{"operation":"document","citation":"CPF 520190002","title":"NORTH SLOPE BOROUGH ENERGY MANAGEMENT — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-15","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.463(a), 192.465(d), 192.479(a), 192.479(b), 192.614(c), 192.615(a)(4), 192.615(b)(1), 192.615(b)(2), 192.615(c), 192.709(a), 192.709(c), 192.805(h), 192.807(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520190002","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520190002","body":"Notice of Probable Violation involving NORTH SLOPE BOROUGH ENERGY MANAGEMENT. PHMSA's enforcement data identifies the cited regulations as 192.463(a),  192.465(d),  192.479(a),  192.479(b),  192.614(c),  192.615(a)(4),  192.615(b)(1),  192.615(b)(2),  192.615(c),  192.709(a),  192.709(c),  192.805(h),  192.807(b). The case was opened on 2019-01-15 and is reported as closed as of 2019-08-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520190002_Final Order_08082019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190002/520190002_Final%20Order_08082019.pdf\n\n520190002_Final Order_08082019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190002/520190002_Final%20Order_08082019_text.pdf\n\n520190002_NOPV PCO_01152019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190002/520190002_NOPV%20PCO_01152019.pdf\n\n520190002_NOPV PCO_01152019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190002/520190002_NOPV%20PCO_01152019_text.pdf\n\n520190002_Operator Response to Notice_01282019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520190002/520190002_Operator%20Response%20to%20Notice_01282019.pdf\n\n520190002_Final Order_08082019_text.pdf\n\nAugust 8, 2019\nMr. Harry K. Brower Jr.\nMayor\nNorth Slope Borough\n1274 Agvik Street\nUtqiagvik, Alaska 99723\nRe: CPF No. 5-2019-0002\nDear Mayor Brower:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that North Slope Borough’s Department of Public Works has completed the\nactions specified in the Notice to comply with the pipeline safety regulations. Therefore, this\ncase is now closed. Service of the Final Order by certified mail is effective upon the date of\nmailing, as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Scott K. Danner, Director, North Slope Borough Public Works, 1274 Agvik Street,\nUtqiagvik, Alaska 99723\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____________________________________\nIn the Matter of )\nNorth Slope Borough, ) CPF No. 5-2019-0002\na municipal corporation, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn March 27 through March 31, 2017, pursuant to 49 U.S.C. § 60117, a representative of the\nPipeline 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 North\nSlope Borough’s Department of Public Works (NSBPW or Respondent), specifically, the\nBarrow Gas Field Transmission Line in Utqiagvik, Alaska. The Barrow Gas Field Transmission\nLine is a six-inch, 5.6-mile-long gas transmission pipeline.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated January 15, 2019, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that NSBPW had committed\ntwo violations of 49 C.F.R. Part 192 and proposed ordering Respondent to take certain measures\nto correct the alleged violations. The warning items required no further action, but warned the\noperator to correct the probable violations or face possible future enforcement action.\nNSBPW responded to the Notice by letter dated January 28, 2019 (Response). The company did\nnot contest the allegations 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.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the allegations in the Notice that it violated 49\nC.F.R. Part 192, as follows:\n1 Pipeline Safety Violation Report (Violation Report), (Jan. 15, 2019) (on file with PHMSA), at 1; NSBPW website,\navailable at http://www north-slope.org/departments/public-works/fuel-natural-gas (last visited Mar. 19, 2019).\n\n\n\nCPF No. 5-2019-0002\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.463(a) which states:\n§ 192.463 External corrosion control: Cathodic protection.\n(a) Each cathodic protection system required by this subpart must\nprovide a level of cathodic protection that complies with one or more of the\napplicable criteria contained in appendix D of this part. If none of these\ncriteria is applicable, the cathodic protection system must provide a level of\ncathodic protection at least equal to that provided by compliance with one\nor more of these criteria.\nAppendix D to Part 192—Criteria for Cathodic Protection and\nDetermination of Measurements states in relevant part:\nI. Criteria for cathodic protection —A. Steel, cast iron, and ductile iron\nstructures. (1) A negative (cathodic) voltage of at least 0.85 volt, with\nreference to a saturated copper-copper sulfate half cell. Determination of\nthis voltage must be made with the protective current applied, and in\naccordance with sections II and IV of this appendix.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.463(a) by failing to have the\ncathodic protection (CP) system required by this subpart to provide a level of CP that complies\nwith one or more of the applicable criteria contained in Appendix D of Part 192. Specifically,\nthe Notice alleged that Respondent produced a contracted study from October 2016 which\nshowed that the pipeline was tested for CP. The study showed, however, that the current\nconfiguration of the CP system on the transmission line did not allow CP readings to be properly\ntested as required by 49 CFR 192.463(a) or Part 192.2 The configuration of the CP system\nfeatured anode ribbons directly bonded to the buried pipeline. No consideration for voltage drop\ndue to soil resistivity (IR Drop) could be considered as magnesium anodes were bonded\nuninterruptedly, directly to the pipe. Pipe-to-soil measurements were recorded despite the\ninability to remove the IR Drop.3 Although roughly 50 percent of the pipeline’s “on” potential\nwas above the -850 mV structure-to-soil criterion, the readings were inaccurate because of the\ninability to remove the IR Drop, which, when calculated, would ultimately reduce the value of\nthe “on” potential. Accounting for the IR Drop would result in an even larger percentage (more\nthan 50 percent) of the line not meeting the CP criteria.4\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. § 192.463(a) by failing to have the\ncathodic protection system required by this subpart to provide a level of cathodic protection that\ncomplies with one or more of the applicable criteria contained in Appendix D of Part 192.\n2 Violation Report, at 4-5 and Ex. A.\n3 Violation Report, at 4-5 and Ex. A.\n4 Violation Report, at 4-5 and Ex. A.\n\n\n\nCPF No. 5-2019-0002\nPage 3\nItem 2: The Notice alleged that Respondent violated 49 C.F.R. § 192.465(d), which states:\n§ 192.465(d) External corrosion control: Monitoring.\n(a) . . . .\n(d) Each operator shall take prompt remedial action to correct any\ndeficiencies indicated by the monitoring.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.465(d) by failing to take prompt\nremedial action to correct any deficiencies indicated by external corrosion monitoring.\nSpecifically, the Notice alleged that NSBPW failed to take remedial action based on a study that\nidentified deficiencies in maintaining cathodic protection over most of its pipeline.5\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. § 192.465(d) by failing to take prompt\nremedial action to correct any deficiencies indicated by the monitoring.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nWARNING ITEMS\nWith respect to Items 3-11, the Notice alleged probable violations of Part 192, but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered\nwarning items. The warnings are for:\n49 C.F.R. § 192.479(a)-(b) (Item 3): Respondent’s alleged failure to coat each pipeline or\nportion of pipeline that is exposed to the atmosphere. For example, most above-ground areas\nhad no coating and incipient pitting had occurred or the coating had deteriorated. Valve stations\nhad significant coating loss, incipient pitting, and metal-on-metal supports. The lack of any\ncoating and extreme coating-loss on the pipeline and facilities does not comport with the\nrequirement to clean and coat each portion of the pipeline that is exposed to the atmosphere.\n49 C.F.R. § 192.614(c) (Item 4): Respondent’s alleged failure to meet the standards for a\ndamage prevention program under § 192.614.\n49 C.F.R. § 192.615(a)(4) (Item 5): Respondent’s alleged failure to list the quantity, location,\nand availability of materials and tools for emergencies in its procedures.\n49 C.F.R. § 192.615(b)(1)-(2) (Item 6): Respondent’s alleged failure to provide any records\nindicating that NSBPW trained appropriate operating personnel to ensure that they were\nknowledgeable of the emergency procedures nor any records verifying that the training is\neffective.\n5 Violation Report, at 12 and Ex. A.\n\n\n\nCPF No. 5-2019-0002\nPage 4\n49 C.F.R. § 192.615(c) (Item 7): Respondent’s alleged failure to liaise with appropriate fire,\npolice, and other public officials in compliance with § 192.615(c)(1)(4). NSBPW is required to\nlearn the responsibilities and resources of each government organization that may respond to a\ngas pipeline emergency, acquaint the public officials with the operator's ability in responding to a\ngas pipeline emergency, identify the types of gas pipeline emergencies of which the operator\nmight notify the officials, and plan how the operator and officials can engage in mutual\nassistance to minimize hazards to life or property.\n49 C.F.R. § 192.709(a) (Item 8): Respondent’s alleged failure to produce procedures in effect for\n2013 pipeline repair work in accordance with the requirement to keep a “description of each\nrepair” consistent with § 192.709(a).\n49 C.F.R. § 192.709(c) (Item 9): Respondent’s alleged failure to provide complete records for\nthe past five years of testing of emergency valves as required by § 192.709(c). Regarding\ninspection and partial operation of emergency transmission line valves, NSBPW produced\ncomplete records for 2014 and 2016, partial records for 2015 and 2011, and no records for 2012\nand 2013.\n49 C.F.R. § 192.805(h) (Item 10): Respondent’s alleged failure to demonstrate that personnel\nwere properly qualified to perform the 2013 repair work on the Barrow Gas Field Transmission\nLine.\n49 C.F.R. § 192.807(b) (Item 11): Respondent’s alleged failure to maintain records of employee\ntraining on abnormal operating conditions.\nNSBPW presented information in its Response showing that it had taken certain actions to\naddress the cited items. If OPS finds a violation of these provisions in a subsequent inspection,\nRespondent may be subject to future enforcement action.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 1 and 2 in the Notice for\nviolations of 49 C.F.R. §§ 192.463(a) and 192.465(d), respectively. Under 49 U.S.C.\n§ 60118(a), each person who engages in the transportation of gas or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601. The Director indicates that Respondent has taken the following actions specified in\nthe proposed compliance order:\n1. With respect to the violation of § 192.463(a) (Item 1), Respondent has\nimplemented an extensive upgrade to the Barrow Gas Field Transmission Line\ncathodic protection system. A new impressed-current linear anode (AnodeFlex)\ncathodic protection system was designed and constructed from 2017 through 2018\nand was successfully commissioned in 2018. Respondent committed extensive\nfinancial resources during the two-year period 2017 through 2018 for cathodic-\nprotection upgrades, and has used sound engineering practices, established criteria,\n\n\n\nCPF No. 5-2019-0002\nPage 5\nand industry-recognized methods to achieve adequate levels of cathodic protection on\nthe Barrow Gas Field Transmission Line.\n2. With respect to the violation of § 192.465(d) (Item 2), Respondent has followed\nthe recommendations in the Taku Engineering October 2016 Barrow Transmission\nNatural Gas Pipeline Cathodic Protection Survey Report pertaining to its 49 C.F.R.\nPart 192 regulated gas line and facilities and has modified the connections for the\nbonded below-grade anode ribbon to the transmission line with interruptible\nconnections and repair by replacing the failed structure lead wires at all test stations.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the 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 49\nC.F.R. § 190.5.\nAugust 8, 2019\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":13655}