as audience, message type or content, delivery frequency, delivery method, supplemental\nactivities, or other program enhancements. • Document program changes. • Determine future funding and internal\nand external resource requirements resulting from program changes made. • Implement changes.”)\n\n\n\nWith respect to Items 1 and 3, the Notice alleged probable violations of Part 192, but identified\nthem as warning items pursuant to § 190.205. The warnings were for:\n49 CFR § 192.491(c) (Item 1) ─ Respondent’s alleged failure to maintain a\nrecord of each test, survey, or inspection required by Part 192, Subpart I in\nsufficient detail to demonstrate the adequacy of corrosion control measures or that\na corrosive condition does not exist; and\n49 CFR § 192.907(a) (Item 3) ─ Respondent’s alleged failure to follow its written\nintegrity management program by not completing a questionnaire to select an\nappropriate inline inspection tool.\nWith regard to Item 3, Air Products included in its Response the questionnaire at issue and stated\nthat it did not recall being asked to provide the questionnaire earlier. In a recommendation for\nfinal action submitted pursuant to § 190.209(b)(7), the Director recommended withdrawing Item\n3. Accordingly, Item 3 is withdrawn. If OPS finds a violation of Item 1 in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nUnder 49 CFR § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address. The written petition must be received no later than\n20 days after receipt of the Final Order by Respondent. Any petition submitted must contain a\nstatement of the issue(s) and meet all other requirements of 49 CFR § 190.243. The terms of the\norder, including corrective action, remain in effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective upon service in\naccordance with 49 CFR § 190.5.\n___________________________________ __________________________\nLinda Daugherty\nActing Associate Administrator Date Issued\nfor Pipeline Safety","truncated":false,"body_characters":9079}