{"operation":"document","citation":"CPF 52024028NOPSO","title":"AGUILAR, TOWN OF — Safety Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-07-23","effective_on":null,"summary":"CLOSED safety order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024028nopso.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024028nopso.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52024028nopso","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52024028NOPSO","body":"Safety Order involving AGUILAR, TOWN OF. The dataset does not identify a cited regulation for this case. The case was opened on 2024-07-23 and is reported as closed as of 2026-01-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52024028NOPSO_Closure Letter_01142026_(24-311812).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024028NOPSO/52024028NOPSO_Closure%20Letter_01142026_(24-311812).pdf\n\n52024028NOPSO_Closure Letter_01142026_(24-311812)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024028NOPSO/52024028NOPSO_Closure%20Letter_01142026_(24-311812)_text.pdf\n\n52024028NOPSO_Consent Agreement and Order_03242025_(24-311812).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024028NOPSO/52024028NOPSO_Consent%20Agreement%20and%20Order_03242025_(24-311812).pdf\n\n52024028NOPSO_Consent Agreement and Order_03242025_(24-311812)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024028NOPSO/52024028NOPSO_Consent%20Agreement%20and%20Order_03242025_(24-311812)_text.pdf\n\n52024028NOPSO_Notice of Proposed Safety Order_07232024_(24-311812).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024028NOPSO/52024028NOPSO_Notice%20of%20Proposed%20Safety%20Order_07232024_(24-311812).pdf\n\n52024028NOPSO_Notice of Proposed Safety Order_07232024_(24-311812)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52024028NOPSO/52024028NOPSO_Notice%20of%20Proposed%20Safety%20Order_07232024_(24-311812)_text.pdf\n\n52024028NOPSO_Closure Letter_01142026_(24-311812)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nVIA ELECTRONIC MAIL TO: AGUILARCOMAYOR@GMAIL.COM\n12300 W. Dakota Ave., Suite 340\nLakewood, CO 80228\nJanuary 14, 2026\nErlinda Encinias\nMayor\nTown of Aguilar\n101 W. Main St.\nPO Box 538\nAguilar, CO 81020\nCPF 5-2024-028-NOPSO\nClosure Letter\nDear Mayor Encinias:\nOn March 24, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued a Consent Order incorporating the terms of the Consent Agreement between PHMSA and\nthe Town of Aguilar in the above-referenced case. This Order included a Compliance Order\nrequirement for the Town of Aguilar to take certain corrective actions on its pipeline.\nPer the terms of the Consent Agreement, the Consent Agreement would terminate once the\nCorrective Measures in Section II were satisfied. On December 16, 2025, the Town of Aguilar\nsubmitted final documentation to demonstrate all Corrective Measures were satisfied.\nAccordingly, the Consent Agreement is terminated, and this case is now closed.\nThank you for your cooperation in this matter.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 J. Luo (#24-311812)\nCasey Hensley, COPUC Program Manager - Casey.Hensley@state.co.us\nStephanie Coca, Town Clerk - aguilarclerk@gmail.com\n\n52024028NOPSO_Consent Agreement and Order_03242025_(24-311812)_text.pdf\n\nMarch 24, 2025\nVIA ELECTRONIC MAIL TO: aguilarcomayor@gmail.com\nErlinda Encinias\nMayor\nTown of Aguilar\n101 W. Main St.\nPO Box 538\nAguilar CO, 81020\nCPF No. 5-2024-028-NOPSO\nDear Mayor Encinias:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Town\nof Aguilar, which was executed on January 10, 2025. Service of the Consent Order and\nConsent Agreement by electronic mail is deemed effective upon the date of transmission and\nacknowledgment of receipt, or as otherwise provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nfor Alan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Agreement and Consent Order\ncc: Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\n\n\n\nTonya Jez, Supervisor, Western Region, Office of Pipeline Safety, PHMSA\nCasey Hensley, Program Manager, Colorado Public Utilities\nCommission, casey.hensley@state.co.us\nSara Porras, Deputy Clerk, aguilardeputyclerk@gmail.com\nCONFIRMATION OF 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 )\n)\nTown of Aguilar, Colorado, )\n)\nRespondent.\n)\n) CPF No. 5-2024-028-NOPSO\nCONSENT ORDER\nBy letter dated July 23, 2024, the Pipeline and Hazardous Materials Safety Administration,\nOffice of Pipeline Safety (PHMSA), issued a Notice of Proposed Safety Order (Notice) to Town\nof Aguilar, Colorado (TOA or Respondent).\nIn accordance with 49 C.F.R. § 190.239, the Notice alleged that conditions appear to exist on\ncertain pipeline facilities operated by Respondent that pose pipeline integrity risk to public\nsafety, property, or the environment. The Notice also proposed that Respondent take certain\ncorrective measures to remedy the alleged conditions and ensure that the public, property, and\nthe environment are protected from the potential risk.\nIn response to the Notice, Respondent timely requested an informal consultation. During\ninformal consultation meetings from September 2024 to November 2024, the parties engaged in\ngood-faith discussions that have resulted in the Consent Agreement attached to this Consent\nOrder that settles the allegations in the Notice.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nConsent Order. The Town of Aguilar is hereby ordered to comply with the terms of the Consent\nAgreement, pursuant to its terms.\nPursuant to 49 U.S.C. § 60101, et seq., failure to comply with this Consent Order may result in\nthe assessment of additional civil penalties as set forth in 49 U.S.C. § 60122 and 49 C.F.R. §\n190.223, or in referral to the Attorney General for appropriate relief in a district court of the\nUnited States.\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nfor Alan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nTown of Aguilar, ) CPF No. 5-2024-028-NOPSO\n)\n)\n)\nRespondent. )\nCONSENT AGREEMENT\nOn July 23, 2024, pursuant to 49 C.F.R. § 190.239, the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS or Agency), issued a\nNotice of Proposed Safety Order (Notice) to the Town of Aguilar (TOA or Respondent).\nThe Notice alleged that conditions existed on Respondent's pipeline system that proposed a\npipeline integrity risk that could potentially affect public safety, property, or the\nenvironment. The Notice also proposed that TOA take certain corrective measures to\nremedy the alleged conditions and ensure that the public, property, and the environment\nwere protected from the potential risk.\nOn August 26, 2024, and October 22, 2024, TOA responded to the Notice by timely submitting\na written request for a 30-day extension and request for informal consultations under 49\nC.F.R.\n§ 190.239(b)(2). Informal consultations were held on September 4, 2024, and November 4,\n2024.\nAs a result of the informal consultations, PHMSA and the Respondent (the Parties) agreed that\nsettlement of this proceeding will avoid further administrative proceedings or litigation of the\nNotice and that entry into this Consent Agreement (Agreement) is the most appropriate means\nof resolving the issues raised in the Notice and is in the public interest. Therefore, pursuant to\n49\nC.F.R. Part 190, without adjudication of any issue oflaw or fact, and upon consent and\nagreement of the Parties, the Parties agree to the following terms and conditions.\n\n\n\nI. General Provisions\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced pipeline facilities are subject to the jurisdiction of the\nFederal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations and administrative\norders issued thereunder. For purposes of this Agreement, Respondent acknowledges that it\nreceived proper notice of PHMSA's action in this proceeding and that the Notice states claims\nupon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq., and the regulations and\norders issued thereunder.\n2. Respondent agrees, for purposes of this Agreement, to address the integrity risks\nidentified in the Notice by completing the actions specified in Section II of this agreement\n(Corrective Measures) and to abide by the terms of this agreement. This Agreement does not\nconstitute a finding of violation of any Federal law or regulation and may not be used in any\ncivil or administrative proceeding of any kind as evidence of proof of any fact, fault, or liability,\nor as evidence of the violation of any law, rule, regulation, or requirement, except in a\nproceeding to enforce the provisions of this Agreement.\n3. After Respondent returns this signed Agreement to PHMSA, the Agency's\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this\nAgreement.\n4. Respondent consents to the issuance of the Consent Order, and hereby waives\nany further procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except for the Dispute Resolution\nprovisions set forth herein.\n5. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons\notherwise bound by law. Respondent agrees to provide a copy of this Agreement and any\nincorporated work plans and schedules to all of Respondent's officers, employees, and agents\nwhose duties might reasonably include compliance with this Agreement.\n6. For all transfers of ownership or operating responsibility of Respondent's pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\ntransferee at least 30 days prior to such transfer and provide written notice of the transfer to the\nPHMSA Western Region Director (Director) no later than 30 days after the transfer occurs.\n7. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings relating\n\n\n\nto settlement other than those expressly contained in this Agreement, except that the terms of\nthis Agreement may be construed by reference to the Notice.\n8. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA's right of access, entry, inspection, and information gathering or PHMSA's authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n9. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent's pipeline systems. This Agreement is not a permit,\nor a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n10. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n11. Except as set forth herein, this Agreement does not constitute a finding of\nviolation of any other federal law or regulation and may not be used in any civil proceeding of\nany kind as evidence or proof of any fact, fault or liability, or as evidence of a violation of any\nlaw, rule, regulation, or requirement, except in a proceeding to enforce the provisions of this\nAgreement or in future PHMSA enforcement actions.\n12. This Agreement does not create rights in, or grant any cause of action to, any third\nparty not party to this Agreement. The U.S. Department of Transportation is not liable for any\ninjuries or damages to persons or property arising from acts or omissions of Respondent or its\nofficers, employees, or agents carrying out the work required by this Agreement. Respondent\nagrees to hold harmless the U.S. Department of Transportation, its officers, employees, agents,\nand representatives from any and all causes of action arising from any acts or omissions of\nRespondent or its contractors in carrying out any work required by this Agreement.\n\n\n\nII. Corrective Measures:\n13. Upon issuance of the Consent Order, the Respondent agrees to perform the\nfollowing Corrective Measures set forth below.\nA. B. C. Since the issuance of the Notice, the City of Walsenburg's (Walsenburg) has\nprovided monthly odorant records to TOA from January 2022 through August\n2024.\nFollowing the Effective Date of this agreement, TOA must conduct the required\ntesting to verify odorant levels meet the requirements of§ 192.625(a) to ensure\nthe safety of its pipelines. TOA must submit monthly odorant records to the\nDirector biannually, at intervals not to exceed 6 months. The testing must be\nconducted by an operator qualified (OQ) personnel possessing the requisite\noperator qualifications as required by § 192.805(b). If odorant levels are\ndetermined to not meet the requirements of § 192.625(a), TOA shall notify\nPHMSA and submit a proposed plan for compliance within 30 days to be\napproved by the Director.\nFollowing the issuance of the Notice, TOA has established written procedures to\nminimize the hazard resulting from a gas pipeline emergency, as required by\n§ 192.615(a), and submitted these procedures to PHMSA on October 25, 2024.\nTOA has not had an OQ gas operator since August 2022. On October 18, 2022,\nTOA entered into an intergovernmental agreement (IGA) with Walsenburg to\nreceive assistance from Walsenburg's gas department, including emergency\nresponse call outs.\nWithin one year of the Effective Date of this agreement, TOA must hire and\ntrain an OQ gas operator employed by the Town to respond to emergencies,\nensure that the operator is knowledgeable about the emergency procedures, and\nverify that the training is effective, as required by § 192.615(b)(2). Once per\nquarter, at intervals not to exceed 3 months, TOA will submit a written summary\ndetailing progress on the hiring and training of the OQ gas operator until the\nOQ gas operator has been hired and has completed all required operator\nqualifications.\nSince the issuance of the Notice, Black Hills Energy has provided annual inspection\nand testing records for TOA's district pressure limiting and regulating station on\nJuly 9, 2021, May 26, 2022, June 5, 2023, and July 3, 2024.\nBlack Hills Energy has also provided annual leak survey records on September\n24, 2021, October 7, 2022, September 7, 2023, and August 23, 2024. The\nAugust\n23, 2024, survey indicated two Grade 3 Non-Hazardous leaks. These Grade 3\nNon-Hazardous leaks must be scheduled for permanent repair, with all required\nrepairs completed by August 23, 2025, in accordance with TOA's\nMaintenance\n\n\n\nD. E. 723 procedure. TOA shall submit repair records to the Director within 30 days of\ncompleting the repairs.\nFollowing the Effective Date of this agreement, TOA must conduct the required\nleakage surveys on its distribution lines in accordance with § 192.723 to ensure the\nsafety of its pipelines. TOA must repair leaks in accordance with its Maintenance\n723 Procedure, which specifies the following repair schedule for completion:\ni. Grade 1 Hazardous leaks must be continually monitored until repaired.\nPrompt remedial action must be undertaken for leaks classified as\nhazardous.\nii. m. Grade 2 Intermediate leaks must be scheduled for permanent repair\nwithin two work weeks from the date of discovery.\nGrade 3 Non-Hazardous leaks must be scheduled for permanent\nrepair within one year from the date of discovery. During the scheduled\nrepair period, these leaks will be re-evaluated on a six-month interval or by\nthe end of the calendar year of discovery, whichever occurs first.\nTOA must submit to the Director all leak survey results and a report detailing leak\nrepairs annually, at intervals not to exceed 15 months.\nSince the issuance of the Notice, Black Hills Energy conducted an annual cathodic\nprotection (CP) survey on October 10, 2024. The annual survey identified a CP\ndeficiency. Specifically, Black Hills Energy Senior Corrosion Tech noted: \"CP\nZone 4 with test point at 401 East St. has no cathodic protection and has seemed to\nhave been isolated off with a read of -0.317 VCSE\". According to § 192.465(d),\nTOA must document and repair the identified deficiency by December 31, 2025.\nTOA shall submit repair records to the Director within 30 days of completing the\nrepairs.\nFollowing the Effective Date of this agreement, TOA must conduct annual CP\nsurveys on all distribution lines according to § 192.465 to ensure the safety of the\npipelines. In instances where inadequate potentials are a result of an electrical short\nto an adjacent foreign structure, a rectifier malfunction, an interruption of power\nsource, or an interruption of CP current due to other non-systemic or location-\nspecific causes, TOA must document and repair these instances in accordance with\nthe timelines prescribed in § 192.465(d). TOA must submit to the Director all CP\nsurvey results and a report detailing repairs annually, at intervals not to exceed 15\nmonths.\nShould TOA receive notice from either Walsenburg or Black Hills Energy that\neither entity will no longer be able to provide supportive services to TOA as\ndescribed above, TOA shall immediately notify PHMSA and submit a proposed\nplan for compliance within 30 days to be approved by the Director.\n\n\n\n14. Reporting. TOA will submit documentation demonstrating compliance with each\nprovision of paragraph 13 to the Director as specified in provisions A, B, C, D and E.\n15. Extensions of Time. The Director may grant an extension of time for compliance\nwith any of the terms of the Agreement upon a written request timely submitted demonstrating\ngood cause for the extension. The Director shall respond in writing to any such request.\nIII. Review and Approval Process:\n16. With respect to any submission under Section II (Corrective Measures) of this\nAgreement that requires the approval of the Director, the Director may: (a) approve, in whole or\nin part, the submission; (b) approve the submission on specified, reasonable conditions; (c)\ndisapprove, in whole or in part, the submission; or (d) any combination of the foregoing. If the\nDirector approves, approves in part, or approves with conditions, Respondent will take all\nactions as approved by the Director, subject to Respondent's right to invoke the dispute\nresolution procedures with respect to any conditions the Director identifies. If the Director\ndisapproves all or any portion of the submission, the Director will provide Respondent a written\nnotice of the deficiencies. Respondent will correct all deficiencies within the time specified by\nthe Director and resubmit it for approval. If the Director does not act on a submission or any\ndocument or plan submitted under this paragraph within 60 days of submission and Respondent\nhas indicated the submission requires timely action, the Director will provide an estimated date\nof completion or otherwise provide guidance to Respondent ton how to proceed.\nIV. Dispute Resolution:\n17. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including any decision of the Director under the terms of Section\nII (Corrective Measures). If Respondent and the Director are unable to informally resolve the\ndispute within 15 calendar days after the dispute is first raised, in writing, to the Director,\nRespondent may submit a written request for a determination resolving the dispute from the\nAssociate Administrator for Pipeline Safety, PHMSA. Such request must be made in writing and\nprovided to the Director, counsel for the Western Region, and to the Associate Administrator for\nPipeline Safety, no later than 10 calendar days from the 15-day deadline for informal resolution\nreferenced in this paragraph. Along with its request, Respondent must provide the Associate\nAdministrator with all information Respondent believes is relevant to the dispute. Decisions of\nthe Associate Administrator under this paragraph will constitute final agency action. The\nexistence of a dispute and PHMSA's consideration of matters placed in dispute will not excuse,\ntoll, or suspend any term or timeframe for completion of any work to be performed under this\nAgreement during the pendency of the dispute resolution process.\nV. Enforcement:\n18. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190. All work plans and associate schedules\nset forth or referenced in Section II will be automatically incorporated into this Agreement and\nare enforceable in the same manner.\n\n\n\nVI. Effective Date:\n19. Effective Date, as used herein, is the date on which the Consent Order is issued\nby the Associate Administrator, PHMSA, incorporating the terms of this Agreement.\nVII. Recordkeeping and Information Disclosure:\n20. Unless otherwise required in this Agreement, Respondent agrees to maintain\nrecords demonstrating compliance with all requirements of this Agreement for a period of at\nleast five (5) years following completion of all work to be performed. For any reports, plans, or\nother deliverables required to be submitted to PHMSA pursuant to this Agreement, Respondent\nmay assert a claim of business confidentiality or other protections applicable to the release of\ninformation by PHMSA, covering part or all of the information required to be submitted to\nPHMSA pursuant to this Agreement in accordance with 49 C.F.R. Part 7. Respondent must mark\nthe claim of confidentiality in writing on each page, and include a statement specifying the\ngrounds for each claim of confidentially. PHMSA determines release of any information\nsubmitted pursuant to this Agreement in accordance with 49 C.F.R. Part 7, the Freedom of\nInformation Act, 5 U.S.C. § 552, DOT and PHMSA policies, and other applicable regulations\nand Executive Orders.\nVIII. Modification:\n21. The terms of this Agreement may be modified by mutual agreement of the Parties.\nSuch modifications must be in writing and signed by both parties.\n22. Respondent agrees to perform all the terms of this Agreement within the\ntimeframes established within this Agreement, including pursuant to modifications under Section\nVIII, unless performance is delayed by a force majeure. For purposes of this Agreement, a force\nmajeure is defined by an event arising from causes beyond the control of the Operator, or any\nentity controlled by Operator or Operator's contractors, which delays or prevents performance of\nany obligation under this Agreement despite Respondent's commercially reasonable efforts to\nfulfill the obligation.\n23. If a force majeure event occurs or has occurred that may delay the performance of\nany term of this Agreement beyond the approved timeframe, Respondent shall notify the\nDirector, in writing, within 5 business days of when Respondent knew that the event might cause\na delay. Such notice shall identify the cause of the delay or anticipated delay and the anticipated\nduration of the delay, state the measures taken or to be taken to prevent or minimize the delay,\nand estimate the timetable for implementation of those measures. Failure to comply with the\nnotice provision of this paragraph and to undertake reasonable efforts to avoid and minimize the\ndelay shall waive any claim of force majeure by Respondent.\n24. If the Director determines, upon notification by Respondent, that a delay or\nanticipated delay in performance is or was attributable to a force majeure, then the Director will\nextend the time period for the performance of that term for a reasonable period. The Director will\nnotify Respondent, in writing, of the length of any extension of performance of such terms\n\n\n\naffected by the force majeure. Any such extensions shall not alter Respondent's obligation to\nperform or complete other terms of this Agreement that are not affected by the force majeure.\nX. Termination:\nare satisfied, as reasonably and timely determined by the Director. The Agreement shall not\nThis Agreement will remain in effect until the Corrective Measures in Section I\nterminate until the Director confirms, in writing, that the Agreement is terminated in accordance\nwith this paragraph. Nothing in this Agreement prevents Respondent from completing any of the\nwritten confirmation from PHMSA when this Consent Agreement is terminated, and the Director\nobligations earlier than the deadlines provided for in this Agreement. Respondent may request\nwill provide such confirmation.\nXI. Ratification:\nThe Parties' undersigned representatives certify that they are fully authorized to\nto this document.\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\n27. The Parties hereby agree to all findings, conditions, and terms of this Agreement.\nFor Town of Aguilar:\nErtinda Epinias, Mayor, Town of Aguilar\nDate\nFor PHMSA:\nDustin Hubbard, Director, Westem Region, Office of Pipeline Safery\nDate\n\n52024028NOPSO_Notice of Proposed Safety Order_07232024_(24-311812)_text.pdf\n\nVIA E-MAIL TO: AGUILARCOMAYOR@GMAIL.COM\nJuly 23, 2024\nDonald Gonzales\nMayor\nTown of Aguilar\n101 W. Main St.\nPO Box 538\nAguilar CO, 81020\nCPF 5-2024-028-NOPSO\nDear Mayor Gonzales:\nEnclosed is a Notice of Proposed Safety Order (Notice) issued in the above-referenced case.\nThe Notice proposes that you take certain measures with respect to your natural gas distribution\nsystem in Aguilar, Colorado to ensure pipeline safety.\n1 Your options for responding are set forth\nin the Notice. Your receipt of the Notice constitutes service of that document under 49 C.F.R.\n§ 190.5.\nWe look forward to a successful resolution to ensure pipeline safety. Please direct any\nquestions on this matter to me at 720-963-3160.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Notice of Proposed Safety Order\n1 The OPID for this asset is: 81 (Town of Aguilar).\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWESTERN REGION\nLAKEWOOD, CO 80228\n____________________________________\n)\nIn the Matter of )\n)\nTown of Aguilar, ) CPF No. 5-2024-028-NOPSO\n)\nRespondent )\n____________________________________)\nNOTICE OF PROPOSED SAFETY ORDER\nBackground and Purpose\nPursuant to Chapter 601 of title 49, United States Code, the Colorado Public Utilities\nCommission (COPUC) and the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) have initiated an on-site inspection and information review of the safety of Town of\nAguilar’s (TOA) natural gas distribution system in Aguilar, Colorado.\nAs a result of the on-site inspection and information review, it appears that conditions exist on\nyour pipeline facilities that pose a pipeline integrity risk to public safety, property or the\nenvironment. Specifically, TOA failed to maintain records to indicate appropriate odorization of\nits combustible gases past September 2022. It is therefore unclear whether the combustible gas in\nTOA’s distribution lines is properly odorized, as required by § 192.625(a). Additionally, TOA\nfailed to provide written procedures in response to a gas line emergency, as required by §\n192.615(a). Consequently, TOA failed to train the appropriate operating personnel on emergency\nprocedures and verify that the training was effective, as required by § 192.615(b)(2). Pursuant to\n49 U.S.C. § 60117(l), PHMSA issues this Notice of Proposed Safety Order, notifying you of the\npreliminary findings of the investigation, and proposing that you take measures to ensure that the\npublic, property, and the environment are protected from the potential risk.\nPreliminary Findings\n• From July 18, 2023, to October 26, 2023, representatives of the Colorado Public Utilities\nCommission (COPUC), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected TOA’s natural gas distribution system in Aguilar, Colorado. The natural gas\ndistribution system is composed of 8.25 miles of coated steel and PE mains and 272\n\n\n\nservices. 7.25 miles of mains have diameters of 2” or less and 1 mile of mains have\ndiameters of over 2” thru 4”. All services have a diameter of 1” or less. 2\n• 49 C.F.R. § 192.625(a) states a combustible gas in a distribution line must contain a\nnatural odorant or be odorized so that at a concentration in air of one-fifth of the lower\nexplosive limit, the gas is readily detectable by a person with a normal sense of smell.\nAdditionally, to ensure the proper concentration of odorant, § 192.625(f) requires each\noperator to conduct periodic sampling of combustible gases using an instrument capable\nof determining the percentage of gas in air at which the odor becomes readily detectable.\nAlthough TOA provided some gas odorization test records and monthly odorant readings\nfrom 2021 and 2022, it is unclear at this time if the combustible gas in TOA’s distribution\nlines is properly odorized as TOA failed to maintain records to indicate appropriate\nodorization of its combustible gases past September 2022.\n• Approximately 8 miles of TOA’s mains were installed from 1960-1969. Approximately\n0.25 miles of main and 234 services were installed from 1990-1999. The remaining 38\nservices have been installed since 2020. Older pipelines have integrity issues due to the\nmanufacturing process, aging coatings that can have coating disbondment, shielding of\ncathodic protection, and cathodic protection levels at less than 49 C.F.R. § 192.463\nrequirements. Without adequate odorization of natural gas, integrity issues leading to\nleaks could remain undetected. This would impair the serviceability or integrity of the\npipelines leading to an increased threat of failure.\n• 49 C.F.R. § 192.615(a) states each operator shall establish written procedures to\nminimize the hazard resulting from a gas pipeline emergency and § 192.615(b)(2) states\neach operator shall train the appropriate operating personnel to assure that they are\nknowledgeable of the emergency procedures and verify that the training is effective.\nDuring the inspection, TOA failed to provide written procedures in response to a gas line\nemergency. Therefore, TOA failed to train the appropriate operating personnel on\nemergency procedures and verify that the training was effective, as required by\n§ 192.615(b)(2). Furthermore, TOA did not have an operator qualified personnel to\nperform any operations and maintenance tasks. TOA indicated the town has not had a\ngas employee since August 2022. Without operating personnel possessing the requisite\noperator qualifications to perform operations and maintenance tasks, or adequate\nemergency response training, the consequence of any failure is greatly magnified.\n• TOA is unable to demonstrate if the combustible gas in TOA’s distribution lines is\nproperly odorized. Unodorized gas poses an immediate threat to public safety and the\nenvironment. Without odorization, natural gas leaks cannot be easily detected by smell.\nThis increases the likelihood that leaks could go unnoticed, leading to potentially\ncatastrophic consequences such as explosions or fires. TOA must immediately conduct\nthe required testing to verify odorant levels meet the requirements of § 192.625(a) to\nensure the safety of the pipelines.\n2 2022 Annual Report\n\n\n\nProposed Issuance of Safety Order\nSection 60117(l) of Title 49, United States Code, provides for the issuance of a safety order, after\nreasonable notice and the opportunity for a hearing, requiring corrective measures, which may\ninclude physical inspection, testing, repair, or other action, as appropriate. The basis for making\nthe determination that a pipeline facility has a condition or conditions that pose a pipeline integrity\nrisk to public safety, property, or the environment is set forth both in the above-referenced statute\nand 49 C.F.R. § 190.239, a copy of which is enclosed.\nAfter evaluating the foregoing preliminary findings of fact and considering the age of the pipe\ninvolved, the manufacturer, the hazardous nature of the product transported and the pressure\nrequired for transporting such product, the characteristics of the geographical areas where the\npipeline facility is located, and the likelihood that the conditions could worsen or develop on other\nareas of the pipeline and potentially impact its serviceability, it appears that the continued\noperation of the affected pipeline without corrective measures would pose a pipeline integrity risk\nto public safety, property, or the environment.\nAccordingly, PHMSA issues this Notice of Proposed Safety Order to notify Respondent of the\nproposed issuance of a safety order and to propose that Respondent take measures specified herein\nto address the potential risk.\nResponse to this Notice\nIn accordance with § 190.239, you have 30 days following receipt of this Notice to submit a\nwritten response to the official who issued the Notice. If you do not respond within 30 days, this\nconstitutes a waiver of your right to contest this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Safety Order. In your response, you may notify that official that you intend to\ncomply with the terms of the Notice as proposed, or you may request that an informal\nconsultation be scheduled (you will also have the opportunity to request an administrative\nhearing before a safety order is issued). Informal consultation provides you with the opportunity\nto explain the circumstances associated with the risk condition(s) alleged in the notice and, as\nappropriate, to present a proposal for a work plan or other remedial measures, without prejudice\nto your position in any subsequent hearing. If you and PHMSA agree within 30 days of informal\nconsultation on a plan and schedule for you to address each identified risk condition, we may\nenter into a written consent agreement (PHMSA would then issue an administrative consent\norder incorporating the terms of the agreement). If a consent agreement is not reached, or if you\nhave elected not to request informal consultation, you may request an administrative hearing in\nwriting within 30 days following receipt of the Notice or within 10 days following the\nconclusion of an informal consultation that did not result in a consent agreement, as applicable.\nFollowing a hearing, if the Associate Administrator finds the facility to have a condition that\nposes a pipeline integrity risk to the public, property, or the environment in accordance with\n§ 190.239, the Associate Administrator may issue a safety order\n\n\n\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nIn your correspondence on this matter, please refer to CPF 5-2024-028-NOPSO and for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nProposed Corrective Measures\nPursuant to 49 U.S.C. § 60117(l) and 49 C.F.R. § 190.239, PHMSA proposes to issue to TOA a\nsafety order incorporating the following remedial requirements with respect to the affected\npipeline:\n1. 2. 3. 4. 5. TOA must conduct the required testing to verify odorant levels meet the requirements of\n§ 192.625(a) to ensure the safety of the pipelines. The testing must be conducted by an\noperator qualified personnel possessing the requisite operator qualifications as required\nby § 192.805(b).\nTOA must establish written procedures to minimize the hazard resulting from a gas\npipeline emergency as required by § 192.615(a) and to train appropriate operating\npersonnel on emergency procedures specific to TOA’s distribution system including but\nnot limited to the location and operation of emergency valves as required by\n§ 192.615(b)(2).\nTOA must conduct a leakage survey on all distribution lines according to § 192.723 to\nensure the safety of the pipelines. In instances where leaks are discovered, Grade 1 leaks\nmust be repaired or replaced/renewed immediately, Grade 2 leaks must be repaired or\nreplaced/renewed within 1 year. Grade 3 leaks must be repaired or replaced/renewed\nwithin 2 years.\nTOA must conduct a cathodic protection survey on all distribution lines according to\n§ 192.465 to ensure the safety of the pipelines. In instances where inadequate potentials\nare a result of an electrical short to an adjacent foreign structure, a rectifier malfunction,\nan interruption of power source, or an interruption of CP current due to other non-\nsystemic or location-specific causes, TOA must document and repair these instances.\nTOA must take temporary pressure restrictions on TOA’s distribution lines. TOA must\ntake a 20% reduction in operating pressure using the pipeline’s operating pressure. If\nTOA believes it cannot meet this requirement because it needs to maintain minimum\nflows to meet customer demands, it must immediately notify PHMSA and request\napproval, explaining the reason(s) why temporarily reducing pressure pursuant to the\nrequirements set forth above is infeasible. In its written proposal to PHMSA, TOA must\npropose an alternative means to assure pipeline safety.\n\n\n\n6. 7. 8. 9. 10. 11. Once TOA has completed corrective measures 1 and 3, TOA must notify the Director in\nwriting and may request that the pressure restriction(s) be lifted.\nWithin 30 days after a safety order is issued, develop and submit to the Director for\napproval a written remedial work plan that includes corrective measures. The work plan\nmust include:\n(A) The performance of additional field testing, inspections, and evaluations to\ndetermine whether and to what extent the conditions described in this Notice are\npresent elsewhere on the affected pipeline system. Make the results of the\ninspections, ","truncated":true,"body_characters":43277}