{"operation":"document","citation":"CPF 120131012W","title":"CENTRAL NEW YORK OIL AND GAS CO LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-08-08","effective_on":null,"summary":"CLOSED warning letter citing 192.491(c), 192.709(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120131012W","body":"Warning Letter involving CENTRAL NEW YORK OIL AND GAS CO LLC. PHMSA's enforcement data identifies the cited regulations as 192.491(c),  192.709(c). The case was opened on 2013-08-08 and is reported as closed as of 2013-08-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120131012W_Warning Letter_08082013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131012W/120131012W_Warning%20Letter_08082013.pdf\n\n120131012W_Warning Letter_08082013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131012W/120131012W_Warning%20Letter_08082013_text.pdf\n\n120131012W_Warning Letter_08082013_text.pdf\n\nU.S. Department Of Transportation Pipeline and 609.989.2171\nHazardous Materials\nSafety Administration\n820 Bear Tavern Road, Suite 103\nWest Trenton, NJ 08628\nWARNING LETTER\nEXPRESS OVERNIGHT DELIVERY\nAugust 8, 2013\nMr. Barry Cigich, VP Ops & Engineering\nInergy Midstream.\nTwo Brush Creek Boulevard, Suite 200\nKansas City, MO 64112\nCPF 1-2013-1012W\nDear Mr. Cigich:\nFrom March 26-30, 2012, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the Central New York Oil and Gas\n(CNYOG) pipeline facilities’ (a subsidiary of Inergy Midstream), procedures and records in Bradford\nCounty, PA, and Owego, NY.\nAs a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety\nRegulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:\n1. §192.709 Transmission lines; record keeping.\nEach Operator shall maintain the following records for transmission lines for the period specified:\n(c) A record of each patrol, survey, inspection, and test required by subparts l and M of this part\nfor at least 5 years or until the next patrol, survey, inspection or test is completed, whichever is\nlonger.\nCNYOG failed to maintain a record of leak surveys conducted on the pipeline for 2009 and 2010 as\nrequired by §192.706. Pursuant to §192.706, leakage surveys of a transmission line must be conducted at\nintervals not exceeding 15 months, but at least once each calendar year.\nThe PHMSA inspector requested leakage survey inspection records for the period 2008-2011. CNYOG\nproduced records for 2007 and 2011, but not for 2009 and 2010. This finding was discussed with the\noperator during the exit interview on 3/29/2012.\nCNYOG remarked that they were sure that the survey was done, but the employee who conducted the\ninspection has since been seriously ill and incapacitated; and the records could not be retrieved.\n2. §192.491 Corrosion control records.\n(c) Each operator shall maintain a record of each test, survey, or inspection required by this\nsubpart in sufficient detail to demonstrate the adequacy of corrosion control measures or that a\ncorrosive condition does not exist. These records must be retained for at least 5 years, except that\nrecords related to §192.465 (a) and (e) and 192.475(b) must be retained for as long as the pipeline\nremains in service.\n\n\n\n1-2013-1012W\nCNYOG failed to maintain records of annual cathodic protection surveys as required by §192.491(c) for\n2009, for each test, or inspection required by §192.465(a).\nThe PHMSA inspector asked CNYOG to provide annual cathodic protection (CP) survey records, but\nCNYOG could only provide records for 2010 and 2011. This finding was discussed with CNYOG in the\nexit interview on 3/29/2012.\n3. §192.709 Transmission lines; record keeping.\nEach Operator shall maintain the following records for transmission lines for the period specified:\n(c) A record of each patrol, survey, inspection, and test required by subparts I and M of this part\nfor at least 5 years or until the next patrol, survey, inspection or test is completed, whichever is\nlonger\nCNYOG failed to maintain valve inspection records for 2009 and 2010 as required by §192.709(c), for\neach test, and inspection required by §192.745(a).\nThe PHMSA inspector asked CNYOG to provide the annual valve inspection records, but CNYOG could\nonly provide records for 2011. This finding was discussed with CNYOG in the exit interview on\n3/29/2012.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, 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 decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We advise you to\ncorrect the items identified in this letter. Failure to do so will result in CNYOG being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence on this matter, please\nrefer to CPF 1-2013-1012W and for each document you submit, please provide a copy in electronic\nformat whenever possible. Smaller files may be emailed to Byron.Coy@dot.gov. Larger files should be\nsent on a CD accompanied by the original paper copy to the Eastern Region Office.\nBe advised that all material you submit in response to this enforcement action is subject to being made\npublicly available. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second\ncopy of the document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment under 5\nU.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120131012W WL 08082013 Page 2 of 2","truncated":false,"body_characters":6022}