{"operation":"document","citation":"CPF 520120015","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":"2012-05-25","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.935(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520120015","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520120015","body":"Notice of Probable Violation involving AIR PRODUCTS & CHEMICALS INC. PHMSA's enforcement data identifies the cited regulation as 192.935(a). The case was opened on 2012-05-25 and is reported as closed as of 2012-12-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520120015_Final Order_12142012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120015/520120015_Final%20Order_12142012.pdf\n\n520120015_Final Order_12142012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120015/520120015_Final%20Order_12142012_text.pdf\n\n520120015_NOPV PCO_05252012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120015/520120015_NOPV%20PCO_05252012.pdf\n\n520120015_NOPV PCO_05252012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120015/520120015_NOPV%20PCO_05252012_text.pdf\n\n520120015_operator response_06202012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520120015/520120015_operator%20response_06202012.pdf\n\n520120015_Final Order_12142012_text.pdf\n\nDECEMBER 14, 2012\nMr. John E. McGlade\nChairman, President and Chief Executive Officer\nAir Products and Chemicals, Inc.\n7201 Hamilton Blvd.\nAllentown, PA 18195\nRe: CPF No. 5-2012-0015\nDear Mr. McGlade:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that Air Products & Chemicals, Inc., has completed the actions specified in\nthe Notice to comply with the pipeline safety regulations. Therefore, this case is now closed.\nService of the Final Order by certified mail is deemed effective upon the date of mailing, or as\notherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Chris Hoidal, Director, Western Region, OPS\nMr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nAir Products and Chemicals, Inc., ) CPF No. 5-2012-0015\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nBetween March 14, 2012, and March 16, 2012, pursuant to 49 U.S.C. § 60117, a representative\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline\nSafety (OPS), conducted an on-site pipeline safety inspection of the facilities and records of Air\nProducts and Chemicals, Inc. (Air Products or Respondent), in Wilmington, California, and\nCarson, California. Air Products operates seven hydrogen gas pipelines in Wilmington and\nCarson, spanning 13.95 total miles. Eleven high consequence area (HCA) locations are\nidentified in the Wilmington and Carson areas. Two pipeline employees are working at the\nWilmington plant.\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated May 25, 2012, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that Air Products had violated 49 C.F.R. § 192.935(a) and proposed ordering Respondent\nto take certain measures to correct the alleged violation.\nAir Products responded to the Notice by letter dated June 20, 2012 (Response). The company\ndid not contest the allegation of violation but provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDING OF VIOLATION\nIn its Response, Air Products did not contest the allegation in the Notice that it violated\n49 C.F.R. Part 192, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.935(a), which states:\n\n\n\n§ 192.935 – What additional preventative and mitigating measures\nmust an operator take?\n(a) General requirements. An operator must take additional measures\nbeyond those already required by Part 192 to prevent a pipeline\nfailure and to mitigate the consequences of a pipeline failure in a\nhigh consequence area. An operator must base the additional\nmeasures on the threats the operator has identified to each pipeline\nsegment. (See § 192.917) An operator must conduct, in\naccordance with one of the risk assessment approaches in\nASME/ANSI B31.8S (incorporated by reference, see § 192.7),\nsection 5, a risk analysis of its pipeline to identify additional\nmeasures to protect the high consequence area and enhance public\nsafety. Such additional measures include, but are not limited to,\ninstalling Automatic Shut-off Valves or Remote Control Valves,\ninstalling computerized monitoring and leak detection systems,\nreplacing pipe segments with pipe of heavier wall thickness,\nproviding additional training to personnel on response procedures,\nconducting drills with local emergency responders and\nimplementing additional inspection and maintenance programs.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.935(a) by failing to take additional\nmeasures beyond those already required by Part 192 to mitigate the consequences of a failure in\nan HCA. Specifically, the Notice alleged that six mobile trailers were parked on top of the Air\nProducts CG-102 Line inside the Tesoro Refinery in Carson. The trailers were being used for\noffice space for Tesoro contractor personnel working at the refinery.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.935(a) by failing to take\nadditional measures beyond those already required by Part 192 to mitigate the consequences of a\nfailure by allowing six trailers to remain parked on the CG-102 line.\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 1 in the Notice for a violation of\n49 C.F.R. § 192.935(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director indicates that\nRespondent has taken the following actions specified in the proposed compliance order:\n1. With respect to the violation of § 192.935(a) (Item 1), Respondent has moved the\nsix trailers to another location within Tesoro’s refinery. The trailers are no longer\nlocated on top of the Air Products CG-102 hydrogen pipeline.\n\n\n\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7109}