{"operation":"document","citation":"0900006480e91fdb","title":"U.S. DOT/PHMSA - Agreement Modification","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"e U c r\\^^^^r^^n* 1200 New Jersey Ave. S.E. .S. Department Washington, DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration April 30,2009 Mr. Walter Bennett ^ ^ Senior Vice President of Operations - 1 3 CD - i v- : ^ Boardwalk Pipeline Partners, LP 9 Greenway Plaza, Suite 2800 — I Houston, Texas 77046 r3 Dear Mr. Bennett: The enclosed Agreement... Page 2 Mr. Walter Bennett Boardwalk Pipeline Partners, LP steps to ensure the specified pipelines could be safely operated. Boardwalk is continuing its investigation, formulating a remediation fitness for purpose plan including the potential excavation and removal of certain anomalous pipe joints. We acknowledge...","machine_formats":{"json":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e91fdb.json","markdown":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e91fdb.md"},"app_url":"https://regulus.evalyn.ai/document/regulations-gov-attachment-0900006480e91fdb","source_url":"https://downloads.regulations.gov/PHMSA-2008-0067-0009/attachment_1.pdf","body":"<<<PAGE 1>>>\n\ne\nU c r\\^^^^r^^n* 1200 New Jersey Ave. S.E.\n.S. Department Washington, DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration April 30,2009\nMr. Walter Bennett ^ ^\nSenior Vice President of Operations - 1 3\nCD\n- i v- : ^\nBoardwalk Pipeline Partners, LP\n9 Greenway Plaza, Suite 2800\n— I\nHouston, Texas 77046 r3\nDear Mr. Bennett:\nThe enclosed Agreement modifies the special permits the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) issued to Boardwalk Pipeline Partaers, LP and its subsidiaries,\nGulf Crossing Pipeline Company LLC, Gulf South Pipeline Company, LP, and Texas Gas\nTransmission, LLC (collectively hereinafter, \"Boardwalk\") to operate certain pipelines at up to\n80 percent SMYS in Class 1 locations provided that the conditions and safety requirements set\nforth in each of the special permits were met. The request letters. Federal Register notices and\nall other pertinent documents are available for review in Docket Nos. PHMSA- 2006-26533,\nPHMSA- 2007-28994, PHMSA- 2008-0068, PHMSA- 2008-0067, and PHMSA- 2006-26533 in\nthe Federal Docket Management System (FDMS) located on the internet at\nwww.Regulations.gov. The Boardwalk pipelines that received special permits are located in\nLouisiana, Texas, Mississippi, Arkansas, Oklahoma and Alabama and include: the 42-inch East\nTexas to Mississippi Pipeline; the 42-inch Mississippi Loop Pipeline; the 42-inch South East\nPipeline; the 42-inch Gulf Crossing Pipeline; the 36-inch Fayetteville Lateral; and the 36-inch\nGreerteville Lateral (collectively referred to as \"Pipelines\").\nAs you know, subsequent to the issuance of these special permits. Boardwalk reported to\nPHMSA that certain anomalies had been discovered in the Pipelines. Specifically, some of the\nX70 grade steel pipe used in constructing these pipelines appear to have exhibited low yield\nstrength below the minimum level allowed by American Petroleum Institute Specification 5L,\nSpecification for Line Pipe (API 5L). During the process of testing segments of the Mississippi\nLoop project, a hydrostatic test failure occurred in which the root cause was determined to be a\nswitched plate inadvertently inserted into the plate rolling in the plate mill. As a result of the\nhydrostatic test failure. Boardwalk, in cooperation with PHMSA, ran deformation tools in all of\nthe subject pipelines. Boardwalk has discovered anomalies in the Pipelines that appear not to be\ndirectly related to the initial root cause findings for the Mississippi Loop failure.\nAfter being informed of the.se issues by Boardwalk. PHMSA initiated an inquiry and took\nimmediate steps including field inspections and information collection. Through a number of\nmeetings and conference calls, PHMSA expressed its concerns and Boardwalk took immediate\n\n<<<PAGE 2>>>\n\nPage 2\nMr. Walter Bennett\nBoardwalk Pipeline Partners, LP\nsteps to ensure the specified pipelines could be safely operated. Boardwalk is continuing its\ninvestigation, formulating a remediation fitness for purpose plan including the potential\nexcavation and removal of certain anomalous pipe joints. We acknowledge Boardwalk's\ncooperation and commitment to performing corrective actions in response to PHMSA's\nconcerns. The enclosed Agreement modifies the special permits by specifying interim pressure\nlimits and other remedial actions in order to conservatively address the potentially low yield\nstrength issues PHMSA has determined are necessary prior to implementing the alternative\nMAOP and to prudently operate the Pipelines. The Agreement must be signed and returned to\nPHMSA within 10 days of your receipt of this letter.\nAs the actions required under the Agreement are implemented, Boardwalk must review these\noperating parameters with PHMSA and submit a 30-day notice of intent to implement the\nalternative MAOP. Once PHMSA has determined that Boardwalk is in compliance with the\nrequirements of the special permit for each pipeline, including the requirements specified in the\nenclosed Agreement, PHMSA will inform Boardwalk of approval to increase the operating\npressure of a line or line segment to a pressure corresponding to the validated stress level.\nThank you for your cooperation.\nSin<||rely,\nJeffrey D. Wiese\nAssociate Administrator for Pipeline Safety\nEnclosure\n\n<<<PAGE 3>>>\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nSPECIAL PERMIT MODIFICATION AGREEMENT\nThis Agreement modifies the special permits the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) granted to Boardwalk Pipeline Partners, LP and its subsidiaries Gulf\nCrossing Pipeline Company LLC, Gulf South Pipeline Company, LP, and Texas Gas\nTransmission, LLC (collectively hereinafter, \"Boardwalk\") to operate certain pipelines located in\nLouisiana, Texas, Mississippi, Arkansas, Oklahoma and Alabama at up to 80 percent SMYS in\nClass 1 locations provided that numerous conditions and safety requirements were met. These\npipelines are defined as: 42-inch East Texas to Mississippi Pipeline, 42-inch Mississippi Loop\nPipeline, 42-inch South East Pipeline, 42-inch Gulf Crossing Pipeline, 36-inch Fayetteville\nLateral and 36-inch Greeneville Lateral (collectively referred to as \"Pipelines\").\nSubsequent to the issuance of these special permits, the X70 grade steel pipe used in constructing\nthese pipelines appears to have exhibited low yield strength in field conditions and may be below\nthe minimum level allowed by American Petroleum Institute Specification 5L, Specification for\nLine Pipe (API 5L). During the process of complying with the special permit for the Mississippi\nLoop project, a hydrostatic test failure occurred in which the root cause was determined to be a\nswitched plate inadvertently inserted into the plate rolling in the plate mill. As a result of the\nhydrostatic test failure. Boardwalk, in cooperation with PHMSA, ran deformation tools in all of\nthe subject pipelines and discovered additional potentially low yield strength anomalies in the\nPipelines. While not all of these additional anomalies may be directly related to the initial root\ncause findings for the Mississippi Loop failure. Boardwalk is continuing its investigation, is\nformulating a remediation and fitness for purpose plan including the potential excavation and\nremoval of certain of the anomalous pipe joints.\nBased on the new information and changed circumstances surrounding the construction and\noperation of the Pipelines that PHMSA became aware of after the special permits were initially\ngranted, PHMSA has determined that interim pressure limits and other remedial actions to\naddress the potential low yield strength issues are necessary as part of the implementation of the\nspecial permit conditions to ensure the purpose of the conditions is met prior to implementing the\nalternative MAOP and to ensure the pipelines can be safely operated.\nHaving agreed that modification of the special permits to include additional conditions is\nnecessary to address the potential low yield strength issue described above, Boardwalk agrees as\nfollows:\nI. General Provisions\n1. Boardwalk acknowledges that, as operator of the specified pipelines. Boardwalk and its\npipeline systems are subject to the jurisdiction of the pipeline safety laws, 49 U.S.C. 60101 et\n\n<<<PAGE 4>>>\n\nseq., and regulations and administrative orders issued thereunder. Boardwalk and PHMSA\nhereby agree to the additional conditions set forth in this Agreement modifying the special\npermits and each party waives its rights to contest the validity of this Agreement. Boardwalk\nfurther waives any further procedural requirements it would otherwise have the opportunity to\navail itself of under 49 C.F.R. § 190.341(h) in connection with the special permit modifications\nset forth in this Agreement, including any rights to administrative or judicial hearings or appeals.\n2. Boardwalk agrees that the potential low yield strength issues described above exist and\nagrees to address them by completing the actions specified in Section II of this Agreement\n(Additional Special Permit Conditions) including any work plans and schedules which 'shall\nautomatically be incorporated into this Agreement, certain aspects of which are subject to ftirther\ndiscussion and mutual agreement of PHMSA and Boardwalk. This Agreement shall apply to and\nbe binding upon Boardwalk, its officers, directors, and employees, and its successors, assigns, or\nother entities or persons otherwise bound by law. Boardwalk agrees to provide a copy of this\nAgreement and any incorporated work plans and schedules to all of its officers, employees, and\nagents whose duties might reasonably include compliance with this agreement.\n3. For all transfers of ownership or operating responsibility of the specified pipelines,\nBoardwalk shall provide a copy of this Agreement to the prospective transferee at least 30 days\nprior to such transfer and simultaneously provide written notice of the prospective transfer to\nPHMSA.\n4. Nothing in this Agreement affects or relieves Boardwalk of its responsibility to comply\nwith all applicable requirements of the pipeline safety laws, 49 U.S.C. § 60101 et seq., and\nregulations and orders issued thereunder. Nothing in this Agreement alters PHMSA's right of\naccess, entry, inspection, and information gathering or PHMSA's authority to bring enforcement\nactions against Boardwalk pursuant to the pipeline safety laws, 49 U.S.C. § 60101 et seq.,\nregulations or orders issued thereunder, or any other provision of Federal or State law.\n5. This Agreement does not waive or modify any other Federal, State, or local laws or\nregulations applicable to Boardwalk's pipeline systems. Boardwalk is responsible for achieving\nand maintaining compliance with all applicable Federal, State, and local laws, regulations and\npermits.\n6. This Agreement does not create rights in, or grant any cause of action to, any third party\nnot party to this Agreement. The U.S. Department of Transportation is not liable for any injuries\nor damages to persons or property arising from acts or omissions of Boardwalk or its officers,\nemployees, or agents carrying out the work required by this Agreement. The U.S. Department of\nTransportation, its officers, employees, agents, and representatives are not liable for any cause of\naction arising from any acts or omissions of Boardwalk or its contractors in carrying out the\nwork required by this Agreement.\nII. Additional Special Permit Conditions\nEast Texas to Mississippi, Southeast Expansion, Mississippi Loop, Gulf Crossing, Fayetteville\nand Greenville Lateral Projects (Project(s))\n\n<<<PAGE 5>>>\n\n1. Boardwalk is approved to operate its pipeline systems or segment(s) per the \"Interim\nOperating Pressure\" as defined in Table 1. Boardwalk must limit the operation of each\npipeline project segment at or below the \"Interim Operating Pressure\" until each such\npipeline segment has met the conditions contained within this Agreement. This pressure\nrestriction will remain in effect until written approval to increase the pressure is obtained\nfrom the Director, Engineering and Emergency Support as set forth in Item 16.\n\"Project'''\nEast Texas to MS\n(PHMSA- 2006-\n26533)\nEast Texas to MS\n(PHMSA- 2006-\n26533)\nEast Texas to MS\n(PHMSA- 2006-\n26533)\nEast Texas to MS\n(PHMSA- 2006-\n26533)\nSoutheast Expansion\n(PHMSA- 2007-\n28994)\nMississippi Loop\n(PHMSA- 2008-0068)\nGulfCrossing\n(PHMSA-2008-0068)\nGulfCrossing\n(PHMSA- 2008-0068)\nGulfCrossing\n(PHMSA-2008-0068)\nGulfCrossing\n(PHMSA- 2008-0068)\nGulfCrossing\n(PHMSA- 2008-0068)\nFayetteville\n(PHMSA-2008-0067)\nFayetteville\n(PHMSA- 2008-0067)\nGreenville\n(PHMSA-2008-0067)\nEast Texas to MS\n(PHMSA-2006-\n26533)\nTable 1 - Listing\nof Segments and Pressure Limitations\n\"Segmeni\"\nCarthage Junction CS to Hall\nSummit\nHall Summit to Vixen CS\nVixen CS to Tallulah CS\nTallulah CS to Harrisville CS\nEntire line (HarrisvilleCS 1 0\nTransco 85)\nEntire line\nSherman to Bennington^\nBennington to Paris\nParis to Mira\nMira to Sterlington\nSterlington to Tallulah\nGrand View to Bald Knob\nBald Knob to Lula\nGreenville to Kosciusko\n36\" Carthage Header\nPHMSA Region\nSouthwest\nSouthwest\nSouthwest\nSouthwest/Southern\nSouthern\nSouthwest/Southern\nSouthwest\nSouthwest\nSouthwest\nSouthwest\nSouthwest\nSouthwest\nSouthwest/Southern\nSouthern\nSouthwest\nInterim\nOperating\nPressure\n(Psig)\n1.066\n964\n1.058\n1,072\n1065\n1340\n1340\n1340\n1032\n1032\n902\n1050\n810\n1050\n1204\nInterim\nPercent of\n% SMYS\n64%\n58%\n63%\n57%\n57%\n72%\n72%\n72%\n55%\n55%\n48%\n72%\n52%\n72%\n72%\n72'%\nSMYS\n(psig)\n1,200\n1,200\n1,200\n1,340\n1340\n1340\n1340\n1340\n1340\n1340\n1340\n1050\n1125\n1050\n1204\nA '•'Project\" is defined as a complete pipeline project and all of its segments.\n^ A \"Segment\" is defined as a section of pipe between defined points, compressor stations or the entire pipeline.\n^ The 72% SMYS used in the pressure calculations in Table fare based upon X70 (70,000 psi yield strength) pipe.\nIf through testing under this agreement it is determined that X70 is not the appropriate strength value to use the table\nwill be amended accordingly.\n* The Mississippi Loop Pipeline and GulfCrossing Pipeline segments - Sherman to Bennington and Bennington to\nParis - do not have any expanded pipe in them based upon either removal of pipe or Deformation tool results.\n\n<<<PAGE 6>>>\n\nActions that must be taken prior to increasing the pressure above the \"Interim Operating\nPressure\" up to 72% SMYS\n2. Prior to being allowed to operate any pipeline segment up to 72% specified minimum yield\nstrength (SMYS) (as defined in Table 1) Boardwalk must evaluate that pipeline segment with\na high resolution deformation tool specifically for identifying potentially expanded pipe.\nOnce the pipeline deformation tool results from the Fayetteville and Greenville Lateral\nPipelines^ become available and are evaluated which is anticipated to occur during the\nsummer of 2009, Boardwalk may elect to submit an alternative plan for remediating the\nFayetteville and Greenville Lateral Pipelines. In such event, PHMSA will review and assess\nsuch plan, including reviewing the \"Proposed Interim Operating Pressures\" identified above.\n3. Unless otherwise agreed to in writing by PHMSA or as set forth herein. Boardwalk must cut\nout all expanded pipe over API 5L tolerances on expansion, 0.25\" or 0.60% of diameter for\n42-inch pipe and 0.27-inch or 0.75% of diameter for 36-inch pipe. After cutting out the\nexpanded pipe in any given segment. Boardwalk may request to operate that segment up to\n72 percent SMYS. Boardwalk must submit requests to modify this agreement or to increase\noperating pressures in accordance with Item 16 below.\n4. Boardwalk must submit a \"Construction Plan\" to the Director, Engineering and Emergency\nSupport with copies to the Directors, PHMSA Southern and Southwestern Regions. The plan\nshould contain any planned deformation tool runs and updated with the schedules for\nremoval of any identified expanded pipe. For purposes of this Agreement, a Construction\nPlan shall mean the weekly reports that Boardwalk currently submits that outlines the work\nanticipated to occur during the following week. Boardwalk is to submit these Construction\nPlans each week.\n5. The Construction Plan referenced in Item 4 must address the removal of the pipe joints\ncontaining the three horizontal directional drill anomalies identified on the 42-inch East\nTexas to Mississippi Pipeline^ that appear to have expansion of approximately 1.0% to 2.25\n%, five horizontal directional drill (HDD) anomalies on the 42-inch Southeast Expansion\nPipeline^ that appear to have an expansion of approximately 1.0%, and one horizontal\ndirectional drill anomaly on the Gulf Crossing Pipeline* that may have an expansion of\napproximately 1.0%.\n' The 36\" Fayetteville Lateral deformation tool run is scheduled for May 28 on the 66 mile section from Grandview\nto Bald Knob, AR. The 36\" Greenville Lateral deformation tool run is scheduled for June 2 on the 97 mile section\nfrom Greenville to Kosciusko, MS. The 36\" Carthage Header (part of the East Texas to Mississippi Pipeline\nProject) deformation tool run is scheduled for the week of May 4 for the entire 3 mile segment.\n* The 42-inch East Texas to Mississippi Pipeline, Hall Summit to Vixen segment, has the following anomalies in\nHDDs: a) Saline Bayou West - 2 anomalies, b) Saline Bayou East - 1 anomaly, c) Dugdemona Creek - 1 anomaly.\n^ The 42-inch Southeast Expansion Pipeline has the following anomalies in HDDs: a) Campbell Creek - 1 anomaly,\nb) Leaf River - I anomaly, c) West Tallahalla Creek - 1 anomaly, d) Tallahalla Creek - 1 anomaly, and e) County\nRoad 613-1 anomaly.\n* The 42-inch GulfCrossing Pipeline, Mira to Sterlington segment, has the following anomaly in a HDD: a)\nDorcheat Bayou - 1 anomaly.\n\n<<<PAGE 7>>>\n\n6. If any pipe that has been identified as \"Expanded\" (as defined in Item 3) is not removed,\nincluding any of the joints identified in Item 5, Boardwalk must submit to the Director,\nEngineering and Emergency Support with copies to the Directors, PHMSA Southern and\nSouthwestern Regions, a technical justification why the expanded pipe can be operated safely\nat the higher operating pressures.\nActions that must be taken prior to increasing the pressure above the 72% SMYS up to MAOP\nSpecial Permit Conditions.\n7. Boardwalk must continue with testing of pipe removed from the subject segments in order to\nestablish the serviceability up to 80% SMYS operating parameters. For each 42-inch and 36-\ninch pipe steel supplier, rolling campaign, and slab source with an identified pipe expansion:\na) A minimum of 4 pipe joints must be tested showing no expansion after hydrotest';\nb) A minimum of 4 pipe joints must be tested showing expansion between 0.6% of\ndiameter\"' (0.75% of diameter for the 36\" pipe) to 1.0% expansion after hydrotest;\nc) A minimum of 4 pipe joints must be tested showing expansion between > 1.0 % to 2.0%\nexpansion hydrotest;\nd) All pipe joints must be tested showing expansion greater than 2.0 % expansion after\nhydrotest;\ne) A minimum of 4 pipe joints must be tested that have not previously been hydrotested;\nf) If less than 4 pipe joints exists for a category listed above, only those meeting criteria that\nare removed will be tested.\ng) The total test pipe joints for non-expanded pipe in Items 7 (a) and (e), must total at least\n10% of the removed expanded pipe joints for each such category, i.e. pipe supplier,\nrolling campaign and slab source.\nA metallurgical examination must be conducted including mechanical (yield, tensile,\nhardness, elongation, charpy impact and if necessary, drop weight tear test- DWTT),\nchemical composition, and cross-sectional and grain size. Test coupons (transverse) must be\ntaken from 2 distant locations down the pipe joint for each metallurgical test item listed\nabove and opposite the pipe seam. This testing must include full destructive testing as set\nforth in API 5L.\n8. Boardwalk must continue to test pipe cut out from the pipeline segments as set forth above,\nto determine a \"Technical Fitness for Purpose Repair and Operating Plan\". This \"Technical\nFitness for Purpose Repair and Operating Plan\" must be submitted to PHMSA within 180\ndays of operating each pipeline up to 72% SMYS. Until this plan is accepted, Boardwalk\nmust limit operation of each pipeline segment at a pressure of at or below 72% SMYS.\nBoardwalk must submit requests to modify this Agreement or to increase operating pressures\nin accordance with Item 16 below.\n9. Boardwalk must incorporate Items 10, 11 and 12 below into their O & M Plan or\nConstruction Plan, as applicable, for each such segment.\n' The hydrotest parameters are specified i n the Special Permit.\n'\" 0.6% equals 0.25\" for 42\" pipe.\n\n<<<PAGE 8>>>\n\n10. Boardwalk must run close interval surveys (CIS) and remediate the pipe in each segment in\naccordance with 49 CFR Part 192 on a periodic basis not to exceed 45 months.\n11. Boardwalk must run ILI Tools to evaluate for metal loss anomalies within 18 months of\nremoving expanded pipe from each pipeline Project or segment.\n12. Boardwalk must evaluate^^ all metal loss anomalies found on these pipeline segments in\naccordance with the following criteria until the Technical Fitness for Purpose Repair and\nOperating Plan is implemented. All anomaly evaluations and repairs for the 72% SMYS\noperations in the special permit segment, regardless of HCA status, must be performed, based\nupon the following:\na) Anomaly Response Time: Immediately\n• Any anomaly within a segment operating up to 72% SMYS with either: (1) a failure\npressure ratio (FPR) equal to or less than 1.25; (2) an anomaly depth equal to or\ngreater than 50% wall thickness loss.\n• Any anomaly within a segment operating up to 60% SMYS with either: (1) an FPR\nequal to or less than 1.40; (2) an anomaly depth equal to or greater than 50% wall\nthickness loss.\n• Any anomaly within a segment operating up to 50% SMYS with either: (1) an FPR\nequal to or less than 1.5; (2) an anomaly depth equal to or greater than 50% wall\nthickness loss.\nb) Anomaly Response Time: Repair Within One Year\n• Any anomaly within a segment operating at up to 72% SMYS with either: (I) an\nFPR equal to or less than 1.39; (2) an anomaly depth equal to or greater than 40%\nwall thickness loss.\n• Any anomaly within a segment operating at up to 60% SMYS with either: (I) an\nFPR equal to or less than 1.67; (2) an anomaly depth equal to or greater than 40%\nwall thickness loss.\n• Any anomaly within a segment operating at up 50% SMYS with either: (1) an FPR\nequal to or less than 2.0; (2) an anomaly depth equal to or greater than 40% wall\nthickness loss.\nc) Anomaly Response Time: Monitored Conditions\n• Anomalies not requiring immediate or one year repairs above must be reassessed\naccording to 49 CFR Part 192, Subpart O reassessment intervals.\n• Each anomaly not repaired under the immediate repair requirements must have a\ncorrosion growth rate and ILI tool tolerance assigned per Boardwalk's Gas Integrity\nManagement Program (IMP) to determine the maximum re-inspection interval.\nd) Anomaly Assessment Methods\n• Boardwalk must confirm the remaining strength (R-STRENG) effective area\nmethod, R-STRENG - 0.85dL, and ASME B31G assessment methods are valid for\nthe pipe diameter, wall, thickness, grade, operating pressure, operating stress level,\nand operating temperature. Boardwalk must use the most conservative method until\n\" Evaluate means to review ILI data, excavate indication, evaluate (measure) actual anomaly and take appropriate\nrepair actions.\n\n<<<PAGE 9>>>\n\nconfirmation of the proper method is made to the Director, Engineering and\nEmergency Support with copies to the Directors, PHMSA Southern and\nSouthwestern Regions.\n13. Boardwalk must complete the 36-inch Fayetteville Lateral Pipeline Project girth weld\ninspection and remediation plan as outlined below prior to operating the applicable segments\nabove 72% SMYS as documented in Table 1.\nFayetteville Lateral Project Girth Weld Inspection and Remediation Protocol\nPhase I - Program Development\n1. Boardwalk must review the welding, weld repair and nondestructive testing\n(NDT) procedures that were used for the repair of the girth weld that failed\nduring hydrostatic testing to ensure there are no technical problems with the\nprocedures.\n2. Boardwalk must review the Fayetteville Lateral Project construction records\nto identify, locate and catalog all girth weld repairs completed with the same\nprocedures used on the failed girth weld.\n3. Boardwalk must review the Fayetteville Lateral Project specifications and\nconstruction records regarding the actual placement of supports underneath\nthe pipe at tie-ins, over-bends, sag-bends, and other areas of high stress to\nensure that high stresses are not occurring on the Fayetteville Lateral Project\nas a result of inadequate pipe support.\n4. The girth weld inspection and remediation program must include the\nnondestructive testing (NDT) and repair (if necessary) of girth welds along the\nFayetteville Lateral Project with special emphasis on those areas of the\npipeline subjected to the highest external loading. Boardwalk must identify,\ninvestigate and where necessary remediate previously repaired girth welds\nthat meet the following criteria:\na) On any previously repaired girth weld where welding and/or NDT\nprocedures may not have been properly followed;\nb) On any repaired girth welds in the vicinity of the failed girth weld with a\nminimum re-inspection of three repaired girth welds upstream and three\ndownstream of the failed girth weld;\nc) On any repaired girth welds in agricultural areas where heavy farm\nequipment may add to overburden stresses;\nd) On any repaired girth welds on the top and bottom of the pipe; and\ne) On any repaired girth welds near over-bends or sag-bends.\n5. Boardwalk must submit the findings of the \"Fayetteville Lateral Project Girth\nWeld Inspection and Remediation Protocol\" Items 1, 2 and 3 above and the\n\n<<<PAGE 10>>>\n\nframework of the girth weld inspection and remediation program (Item 4) to\nthe Director, Engineering and Emergency Support with copies to the\nDirectors, PHMSA Southern and Southwestern Regions for review prior to\nbeginning any excavations.\nPhase II - Program Implementation\n1. Boardwalk must implement the program as described above.\n2. If problems are discovered after the girth weld inspection and remediation\nprogram is implemented. Boardwalk must also address each of the following,\nas required:\n(a) Repair girth welds on hilltops;\n(b) Repair girth welds where hi-lo pipe alignment issues were not resolved by\nshims;\n(c) Repair girth welds at excessive depth locations;\n(d) Repair girth welds in the downstream section of compressor stations; and\n(e) Repair girth welds in other areas determined to be of high risk fi-om\nexcessive external forces such as bored crossings of highways/railroads and at\nvalve settings.\n3. Boardwalk must submit all the findings and results of the girth weld inspection\nand remediation program to the Director, Engineering and Emergency Support\nwith copies to the Directors, PHMSA Southern and Southwestern Regions for\nreview.\n14. Should Boardwalk find, through the deformation tool evaluations and excavations of the\nidentified anomalies, or develop any additional information, whether through the\ninvestigation or testing described otherwise herein, that may technically warrant a\nmodification of any of the provisions of this agreement. Boardwalk may notify the Director,\nEngineering and Emergency Support with copies to the Directors, Southern and\nSouthwestern Regions of these findings and request approval of the proposed modifications.\n15. Boardwalk is to submit quarteriy reports to the Director, Engineering and Emergency\nSupport with copies to the Directors, Southern and Southwestern Regions that: (1) include\navailable data and results of the testing and evaluations required by this Agreement; and (2)\ndescribe the progress of the repairs and other remedial actions being undertaken. The first\nquarterly report shall be due June 1, 2009.\n16. The Director may allow the removal or modification of the pressure restriction set forth in\nthe Agreement upon a written request from Boardwalk demonstrating that the potentially low\nyield strength risk has been abated and that restoring the affected pipeline, or portion thereof,\nto its otherwise applicable MAOP is justified based on a reliable engineering analysis or\nother mutually agreeable data, including industry publications or studies showdng that the\npressure increase is safe considering all known physical properties, and operating parameters\nof the pipeline.\n\n<<<PAGE 11>>>\n\nIII. Relationship to Original MAOP Special Permits\nThe additional conditions set forth in this Agreement are in addition to the conditions in the\noriginal special permits and Boardwalk must comply with both the original special permit terms\nand this Agreement. To the extent a term or condition in the original special permit and this\nAgreement are in conflict, the condition in this Agreement is controlling.\nIV. Review and Approval Process\nAll submissions required or allowed under this Agreement should be submitted electronically in\nthe absence of good cause to do otherwise. With respect to each submission that under this\nAgreement requires the approval of the Director, Engineering and Emergency Support, the\nDirector may: (a) approve, in whole or in part, the submission, (b) approve the submission on\nspecified conditions, (c) disapprove, in whole or in part, the submission, or (d) any combination\nof the foregoing. In the event of approval, approval in part, or approval with conditions,\nBoardwalk will proceed to take all action required by the submission as approved by the\nDirector. In the event that the Director disapproves all or any portion of the submission, the\nDirector will provide Boardwalk with prompt written notice of the deficiencies and the specific\nadditional action needed to obtain approval. Boardwalk will correct all deficiencies within the\nreasonable time specified by the Director and resubmit it for approval.\nV. Enforcement\nThis Agreement is incorporated into the special permits issued by PHMSA for the specified\npipelines and is subject to all enforcement authorities available to PHMSA under 49 U.S.C. §\n60101 et seq. and 49 C.F.R. Part 190, including administrative civil penalties under § 60122 of\nup to $100,000 per violation for each day the violation continues, if PHMSA determines that\nBoardwalk is not proceeding in accordance with terms of the agreement, determinations made by\nthe Regional Director, or if appealed, decisions of the Associate Administrator. Any work plans\nand associated schedules shall be automatically incorporated into this Agreement and are\nenforceable in the same manner. Notwithstanding anything herein. Boardwalk shall have all of\nits legal rights to challenge, appeal or otherwise contest any proposed enforcement authority\nasserted for alleged non-compliance with this Agreement.\nVI. Modification\nThe terms of this Agreement may be modified by mutual agreement of the parties. Such\nmodifications shall be in writing and shall be signed by both parties.\nVII. Termination\nThis Agreement shall terminate upon the completion of all terms set forth in Section II\n(Additional Special Permit Conditions). Boardwalk may request written confirmation fi-om\nPHMSA when this Agreement is terminated. To the extent ongoing monitoring is required,\n\n<<<PAGE 12>>>\n\n10\nPHMSA may terminate this Agreement with respect to all other requirements with the exception\nof such monitoring. Nothing in this Agreement prevents Boardwalk from completing any of the\nobligations earlier than the deadlines provided for herein.\nVIIL Ratification\nThe parties undersigned representatives certify that they are fully authorized to enter into the\nterms and conditions of this Agreement and to execute and legally bind such party to this\ndocument.\nOn behalf of Boardwalk, I hereby agree to all conditions and terms of this Agreement and agree\nto implement this Agreement on the referenced pipeline projects and segments.\nWalter Bennett\nSenior Vice President of Operations\nBoardwalk Pipeline Partners, LP\nDate\nI-OJZ\nJeffrey D. Wiese\nAssociate Administrator for Pipeline Safety\nDate","truncated":false,"body_characters":31263}