{"operation":"document","citation":"CPF 520160015W","title":"LINDE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-08-31","effective_on":null,"summary":"CLOSED warning letter citing 192.739(a), 192.745(a), 192.805(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160015w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160015w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160015w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520160015W","body":"Warning Letter involving LINDE. PHMSA's enforcement data identifies the cited regulations as 192.739(a),  192.745(a),  192.805(b). The case was opened on 2016-08-31 and is reported as closed as of 2016-08-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520160015W_Warning Letter_08312016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160015W/520160015W_Warning%20Letter_08312016.pdf\n\n520160015W_Warning Letter_08312016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160015W/520160015W_Warning%20Letter_08312016_text.pdf\n\n520160015W_Warning Letter_08312016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 31, 2016\nMr. Stephen F. Angel\nChairman, President & Chief Executive Officer\nPraxair, Inc.\n39 Old Ridgebury Road\nDanbury, CT 06810\nCPF 5-2016-0015W\nDear Mr. Dunn:\nOn July 28-31, 2015, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code of Federal Regulations inspected your Hydrogen Gas Pipeline in Ontario,\nCalifornia.\nAs a result of the inspection, it is alleged that Praxair, Inc. (Praxair) has committed probable\nviolations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The\nitems inspected and the probable violations are as follows:\n1. §192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and pressure\nregulating station and its equipment must be subjected at intervals not exceeding 15\nmonths, but at least once each calendar year, to inspections and tests to determine\nthat it is—\n(1) In good mechanical condition;\n(2) Adequate from the standpoint of capacity and reliability of operation for the\nservice in which it is employed;\n(3) Except as provided in paragraph (b) of this section, set to control or relieve at\nthe correct pressure consistent with the pressure limits of §192.201(a); and\n\n\n\n(4) Properly installed and protected from dirt, liquids, or other conditions that\nmight prevent proper operation.\nPraxair did not inspect each pressure limiting station, relief device (except rupture discs),\nand pressure regulating station and its equipment at intervals not exceeding 15 months,\nbut at least once each calendar year.\nAt the time of the inspection, records indicated that Praxair performed inspections on the\nNorth Regulator (HP7R) and South Regulator (HP6R) on its Hydrogen (H2) pipeline in\nFontana in December 2011, January 2013, January 2014, and January 2015. While these\ninspections fall within the prescribed 15 month window, there were no inspections\nrecorded in calendar year 2012.\n2. §192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any emergency must\nbe inspected and partially operated at intervals not exceeding 15 months, but at least\nonce each calendar year.\nPraxair did not inspect and partially operate each transmission line valve that might be\nrequired during any emergency at intervals not exceeding 15 months, but at least once\neach calendar year.\nAt the time of the inspection, records indicated that Praxair performed valve inspections\non its H2 pipeline in December 2011, January 2013, October 2013, and August 2014.\nWhile these inspections were within the prescribed 15 month window, there were no\ninspections recorded in calendar year 2012.\n3. §192.805 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n… (b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nPraxair did not follow its written qualification program to ensure through evaluation that\nindividuals performing Operator Qualification (OQ) covered tasks were qualified.\nAt the time of the inspection, records showed that OQ covered tasks had been performed\nby personnel on Praxair’s H2 pipeline outside of their qualification dates as follows:\n- On November 22, 2013, a record showed that an employee completed an inspection\nof above ground coatings and atmospheric corrosion during a time period he was not\nOQ qualified to perform those covered tasks.\n- On November 1, 2012, a record showed that an employee completed a pipeline right-\nof-way patrol at a time he was OQ qualified to perform that covered task.\n2\n\n\n\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a\nrelated series of violations. For violation occurring between January 4, 2012 to August 1,\n2016, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. For violations occurring\nprior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per\nday, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at\nthis time. We advise you to correct the item(s) identified in this letter. Failure to do so will\nresult in Praxair, Inc. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2016-0015W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nChris Hoidal\nDirector, Western\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 C. Ishikawa (#150210)\n3","truncated":false,"body_characters":6254}