{"operation":"document","citation":"CPF 120131031W","title":"STEUBEN GAS STORAGE COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-11-26","effective_on":null,"summary":"CLOSED warning letter citing 192.616(a), 192.616(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131031w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131031w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131031w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120131031W","body":"Warning Letter involving STEUBEN GAS STORAGE COMPANY. PHMSA's enforcement data identifies the cited regulations as 192.616(a),  192.616(i). The case was opened on 2013-11-26 and is reported as closed as of 2013-11-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120131031W_Warning Letter_11262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131031W/120131031W_Warning%20Letter_11262013.pdf\n\n120131031W_Warning Letter_11262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131031W/120131031W_Warning%20Letter_11262013_text.pdf\n\n120131031W_Warning Letter_11262013_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 MAIL\nNovember 26, 2013\nMr. Barry Cigich\nVice President Operations and Engineering\nInergy Midstream\nTwo Brush Creek Boulevard, Suite 200\nKansas City, MO 64112\nCPF 1-2013-1031W\nDear Mr. Cigich:\nBetween August 27-30, 2012, inspectors from the New York State Department of Public Service\n(NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the Steuben Gas Storage\nCompany (Steuben Gas) public awareness program at Steuben Gas Storage facilities in\nCanisteo, NY 14823.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §192.616 Public Awareness\n(a)…\n(i) The operator's program documentation and evaluation results must be available for\nperiodic review by appropriate regulatory agencies.\n\n\n\n1-2013-1031W\nSteuben Gas failed to provide documentation under §192.616(i), related to the general program\ndocumentation recommendations under API 1162 Section 7.2 Program Recording, for API RP\n1162 Section 8.3, for conducting a program evaluation.\nSteuben Gas could not provide documentation that it conducted the required annual audits or\nreviews.\nAPI RP 1162 Section 8.3 Measuring Program Implementation states that:\n“The operator should complete an annual audit or review of whether the program has been\ndeveloped and implemented according to the guidelines in this RP…” and “- Has the public\nAwareness Program been developed and written to address the objectives, elements and\nbaseline schedule as described Section 2 and remainder of this RP?” and “- Has the Public\nAwareness Program been implemented and documented according to the written\nprogram?...?\nSteuben Gas did not provide documentation to support that they conducted the annual audits\nor reviews.\n2. §192.616 Public awareness\n(a) Except for an operator of a master meter or petroleum gas system covered under\nparagraph (j) of this section, each pipeline operator must develop and implement a written\ncontinuing public education program that follows the guidance provided in the American\nPetroleum Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference,\nsee § 192.7).\nSteuben Gas failed to follow the general program recommendations of API RP 1162 Section\n8.4.2, and failed to perform the effectiveness evaluations.\nSteuben Gas did not conduct any part of the required effectiveness evaluation for API RP 1162\nSection 8.4.2.\nAPI RP 1162 Section 8.4.2 Measure 2– Understandability of the Content Message states that:\n“Program effectiveness surveys are meant to validate the operator’s methodologies and the\ncontent of the materials used. Upon initial survey, improvements should be incorporated into\nthe program based on the results. Once validated in this initial manner, a program\neffectiveness survey is only required about every four years. However, when the operator\nintroduces major design changes in its Public Awareness Program a survey to validate the\nnew approaches may be warranted…”\nSteuben Gas did not provide documentation to support that they conducted the annual or the four\nyear effectiveness evaluations.\n120131031W_Warning Ltr_11262013 Page 2 of 3\n\n\n\n1-2013-1031W\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in Steuben Gas Storage Company being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, please address your correspondence to:\nByron Coy, PE, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103, W.\nTrenton, NJ 08628 and please refer to CPF 1-2013-1031W. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe 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\nunder 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern\nPipeline and Hazardous Materials Safety Administration\nCc: Kevin Speicher, NYSDPS\n120131031W_Warning Ltr_11262013 Page 3 of 3","truncated":false,"body_characters":5900}