{"operation":"document","citation":"CPF 520041023","title":"NORTHWEST PIPELINE LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-12-17","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.475(b), 192.706(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520041023.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520041023.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520041023","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520041023","body":"Notice of Probable Violation involving NORTHWEST PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 192.475(b),  192.706(b). The case was opened on 2004-12-17 and is reported as closed as of 2007-07-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520041023_final order_07102006.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520041023/520041023_final%20order_07102006.pdf\n\nCPF_NO_5-2004-1023.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520041023/CPF_NO_5-2004-1023.pdf\n\n520041023_final order_07102006.pdf\n\nU.S. Department 400 Seventh Street, S.W.\nof Transportation Washington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nJUL 1 0 ' -'\nMr. Randy Bernard\nVice President of Operations\nNorthwest Pipeline Corporation\nWilliams Gas Pipeline\n2800 Post Oak Blvd\nHouston, TX 77056-6100\nRe: CPF No. 5-2004- 1023\nDear Mr. Bernard:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in\nthe above-referenced case. It makes a finding of violation and specifies actions to be taken to\ncomply with the pipeline safety regulations. When the terms of the compliance order are\ncompleted, as determined by the Director, Western Region, this enforcement action will be\nclosed. Your receipt of this Final Order constitutes service under 49 C.F.R. 5 190.5.\nSincerely,\nJames Reynolds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL -RETURN RECEIPT REQUESTED\n\n\n\nDEPARTMENT OF TRANSPORTATION 1\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\n)\n)\n1\nNorthwest Pipeline Corporation1\nWilliams Gas Pipeline, )\nRespondent\n)\n)\n1 CPF NO. 5-21004-1023\nFINAL ORDER\nOn February 23-27, 2004, pursuant to 49 U.S.C. 8 601 17, a representalive of the Research and\nSpecial Programs Administration (RSPA), Office of Pipeline Safety, conducted an on-site\npipeline safety inspection of Respondent's facilities and records in the Eugene District, Oregon.'\nAs a result of the inspection, the Director, Western Region, issued to Respondent, by letter dated\nDecember 17, 2004, a Notice of Probable Violation and Proposed Conppliance Order (Notice).\nIn accordance with 49 C.F.R. 8 190.207, the Notice proposed finding Respondent committed a\nviolation of 49 C.F.R. Part 192 and proposed ordering Respondent to take certain measures to\ncorrect the alleged violation.\nBy letters dated February 8 and 23, 2005, Respondent submitted documentation and contested\nthe allegation of violation. Respondent requested a hearing by letter dated March 23, 2005. The\nhearing was held May 24, 2005 in Lakewood, Colorado. Respondent submitted a post-hearing\nletter dated June 7,2005.\nFINDING OF VIOLATION\nItem l a in the Notice alleged Respondent violated 49 C.F.R. $ 8 192.603(b) and 192.706(a) by\nfailing to keep adequate records to show leakage surveys had been performed at specified\nintervals. Sections 192.603(b) and 192.706(a) require Respondent to keep records necessary to\nadminister Respondent's procedures for conducting leakage surveys at ifitervals not to exceed 15\nmonths, but at least once each calendar year. However, 8 192.706(a) requires that leakage\nsurveys be conducted using instrumentation at intervals not to exceed 7% months, but at least\ntwice each calendar year for transmission lines in a Class 3 location which transport gas without\nan odorant.\n1The Norman Y. Mineta Research and Special Programs Improvement Act, Pub. L. No. 108-426,\n118 Stat. 2423 (2004), created the Pipeline and Hazardous Materials Safety Administration (PHMSA) and\ntransferred the authority of RSPA exercised under chapter 601, title 49, United States Code, to the\nAdministrator of PHMSA. See also 70 Fed. Reg. 8299, 830 1-8302 (2005).\n\n\n\nThe Notice alleged Respondent did not sufficiently document that it tested and verified that each\ntransmission pipeline in a Class 3 location was odorized. Accordingly, the Notice alleged,\nRespondent was required to conduct instrumented leakage surveys at 7%-month intervals. The\nNotice further alleged that Respondent could not produce records to show that instrumented\nsurveys had been conducted at 7%-month intervals.\nAt the hearing, Respondent asserted that it had intended to comply with the regulations by\nensuring proper odorization in Class 3 locations and by performing annual leakage surveys,\nrather than by conducting instrumented leakage surveys at 7%-month intervals. In response to\nthe Notice and at the hearing, Respondent asserted that the pipeline system was odorized in\naccordance with 8 192.625 and that its records show odorization had been tested and found\nacceptable. As an odorized pipeline, Respondent asserted that it was reqpired to complete annual\nleak surveys, rather than biannual instrumented surveys. Respondent stated that its records show\nthat leakage surveys had been conducted annually in accordance with 8 192.706(a).\nThe odorization records submitted by Respondent at the time of the inspection and in response to\nthe Notice show several Class 3 locations where Respondent's pipeline was not properly\nodorized. Several locations were deficient during consecutive tests. The leakage survey records\nproduced by Respondent lacked sufficient detail to verify each Class 3 pipeline had been\nproperly surveyed. Some records did not expressly indicate the manner and location of the leak\nsurvey and were subject to varying interpretations. Respondent's recprds were inadequate to\ndemonstrate compliance with $8 192.603(b) and 192.706(a). Accordingly, I find Respondent\nviolated $8 192.603(b) and 192.706(a) as alleged in the Notice.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item la. Under 49 U.S.C. 8 601 18(a),\neach person who engages in the transportation of gas or who owns or operates a pipeline facility\nis required to comply with the applicable safety standards established under chapter 601, title 49,\nUnited States Code. Pursuant to the authority of 49 U.S.C. 8 601 18(b) and 49 C.F.R. 8 190.217,\nRespondent is ordered to take the following actions to ensure compliance with the pipeline safety\nregulations applicable to its operations. Respondent must-\n1. Submit for review written procedures for conducting leakage surveys in accordance with\n49 C.F.R. 8 192.706(a). The procedures must have administrative processes, controls,\nand reviews to ensure that records are kept that are necessary to administer the\nprocedures and document compliance.\n2. Submit for review written procedures for conducting periodic sampling of combustible\ngases to assure proper concentration of odorant in accordance with 49 C.F.R. 4 192.625.\nThe procedures must have administrative processes, controls, and reviews to ensure that\nrecords are kept that are necessary to administer the procedures and document\ncompliance.\n\n\n\n3. Submit the procedures within 30 days of receipt of this Final Order to the Director,\nWestern Region, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety\nAdministration, 12300 W. Dakota Ave., Suite 110, Lakewood, CO 80228-2585.\n4. The Director may notify Respondent if the submitted procedures satisfy this Order; or the\nDirector may require Respondent to further modify the procedures to cure any\ndeficiencies. If the Director orders further modification, Respondent must correct the\nprocedures to comply with the Director's order and resubmit thq procedures for review\nwithin the time specified by the Director. If a resubmitted item requires further\nmodification, the Director may again require Respondent to coaect the deficiencies; or\nthe Director may otherwise enforce the terns of this Order.\nThe Director, Western Region, may grant an extension of time to comply with any of the\nrequired items upon a written request timely submitted by the Respondent demonstrating good\ncause for an extension.\nFailure to comply with this Order may result in the assessment of civil pefialties of not more than\n$100,000 per day and in referral to the Attorney General for appropriate aelief in a United States\nDistrict Court.\nWARNING ITEM\nThe Notice did not propose a civil penalty or corrective action for Item Ib in the Notice, which\nalleged Respondent could not verify that it had inspected pipe removed from a pipeline for\nevidence of internal corrosion in accordance with $8 192.605(b)(2) and 192.475(b). This is\nconsidered a warning item. Respondent is warned that if it does not take appropriate action to\ncorrect this item, enforcement action will be taken if a subsequent inspection reveals a violation.\nUnder 49 C.F.R. $ 190.215, Respondent has a right to submit a Petition for Reconsideration of\nthis Final Order. The petition must be received within 20 days of Respondent's receipt of this\nFinal Order and must contain a brief statement of the issue(s). The terms of the order, including\nany required corrective action, remain in full effect unless the Associate Administrator, upon\nrequest, grants a stay. The terms and conditions of this Final Order are effective on receipt.\nDate Issued\nA o iate Administrator\nU i p e l i n e Safety","truncated":false,"body_characters":9296}