# KIANTONE PIPELINE CORP — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 195.440(a), 195.440(c).
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- **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.

Official case documents:

120135023W_Warning Letter_10252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135023W/120135023W_Warning%20Letter_10252013.pdf

120135023W_Warning Letter_10252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120135023W/120135023W_Warning%20Letter_10252013_text.pdf

120135023W_Warning Letter_10252013_text.pdf

U.S. Department Of Transportation Pipeline and 609.989.2171
Hazardous Materials
Safety Administration
820 Bear Tavern Road, Suite 103
West Trenton, NJ 08628
WARNING LETTER
OVERNIGHT EXPRESS MAIL
October 25, 2013
Fred Martin
Vice President of Supply and Transportation
Kiantone Pipeline Corporation
15 Bradley Street
Warren, PA 16365
CPF 1-2013-5023W
Dear Mr. Martin:
From August 14 to August 16, 2012, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49 United States
Code inspected the Kiantone Pipeline Corporation’s (Kiantone) Public Awareness Program titled United
Refining Company/Kiantone Pipeline Corporation Public Awareness Program (Public Awareness Program),
in West Seneca, New York.
As a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety
Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are:
1. §195.440 Public awareness.
(a) Each pipeline operator must develop and implement a written continuing public education
program that follows the guidance provided in the American Petroleum Institute's (API)
Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).
Kiantone failed to develop a written continuing public education program that followed the guidance in API
RP 1162 Section 4.
API RP 1162 Section 4 Message Content states, “an operator should select the optimum combination of
messages, delivery methods, and frequency that meets the needs of the intended audience . . .
communications materials should be provided in the language(s) spoken by a significant portion of the
intended audience.”
The Public Awareness Program did not have a documented process for providing programs in language(s)
spoken by a significant portion of the intended audience. There was no information on what data will be



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evaluated to determine which language the program should be in, the frequency of evaluation, and defining
what the operator deems as “significant number and concentration”.
2. §195.440 Public awareness.
(a) Each pipeline operator must develop and implement a written continuing public education
program that follows the guidance provided in the American Petroleum Institute's (API)
Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).
Kiantone failed to develop a written continuing public education program that followed the guidance in API
RP 1162 Section 4.3.4.
API RP 1162 Section 4.3.4 states that “[i]nformation should describe the ongoing relationship between the
operator and local emergency response officials to help prevent incidents and assure preparedness for
emergencies.”
The Public Awareness Program and the materials sent to the affected public and excavators did not address
the relationship Kiantone has with the local emergency response officials to prevent incidents and assure
preparedness for emergencies, as mentioned in Section 4.3.4 of API RP 1162.
3. §195.440 Public awareness.
(a) Each pipeline operator must develop and implement a written continuing public education
program that follows the guidance provided in the American Petroleum Institute's (API)
Recommended Practice (RP) 1162 (incorporated by reference, see § 195.3).
Kiantone failed to implement its written continuing education program, Public Awareness Program, Section
6 Awareness Message. Specifically, Kiantone failed to implement Table 6.1 Message Frequencies & Format
under Section 6 of the Public Awareness Program, which provides the frequency of the baseline messages to
all stakeholders.
According to Table 6.1 Message Frequencies & Format, Kiantone must annually send baseline messages to
all stakeholders. However, Kiantone did not provide all the baseline messages to all stakeholders on an
annual basis. Kiantone’s baseline messages consisted of an annual meeting invitation package to local public
officials and excavators, a pamphlet listing dates for the state meetings (New York and Pennsylvania) and a
pipeline safety trifold brochure containing general pipeline safety information. The aforementioned did not
address how to get additional information from Kiantone and, recognize and respond to a leak and potential
hazards associated with Kiantone’s pipeline/product(s). Only those that attended a meeting received specific
information related to Kiantone’s facilities/products. Kiantone does not provide the information in any way
to the stakeholders who do not attend, and not all of the stakeholders attend a meeting. Thus, all stakeholders
did not receive the baseline messages annually in accordance with the Public Awareness Program.
4. §195.440 Public awareness.
(a) …
(c) The operator must follow the general program recommendations, including baseline and
supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.
Kiantone failed to follow the general program recommendations, including baseline and supplemental
requirements of API RP 1162 Section 4.3.1.
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API RP 1162 Section 4.3.1 states that an operator must include “[i]nformation about specific release
characteristics and potential hazards posed by hazardous liquids or gases” in the message content to the
affected public and excavator stakeholders. The printed materials in Appendices C and D of the Public
Awareness Program that were mailed to the affected public and excavators did not include information about
the product(s) it carried in the pipeline nor the potential hazards posed by these product(s). In addition, the
annual meeting invitation sent to those excavators did not contain that information.
5. §195.440 Public awareness.
(a) . . .
(c) The operator must follow the general program recommendations, including baseline and
supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.
Kiantone failed to follow the general program recommendations, including baseline and supplemental
requirements of API RP 1162 of Section 4.3.2.
API RP 1162 Section 4.3.2 states that the information included in the message content must “address how to
recognize a pipeline leak through the senses of sight, unusual sound, and smell and describe any associated
dangers as appropriate to the product type.” Kiantone, however, included information that was not
applicable to its product and facilities.
In Appendix C of the Public Awareness Program there is a brochure named Safety Awareness Information
for Landowners. Under the section SIGNS OF A RELEASE of the Safety Awareness Information for
Landowners brochure there a list. The list is divided into three senses: Sight, Sound and Smell. Under Sight
it states, in part: “[d]irt blowing into the air and “[w]hite vapor cloud frozen area on ground. Under Smell it
states, in part: [n]atural gas is colorless and odorless- unless mercaptan has been added (rotten egg odor).”
These are characteristics related to natural gas which could be misleading to the affected public stakeholders
because Kiantone does not transport natural gas. Additionally, Kiantone’s annual meeting invitation package
for excavator stakeholders contains similar misleading information. The annual meeting invitation package
states “[d]istribution lines can be made of either steel or high-strength plastic and provide the final link in
delivering the vital resources needed to heat our homes businesses. . . .” A public awareness program,
including the message content in the printed materials, should be tailored to the operator’s product(s) and
facilities.
6. §195.440 Public awareness.
(a) …
(c) The operator must follow the general program recommendations, including baseline and
supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.
Kiantone failed to follow the general program recommendations, including baseline and supplemental
requirements of API RP 1162 Section 4.4.1.
API RP 1162 Section 4.4.1 states that “[t]he operator’s key messages to emergency officials should
emphasize that public safety and environmental protection are top priorities in any pipeline emergency
response.”
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Appendix D in the Public Awareness Program contains a baseline message that was sent to emergency
officials. That baseline message did not contain this information about public safety and environmental
protection being a top priority in any pipeline emergency response, as mentioned in Section 4.4.1 of API RP
1162.
7. §195.440 Public awareness.
(a) …
(c) The operator must follow the general program recommendations, including baseline and
supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.
Kiantone failed to follow the general program recommendations, including baseline and supplemental
requirements under API RP 1162 Section 4.7. Specifically, Kiantone did not provide information about
whether it has High Consequence Areas (HCAs) and/or an Integrity Management Program (IMP) to the
affected public, emergency officials, and public officials.
Section 4.7 of API RP 1162 describes the information that should be included in the message content to the
affected public, emergency officials, and public officials within HCAs. Pursuant to Section 4.7.1 of API RP
1162, operators should include general information that some segments along their transmission pipeline are
designated as HCAs and that an IMP has been developed, to affected public. Also, operators should include
information on where to obtain an overview of their IMP or view upon request. Kiantone’s brochure in
Appendix C of the Public Awareness Program, which was mailed to the affected public, did not contain the
aforementioned information.
In addition, Section 4.7.2 of API RP 1162 requires operators to include an overview of the IMP to emergency
officials, as well as a chance for them to provide feedback on the IMP. Kiantone’s brochure in Appendix D
of the Public Awareness Program, which was mailed to the emergency officials, did not contain information
about its IMP and how to provide feedback. In addition, the annual meeting invitation package sent to the
emergency officials did not contain that information.
Furthermore, Section 4.7.3 of API RP 1162 requires operators to include information on where to obtain an
overview of their IMP or view upon request, to the public officials. Kiantone’s brochure in Appendix D of
the Public Awareness Program, which was mailed to the public officials, did not contain the aforementioned
information.
Kiantone did not include the information outlined under Section 4.7 of API RP 1162 to the appropriate
stakeholders.
8. §195.440 Public awareness.
(a) …
(c) The operator must follow the general program recommendations, including baseline and
supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.
Kiantone failed to follow the general program recommendations, including baseline and supplemental
requirements of API RP 1162 Section 4.9.
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API RP 1162 Section 4.9 states that “operators should communicate that encroachments upon the pipeline
[Right-of-Way (ROW)] inhibit the operator’s ability to respond to pipeline emergencies, eliminate third-
party damage, provide ROW surveillance, perform routine maintenance, and perform required federal/state
inspections. . . .”
The printed materials in Appendices C and D of the Public Awareness Program that were mailed to the
affected public, emergency officials, and public officials, did not include information described in Section
4.9 of API RP 1162. In addition, the annual meeting invitation sent to those stakeholders did not contain that
information.
9. §195.440 Public awareness.
(a) …
(c) The operator must follow the general program recommendations, including baseline and
supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.
Kiantone did not follow the general program recommendations, including baseline and supplemental
requirements of API RP 1162 Section 4.11.
API RP 1162 Section 4.11, states that “operators should communicate an overview pertaining to security of
their pipelines and related facilities.”
The printed materials in Appendices C and D of the Public Awareness Program that were mailed to the
affected public, emergency officials, and public officials, did not include information described in Section
4.11 of API RP 1162. In addition, the annual meeting invitation sent to those stakeholders did not contain
that information.
10. §195.440 Public awareness.
(a) . . .
(c) The operator must follow the general program recommendations, including baseline and
supplemental requirements of API RP 1162, unless the operator provides justification in its
program or procedural manual as to why compliance with all or certain provisions of the
recommended practice is not practicable and not necessary for safety.
Kiantone failed to follow the general program recommendations, including baseline and supplemental
requirements under API RP 1162 Section 8.4. Specifically, Kiantone did not evaluate outreach for the
affected public, in accordance with Section 8.4.1 of API RP 1162. Additionally, Kiantone did not evaluate
the understandability for each stakeholder for the affected public, in accordance with Section 8.4.2 of API RP
1162.
Section 8.4 of API RP 1162 mentions an evaluation of all stakeholders: affected public, emergency officials,
local public officials, and excavators. Pursuant to Section 8.4.1 operators should evaluate the percentage of
each intended audience reached with desired messages. During the inspection, Kiantone produced
documentation and records that showed that it reviewed the results of the attendance percentage for
excavators, local officials and emergency officials that attended the annual Contractor Organized Programs
through 2006-2011. Kiantone noted in a record of its evaluation conducted on January 23, 2012 that “no
changes are necessary to its current program as a result of the attendance and believes the current seminar
program remains effective.” Kiantone, however, did not evaluate outreach for the affected public.
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Section 8.4.2 of API RP 1162 requires operators to “assess the percentage of the intended stakeholders that
understood and retained the key information in the message received.” Also, “operators should pre-test
public awareness materials for [its] appeal and the messages for their clarity, understandability and retain-
ability before they are widely used.” Appendix F in the Public Awareness Program contains a sample
feedback survey. This feedback does not evaluate the understandability for the affected public. Also,
Kiantone did not consider sample size when drawing general conclusions regarding the understandability of
the message content based on feedback survey data from stakeholders. Kiantone did not estimate the
percentage of each stakeholders actually reached within the target geographic region along the pipeline, nor
did it pre-test their public awareness materials.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per
violation per day the violation persists up to a maximum of $2,000,000 for a related series of violations. For
violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation
per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We have
reviewed the circumstances and supporting documents involved in this case, and have decided not to conduct
additional enforcement action or penalty assessment proceedings at this time. We advise you to correct the
items identified in this letter. Failure to do so will result in Kiantone being subject to additional enforcement
action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer to
CPF 1-2013-5023W . Please send all correspondence in this matter to Byron Coy, PE, Director, PHMSA
Eastern Region, 820 Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. Be advised that all material you
submit in response to this enforcement action is subject to being made publicly available. If you believe that
any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with
the complete original document you must provide a second copy of the document with the portions you
believe qualify for confidential treatment redacted and an explanation of why you believe the redacted
information qualifies for confidential treatment under 5 U.S.C. 552(b).
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
CC: NY DPS – Mr. Kevin Speicher
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