{"operation":"document","citation":"CPF 120131019W","title":"EQUITRANS MIDSTREAM CORPORATION — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-10-25","effective_on":null,"summary":"CLOSED warning letter citing 192.616(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131019w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131019w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131019w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120131019W","body":"Warning Letter involving EQUITRANS MIDSTREAM CORPORATION. PHMSA's enforcement data identifies the cited regulation as 192.616(a). The case was opened on 2013-10-25 and is reported as closed as of 2013-10-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120131019W_Warning Letter_10252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131019W/120131019W_Warning%20Letter_10252013.pdf\n\n120131019W_Warning Letter_10252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131019W/120131019W_Warning%20Letter_10252013_text.pdf\n\n120131019W_Warning Letter_10252013_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\nOVERNIGHT EXPRESS MAIL\nOctober 25, 2013\nRobert J. Cooper\nVice President, Engineering\nEQT Midstream\n625 Liberty Avenue\nPittsburgh, PA 15222\nCPF 1-2013-1019W\nDear Mr. Cooper:\nFrom September 25 to 27, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States\nCode inspected EQT Midstream’s (EQT) Public Awareness Program titled Public Awareness Program,\nRevision 5, September 10, 2012 (Public Awareness Program), in Pittsburgh, Pennsylvania.\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. §192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system covered under paragraph\n(j) of this section, each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\nEQT failed to develop a written continuing public education program that followed the guidance in API RP\n1162 Section 4.4.3.\nAPI RP 1162 Section 4.4.3 Emergency Preparedness Response Plans states that “[t]he operator should\ninclude information about how emergency officials can access the operator’s emergency response plans\ncovering their jurisdiction.” EQT’s Public Awareness Program and materials provided to emergency\nofficials did not contain information on how emergency officials can access EQT’s emergency response\nplans.\n\n\n\n1-2013-1019W\n2. §192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system covered under paragraph\n(j) of this section, each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\nEQT failed to develop a written continuing public education program that followed the guidance in API RP\n1162 Section 4.11.\nAPI RP 11162 Section 4.11 Security states that “pipeline operators should communicate an overview\npertaining to security of their pipelines and related facilities.” The Public Awareness Program and materials\nprovided to stakeholders did not contain information pertaining to security.\n3. §192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system covered under paragraph\n(j) of this section, each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum Institute's\n(API) Recommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\nEQT failed to develop a written continuing public education program that followed the guidance in API RP\n1162 Section 4.12.\nAPI RP 1162 Section 4.12 Facility Purpose states:\nWhere appropriate, communication with the affected public and emergency and public\nofficials in proximity to major facilities (such as storage facilities, compressor or pump\nstations) should include information to promote understanding of the nature of the facility.\nOperators should communicate general information regarding the facility and product(s)\nstored or transported through the facility.\nDuring the inspection, EQT indicated that it has major facilities such as: transmission lines, gathering lines,\nand compressor stations that are in proximity to the public. However, EQT’s Public Awareness Program did\nnot include a written process on how or where it would communicate information regarding its facilities and\nproduct stored or transported through its facilities to all stakeholders. In addition, EQT material provided to\nthe affected public, emergency and public officials did not contain information on major facilities and areas\nof the pipe that are not odorized.\n4. §192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system covered under paragraph\n(j) of this section, each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 192.7).\nEQT failed to develop a written continuing public education program that followed the guidance in API RP\n1162 Section 8.4.2.\nAPI RP 1162 Section 8.4.2 Measure 2 – Understandability of the Content of the Message specifies that\n“[o]perators should pre-test public awareness materials for their appeal and thee messages for their clarity,\nunderstandability and retain-ability before they are widely used.” EQT did not have a documented process\nfor pre-testing public awareness materials.\n120131019W_Warning Letter_10252013 Page 2 of 3\n\n\n\n1-2013-1019W\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. For\nviolations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation\nper day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case, and have decided not to conduct\nadditional enforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitems identified in this letter. Failure to do so will result in EQT being subject to additional enforcement\naction.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2013-1019W. Please send all correspondence in this matter to Byron Coy, PE, Director, PHMSA\nEastern Region, 820 Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you believe that\nany portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120131019W_Warning Letter_10252013 Page 3 of 3","truncated":false,"body_characters":7524}