{"operation":"document","citation":"CPF 120135023W","title":"KIANTONE PIPELINE CORP — 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 195.440(a), 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135023w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135023w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120135023w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120135023W","body":"Warning Letter involving KIANTONE PIPELINE CORP. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(c). 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\n120135023W_Warning Letter_10252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135023W/120135023W_Warning%20Letter_10252013.pdf\n\n120135023W_Warning Letter_10252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135023W/120135023W_Warning%20Letter_10252013_text.pdf\n\n120135023W_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\nFred Martin\nVice President of Supply and Transportation\nKiantone Pipeline Corporation\n15 Bradley Street\nWarren, PA 16365\nCPF 1-2013-5023W\nDear Mr. Martin:\nFrom August 14 to August 16, 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 the Kiantone Pipeline Corporation’s (Kiantone) Public Awareness Program titled United\nRefining Company/Kiantone Pipeline Corporation Public Awareness Program (Public Awareness Program),\nin West Seneca, New York.\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. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public education\nprogram that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nKiantone failed to develop a written continuing public education program that followed the guidance in API\nRP 1162 Section 4.\nAPI RP 1162 Section 4 Message Content states, “an operator should select the optimum combination of\nmessages, delivery methods, and frequency that meets the needs of the intended audience . . .\ncommunications materials should be provided in the language(s) spoken by a significant portion of the\nintended audience.”\nThe Public Awareness Program did not have a documented process for providing programs in language(s)\nspoken by a significant portion of the intended audience. There was no information on what data will be\n\n\n\n1-2013-5023W\nevaluated to determine which language the program should be in, the frequency of evaluation, and defining\nwhat the operator deems as “significant number and concentration”.\n2. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public education\nprogram that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nKiantone failed to develop a written continuing public education program that followed the guidance in API\nRP 1162 Section 4.3.4.\nAPI RP 1162 Section 4.3.4 states that “[i]nformation should describe the ongoing relationship between the\noperator and local emergency response officials to help prevent incidents and assure preparedness for\nemergencies.”\nThe Public Awareness Program and the materials sent to the affected public and excavators did not address\nthe relationship Kiantone has with the local emergency response officials to prevent incidents and assure\npreparedness for emergencies, as mentioned in Section 4.3.4 of API RP 1162.\n3. §195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public education\nprogram that follows the guidance provided in the American Petroleum Institute's (API)\nRecommended Practice (RP) 1162 (incorporated by reference, see § 195.3).\nKiantone failed to implement its written continuing education program, Public Awareness Program, Section\n6 Awareness Message. Specifically, Kiantone failed to implement Table 6.1 Message Frequencies & Format\nunder Section 6 of the Public Awareness Program, which provides the frequency of the baseline messages to\nall stakeholders.\nAccording to Table 6.1 Message Frequencies & Format, Kiantone must annually send baseline messages to\nall stakeholders. However, Kiantone did not provide all the baseline messages to all stakeholders on an\nannual basis. Kiantone’s baseline messages consisted of an annual meeting invitation package to local public\nofficials and excavators, a pamphlet listing dates for the state meetings (New York and Pennsylvania) and a\npipeline safety trifold brochure containing general pipeline safety information. The aforementioned did not\naddress how to get additional information from Kiantone and, recognize and respond to a leak and potential\nhazards associated with Kiantone’s pipeline/product(s). Only those that attended a meeting received specific\ninformation related to Kiantone’s facilities/products. Kiantone does not provide the information in any way\nto the stakeholders who do not attend, and not all of the stakeholders attend a meeting. Thus, all stakeholders\ndid not receive the baseline messages annually in accordance with the Public Awareness Program.\n4. §195.440 Public awareness.\n(a) …\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\nKiantone failed to follow the general program recommendations, including baseline and supplemental\nrequirements of API RP 1162 Section 4.3.1.\n120135023W_WL_10252013 2 of 6\n\n\n\n1-2013-5023W\nAPI RP 1162 Section 4.3.1 states that an operator must include “[i]nformation about specific release\ncharacteristics and potential hazards posed by hazardous liquids or gases” in the message content to the\naffected public and excavator stakeholders. The printed materials in Appendices C and D of the Public\nAwareness Program that were mailed to the affected public and excavators did not include information about\nthe product(s) it carried in the pipeline nor the potential hazards posed by these product(s). In addition, the\nannual meeting invitation sent to those excavators did not contain that information.\n5. §195.440 Public awareness.\n(a) . . .\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\nKiantone failed to follow the general program recommendations, including baseline and supplemental\nrequirements of API RP 1162 of Section 4.3.2.\nAPI RP 1162 Section 4.3.2 states that the information included in the message content must “address how to\nrecognize a pipeline leak through the senses of sight, unusual sound, and smell and describe any associated\ndangers as appropriate to the product type.” Kiantone, however, included information that was not\napplicable to its product and facilities.\nIn Appendix C of the Public Awareness Program there is a brochure named Safety Awareness Information\nfor Landowners. Under the section SIGNS OF A RELEASE of the Safety Awareness Information for\nLandowners brochure there a list. The list is divided into three senses: Sight, Sound and Smell. Under Sight\nit states, in part: “[d]irt blowing into the air and “[w]hite vapor cloud frozen area on ground. Under Smell it\nstates, in part: [n]atural gas is colorless and odorless- unless mercaptan has been added (rotten egg odor).”\nThese are characteristics related to natural gas which could be misleading to the affected public stakeholders\nbecause Kiantone does not transport natural gas. Additionally, Kiantone’s annual meeting invitation package\nfor excavator stakeholders contains similar misleading information. The annual meeting invitation package\nstates “[d]istribution lines can be made of either steel or high-strength plastic and provide the final link in\ndelivering the vital resources needed to heat our homes businesses. . . .” A public awareness program,\nincluding the message content in the printed materials, should be tailored to the operator’s product(s) and\nfacilities.\n6. §195.440 Public awareness.\n(a) …\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\nKiantone failed to follow the general program recommendations, including baseline and supplemental\nrequirements of API RP 1162 Section 4.4.1.\nAPI RP 1162 Section 4.4.1 states that “[t]he operator’s key messages to emergency officials should\nemphasize that public safety and environmental protection are top priorities in any pipeline emergency\nresponse.”\n120135023W_WL_10252013 3 of 6\n\n\n\n1-2013-5023W\nAppendix D in the Public Awareness Program contains a baseline message that was sent to emergency\nofficials. That baseline message did not contain this information about public safety and environmental\nprotection being a top priority in any pipeline emergency response, as mentioned in Section 4.4.1 of API RP\n1162.\n7. §195.440 Public awareness.\n(a) …\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\nKiantone failed to follow the general program recommendations, including baseline and supplemental\nrequirements under API RP 1162 Section 4.7. Specifically, Kiantone did not provide information about\nwhether it has High Consequence Areas (HCAs) and/or an Integrity Management Program (IMP) to the\naffected public, emergency officials, and public officials.\nSection 4.7 of API RP 1162 describes the information that should be included in the message content to the\naffected public, emergency officials, and public officials within HCAs. Pursuant to Section 4.7.1 of API RP\n1162, operators should include general information that some segments along their transmission pipeline are\ndesignated as HCAs and that an IMP has been developed, to affected public. Also, operators should include\ninformation on where to obtain an overview of their IMP or view upon request. Kiantone’s brochure in\nAppendix C of the Public Awareness Program, which was mailed to the affected public, did not contain the\naforementioned information.\nIn addition, Section 4.7.2 of API RP 1162 requires operators to include an overview of the IMP to emergency\nofficials, as well as a chance for them to provide feedback on the IMP. Kiantone’s brochure in Appendix D\nof the Public Awareness Program, which was mailed to the emergency officials, did not contain information\nabout its IMP and how to provide feedback. In addition, the annual meeting invitation package sent to the\nemergency officials did not contain that information.\nFurthermore, Section 4.7.3 of API RP 1162 requires operators to include information on where to obtain an\noverview of their IMP or view upon request, to the public officials. Kiantone’s brochure in Appendix D of\nthe Public Awareness Program, which was mailed to the public officials, did not contain the aforementioned\ninformation.\nKiantone did not include the information outlined under Section 4.7 of API RP 1162 to the appropriate\nstakeholders.\n8. §195.440 Public awareness.\n(a) …\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\nKiantone failed to follow the general program recommendations, including baseline and supplemental\nrequirements of API RP 1162 Section 4.9.\n120135023W_WL_10252013 4 of 6\n\n\n\n1-2013-5023W\nAPI RP 1162 Section 4.9 states that “operators should communicate that encroachments upon the pipeline\n[Right-of-Way (ROW)] inhibit the operator’s ability to respond to pipeline emergencies, eliminate third-\nparty damage, provide ROW surveillance, perform routine maintenance, and perform required federal/state\ninspections. . . .”\nThe printed materials in Appendices C and D of the Public Awareness Program that were mailed to the\naffected public, emergency officials, and public officials, did not include information described in Section\n4.9 of API RP 1162. In addition, the annual meeting invitation sent to those stakeholders did not contain that\ninformation.\n9. §195.440 Public awareness.\n(a) …\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\nKiantone did not follow the general program recommendations, including baseline and supplemental\nrequirements of API RP 1162 Section 4.11.\nAPI RP 1162 Section 4.11, states that “operators should communicate an overview pertaining to security of\ntheir pipelines and related facilities.”\nThe printed materials in Appendices C and D of the Public Awareness Program that were mailed to the\naffected public, emergency officials, and public officials, did not include information described in Section\n4.11 of API RP 1162. In addition, the annual meeting invitation sent to those stakeholders did not contain\nthat information.\n10. §195.440 Public awareness.\n(a) . . .\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\nKiantone failed to follow the general program recommendations, including baseline and supplemental\nrequirements under API RP 1162 Section 8.4. Specifically, Kiantone did not evaluate outreach for the\naffected public, in accordance with Section 8.4.1 of API RP 1162. Additionally, Kiantone did not evaluate\nthe understandability for each stakeholder for the affected public, in accordance with Section 8.4.2 of API RP\n1162.\nSection 8.4 of API RP 1162 mentions an evaluation of all stakeholders: affected public, emergency officials,\nlocal public officials, and excavators. Pursuant to Section 8.4.1 operators should evaluate the percentage of\neach intended audience reached with desired messages. During the inspection, Kiantone produced\ndocumentation and records that showed that it reviewed the results of the attendance percentage for\nexcavators, local officials and emergency officials that attended the annual Contractor Organized Programs\nthrough 2006-2011. Kiantone noted in a record of its evaluation conducted on January 23, 2012 that “no\nchanges are necessary to its current program as a result of the attendance and believes the current seminar\nprogram remains effective.” Kiantone, however, did not evaluate outreach for the affected public.\n120135023W_WL_10252013 5 of 6\n\n\n\n1-2013-5023W\nSection 8.4.2 of API RP 1162 requires operators to “assess the percentage of the intended stakeholders that\nunderstood and retained the key information in the message received.” Also, “operators should pre-test\npublic awareness materials for [its] appeal and the messages for their clarity, understandability and retain-\nability before they are widely used.” Appendix F in the Public Awareness Program contains a sample\nfeedback survey. This feedback does not evaluate the understandability for the affected public. Also,\nKiantone did not consider sample size when drawing general conclusions regarding the understandability of\nthe message content based on feedback survey data from stakeholders. Kiantone did not estimate the\npercentage of each stakeholders actually reached within the target geographic region along the pipeline, nor\ndid it pre-test their public awareness materials.\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 Kiantone 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 1-2013-5023W . 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\nCC: NY DPS – Mr. Kevin Speicher\n120135023W_WL_10252013 6 of 6","truncated":false,"body_characters":18552}