{"operation":"document","citation":"CPF 120131033W","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":"2013-12-05","effective_on":null,"summary":"CLOSED warning letter citing 192.616(a), 192.616(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131033w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131033w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120131033w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120131033W","body":"Warning Letter involving CENTRAL NEW YORK OIL AND GAS CO LLC. PHMSA's enforcement data identifies the cited regulations as 192.616(a),  192.616(i). The case was opened on 2013-12-05 and is reported as closed as of 2013-12-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120131033W_Warning Letter_12052013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131033W/120131033W_Warning%20Letter_12052013.pdf\n\n120131033W_Warning Letter_12052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120131033W/120131033W_Warning%20Letter_12052013_text.pdf\n\n120131033W_Warning Letter_12052013_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\nDecember 5, 2013\nMr. Barry Cigich\nVice President Operations and Engineering\nCrestwood Midstream LLC\nTwo Brush Creek Boulevard, Suite 200\nKansas City, MO 64112\nCPF 1-2013-1033W\nDear Mr. Cigich:\nBetween August 27-31, 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 Central New York Oil\n& Gas Corporation (CNYOG) public awareness program at the Owego, NY facilities.\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 violation(s) 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.\nCNYOG failed to provide documentation under §192.616(i), related to the general program\ndocumentation recommendations under API RP 1162 Section 7.2 Program Recording, for the\noperator’s annual audit, or review, of its Public Awareness Program under API RP 1162 Section\n8.\nCNYOG could not provide documentation of the program annual audit/review.\nAPI RP 1162, Section 7.2 states that:\n\n\n\n120131033W\n“The operator should maintain records of key program elements to demonstrate the level of\nimplementation of its Public Awareness Program…”\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?...?\nCNYOG could not provide documentation to support that they conducted annual 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).\nCNYOG failed to follow the general program recommendations of API RP 1162 Section 8.4.2,\nto perform an effectiveness survey/evaluation about every four years.\nCNYOG did not conduct any part of the required effectiveness evaluation elements within four\nyears of implementing its program.\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…”\nCNYOG representatives said that they did not conduct effectiveness evaluations.\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\n120131033W_Warning Letter_12052013 Page 2 of 3\n\n\n\n120131033W\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in CNYOG being subject to additional enforcement 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 1-2013-1033W. 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\n120131033W_Warning Letter_12052013 Page 3 of 3","truncated":false,"body_characters":6028}