# ARLINGTON STORAGE COMPANY LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 120151002
- **title:** ARLINGTON STORAGE COMPANY LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2015-01-13
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 192.605.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-120151002.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-120151002.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-120151002
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/120151002
**body:**

Notice of Probable Violation involving ARLINGTON STORAGE COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 192.605. The case was opened on 2015-01-13 and is reported as closed as of 2016-01-28. Proposed civil penalty: $15,800. Assessed civil penalty: $15,800. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

120151002_Closure Letter_01282016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151002/120151002_Closure%20Letter_01282016.pdf

120151002_Closure Letter_01282016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151002/120151002_Closure%20Letter_01282016_text.pdf

120151002_Final Order_09152015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151002/120151002_Final%20Order_09152015.pdf

120151002_Final Order_09152015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151002/120151002_Final%20Order_09152015_text.pdf

120151002_NOPV PCP PCO_01132015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151002/120151002_NOPV%20PCP%20PCO_01132015.pdf

120151002_NOPV PCP PCO_01132015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151002/120151002_NOPV%20PCP%20PCO_01132015_text.pdf

120151002_Operator Response to Notice_02132015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120151002/120151002_Operator%20Response%20to%20Notice_02132015.pdf

120151002_Final Order_09152015_text.pdf

September 15, 2015
Ms. Miranda Jones
Vice President, Environmental Safety and Regulatory
Crestwood Midstream Partners LP
801 Cherry Street, Suite 3800, Unit 20
Fort Worth, TX 76102
Re: CPF No. 1-2015-1002
Dear Ms. Jones:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation, assesses a civil penalty of $15,800, and specifies actions that need to be taken by
Arlington Storage Company, LLC to comply with the pipeline safety regulations. This is to
acknowledge receipt of payment of the full penalty amount, by wire transfer, dated February 9,
2015. When the terms of the compliance order have been completed, as determined by the
Director, Eastern Region, this enforcement action will be closed. Service of the Final Order by
certified mail is deemed effective upon the date of mailing, or as otherwise provided under 49
C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Byron Coy, PE, Director, Eastern Region, OPS
Ms. Alice Ratcliffe, Pipeline Compliance Manager, Crestwood Midstream Partners LP
CERTIFIED MAIL - RETURN RECEIPT REQUESTED [INSERT RECEIPT NO.]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Arlington Storage Company, LLC, ) CPF No. 1-2015-1002
)
Respondent. )
____________________________________)
FINAL ORDER
Between September 1 and October 31, 2013, pursuant to 49 U.S.C. § 60117, representatives of
the New York State Department of Public Service (NYSDPS), as agent for the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the Seneca Lake facilities and records of
Arlington Gas Storage (ASC or Respondent) in Watkins Glen, New York. ASC is a subsidiary
of Crestwood Midstream Partners LP. Crestwood operates five storage facilities with
approximately 80 billion cubic feet of natural gas storage primarily serving producers in the
Northeastern U.S. Seneca Lake gas storage system is an 18.6 mile, 16-inch diameter pipeline
system that connects the Seneca Lake storage facility on its northern end to the Dominion
Transmission Corporation’s Yawger Road station on its southern end.1
As a result of the inspection, the Director, Eastern Region, OPS (Director), issued to Respondent,
by letter dated January 13, 2015, a Notice of Probable Violation, Proposed Civil Penalty and
Proposed Compliance Order. In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that ASC had violated 49 C.F.R. § 192.605 and proposed assessing a civil penalty of
$15,800 for the alleged violation. The Notice also proposed that Respondent be required to take
certain measures to correct the alleged violation.
Crestwood Midstream Partners LP responded to the Notice on behalf of ASC by letter dated
February 13, 2015 (Response). The company did not contest the allegation of violation and paid
the proposed civil penalty of $15,800, as provided in 49 C.F.R. § 190.227. The company also
provided information concerning the corrective actions it intended to take. Respondent did not
request a hearing and therefore has waived its right to one.
1 Pipeline Safety Violation Report, (Jan. 13, 2015) (on file with PHMSA), at 1.



CPF No. 1-2015-1002
Page 2
FINDING OF VIOLATION
In its Response, ASC did not contest the allegation in the Notice that it violated 49 C.F.R. Part
192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.605, which states, in
relevant part:
§ 192.605 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a
manual of written procedures for conducting operations and maintenance
activities and for emergency response. For transmission lines, the manual
must also include procedures for handling abnormal operations. This
manual must be reviewed and updated by the operator at intervals not
exceeding 15 months, but at least once each calendar year. This manual
must be prepared before operations of a pipeline system commence.
Appropriate parts of the manual must be kept at locations where
operations and maintenance activities are conducted.
(b) Maintenance and normal operations. The manual required by
paragraph (a) of this section must include procedures for the following, if
applicable, to provide safety during maintenance and operations.
(1) Operating, maintaining, and repairing the pipeline in accordance
with each of the requirements of this subpart and subpart M of this part.
(2) Controlling corrosion in accordance with the operations and
maintenance requirements of subpart I of this part.
The Notice alleged that Respondent violated 49 C.F.R. § 192.605 by failing to have procedures
for the internal corrosion control requirements of § 192.476 applicable to the design and
construction of transmission lines. Specifically, the Notice alleged that ASC’s Operating and
Maintenance (O&M) Procedure 906 did not cover internal corrosion requirements applicable to
the Project 415-Upson Road M&R Station built in 2012. Respondent did not contest this
allegation of violation. Accordingly, based upon a review of all of the evidence, I find that
Respondent violated 49 C.F.R. § 192.605 by failing to have procedures for the internal corrosion
control requirements of § 192.476 applicable to the design and construction of transmission
lines.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any



CPF No. 1-2015-1002
Page 3
related series of violations.2 In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
degree of Respondent’s culpability; the history of Respondent’s prior offenses; and any effect
that the penalty may have on its ability to continue doing business; and the good faith of
Respondent in attempting to comply with the pipeline safety regulations. In addition, I may
consider the economic benefit gained from the violation without any reduction because of
subsequent damages, and such other matters as justice may require. The Notice proposed a civil
penalty of $15,800 for the violation cited above.
Item 1: The Notice proposed a civil penalty of $15,800 for Respondent’s violation of 49 C.F.R.
§ 192.605, for failing to have procedures for the internal corrosion control requirements of §
192.476 applicable to the design and construction of transmission lines. ASC neither contested
the allegation nor presented any evidence or argument justifying a reduction in the proposed
penalty. I find that the penalty amount proposed in the notice is warranted considering the
nature, circumstances, and gravity of the violation and Respondent’s culpability for the violation.
Accordingly, having reviewed the record and considered the assessment criteria, I assess
Respondent a civil penalty of $15,800 for violation of 49 C.F.R. § 192.605, which amount has
already been paid by Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Item 1 in the Notice for violation of 49
C.F.R. § 192.605. Under 49 U.S.C. § 60118(a), each person who engages in the transportation
of gas or who owns or operates a pipeline facility is required to comply with the applicable
safety standards established under chapter 601. Pursuant to the authority of 49 U.S.C.
§ 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the following actions to
ensure compliance with the pipeline safety regulations applicable to its operations:
1. With respect to the violation of § 192.605 (Item 1), Respondent must:
(a) Within 90 days of receipt of this Order, prepare written procedures that
address the § 192.476 design and construction requirements and submit a final
report demonstrating completion of this item to the Director in accordance
with Item 2 of this Compliance Order; and
(b) Within 180 days of receipt of this Order, evaluate the transmission line and
each replacement of line pipe, valve, fitting, or other line component that was
installed as part of “Project 415-Upson Road M&R Station” to determine
whether or not they comply with § 192.476 and retrofit any that do not unless
it is impracticable or unnecessary to do so and submit a final report
demonstrating completion of this item to the Director in accordance with Item
2 of this Compliance Order.
2 The Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Pub. L. No. 112-90, § 2(a)(1), 125 Stat.
1904, January 3, 2012, increased the civil penalty liability for violating a pipeline safety standard to $200,000 per
violation for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.



CPF No. 1-2015-1002
Page 4
2. Within 30 days following the completion of each item in this Compliance Order,
Respondent must submit documentation demonstrating the completion of each item to
Byron Coy, PE, Director, Eastern Region, Pipeline and Hazardous Materials Safety
Administration, 820 Bear Tavern Road, Suite 103, West Trenton, NJ 08628, for
review and acceptance.
3. It is requested, but not required, that Respondent maintain documentation of the
safety improvement costs associated with fulfilling this Compliance Order and submit
the total to the Director. Costs should be reported in two categories: (1) total cost
associated with preparation/revision of plans, procedures, studies, and analyses; and
(2) total cost associated with replacements, additions, and other physical changes to
pipeline facilities and infrastructure.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000 for each violation for each day the violation continues or in referral to the
Attorney General for appropriate relief in a district court of the United States.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

120151002_NOPV PCP PCO_01132015_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
NOTICE OF PROBABLE VIOLATION
PROPOSED CIVIL PENALTY
and
PROPOSED COMPLIANCE ORDER
OVERNIGHT EXPRESS DELIVERY
January 13, 2015
Miranda Jones
Vice President, Environmental Safety and Regulatory
Crestwood Midstream Partners LP
801 Cherry Street, Suite 3800, Unit 20
Fort Worth, TX 76102
CPF 1-2015-1002
Dear Ms. Jones:
Between September 1 and October 31, 2013, inspectors from the New York State Department of Public
Service (NYSDPS), acting as agents for the Pipeline and Hazardous Materials Safety Administration
(PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Arlington Storage Company,
LLC’s (ASC) (a subsidiary of Crestwood Midstream Partners LP) Seneca Lake gas storage facilities in
Watkins Glen, New York.
As a result of the inspection, it appears that you have committed a probable violation of the Pipeline
Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the probable violation
is:
1. §192.605 Procedural manual for operations, maintenance, and emergencies.
(a) General. Each operator shall prepare and follow for each pipeline, a manual of written
procedures for conducting operations and maintenance activities and for emergency response. For
transmission lines, the manual must also include procedures for handling abnormal operations.
This manual must be reviewed and updated by the operator at intervals not exceeding 15 months,
but at least one each calendar year. This manual must be prepared before operations of a pipeline
system commence. Appropriate parts of the manual must be kept at locations where operations
and maintenance activities are conducted.
(b) Maintenance and normal operations. The manual required by paragraph (a) of this section
must include procedures for the following, if applicable, to provide safety during maintenance and
operations. . .
(2) Controlling corrosion in accordance with the operations and maintenance requirements of
Subpart I of this part.



1-2015-1002
ASC failed to have procedures for the internal corrosion control: design and construction of transmission
line requirements under §192.476.
The NYSDPS reviewed ASC’s O&M Procedure 906, Internal Corrosion Control – revised 1/18/2012, and
noted that the requirements of §192.476 (Internal corrosion control: Design and construction of
transmission line) were not covered in the procedure. ASC installed new facilities in 2012, specifically
the Project 415-Upson Road M&R Station project, and therefore these requirements should have been
fully developed prior to the construction of these new facilities.
In an e-mail dated March 14, 2014, the NYSDPS asked ASC “How does (Arlington-Seneca facilities)
address §192.476 in company procedures or company construction/design standards?” ASC responded in
an e-mail dated March 14, 2014 that “The best I can find is that Procedure 906, Section 3.1, vaguely
addresses §192.476(a)(3).”
Proposed Civil Penalty
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. The
Compliance Officer has reviewed the circumstances and supporting documentation involved in the above
probable violation and has recommended that you be preliminarily assessed a civil penalty of $15,800 as
follows:
Item number PENALTY
1 $15,800
Proposed Compliance Order
With respect to item 1 pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials
Safety Administration proposes to issue a Compliance Order to Arlington Storage Company, LLC (ASC).
Please refer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.
Response to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. All material you
submit in response to this enforcement action may be 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). If you do not respond within 30
days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this
Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this
Notice without further notice to you and to issue a Final Order.
Please submit all correspondence in this matter to Byron Coy, PE, Director, PHMSA Eastern Region, 820
Bear Tavern Road, Suite 103, W. Trenton, NJ 08628. Please refer to CPF 1-2015-1002 on each
document you submit and please, whenever possible, provide a signed PDF copy in electronic format.
Smaller files may be e-mailed to Byron.Coy@dot.gov. Larger files should be sent on a CD accompanied
by the original paper copy to the Eastern Region Office.
120151002_NOPV_PCP_PCO_
01132014 Page 2 of 4



1-2015-1002
Additionally, if you choose to respond to this (or any other case), please ensure that any response letter
pertains solely to one CPF case number.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: Kevin Speicher NYSDPS
Enclosures: Proposed Compliance Order
Response Options for Pipeline Operators in Compliance Proceedings
120151002_NOPV_PCP_PCO_
01132014 Page 3 of 4



1-2015-1002
PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety Administration
(PHMSA) proposes to issue to Arlington Storage Company, LLC (ASC) a Compliance Order
incorporating the following remedial requirements to ensure the compliance of ASC with the pipeline
safety regulations:
1. 2. 3. 4. With respect to Item Number 1 of the Notice pertaining to ASC’s failure to have procedures
for internal corrosion control: design and construction of transmission line requirements
under §192.476, ASC must:
a. Prepare procedures that address the design and construction requirements under
§192.476; and
b. Evaluate the transmission line and each replacement of line pipe, valve, fitting, or other
line component that was installed as part of “Project 415-Upson Road M&R Station” to
determine whether or not they comply with §192.476. If they do not, unless it is
impracticable or unnecessary to do so, ASC must retrofit them so that they do comply
with §192.476.
ASC must submit the procedures stipulated in Item 1 a. of this Compliance Order to the
Region Director within 90 days of receipt of the Final Order.
ASC must submit documentation demonstrating completion of Item 1 b. of this Compliance
Order to the Region Director within 180 days of receipt of the Final Order.
It is requested (not mandated) that ASC maintain documentation of the safety improvement
costs associated with fulfilling this Compliance Order and submit the total to Byron Coy,
Director, Eastern Region, Pipeline and Hazardous Materials Safety Administration. It is
requested that these costs be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost associated
with replacements, additions and other changes to pipeline infrastructure.
120151002_NOPV_PCP_PCO_
01132014 Page 4 of 4

120151002_Closure Letter_01282016_text.pdf

OVERNIGHT EXPRESS DELIVERY
January 28, 2016
Ms. Miranda Jones
Vice President, Environmental Safety and Regulatory
Crestwood Midstream Partners LP
801 Cherry Street, Suite 3800, Unit 20
Fort Worth, TX 76102
CPF 1-2015-1002
Dear Ms. Jones:
On September 15, 2015, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Crestwood Midstream Partners LP (Crestwood) a Final Order in the above-referenced
case. This Order included a Compliance Order and Civil Penalty assessment. Based on our
review of the documentation Crestwood provided, and confirmation of payment of the civil
penalty, it has been determined that Crestwood has complied with the terms of this Order.
Accordingly, this case is now closed, and no further action is contemplated with respect to the
matters involved in this case. Thank you for your cooperation in this matter.
Sincerely,
Byron Coy, PE
Director, Eastern Region
Pipeline and Hazardous Materials Safety Administration
Cc: Mr. Kevin Speicher, NYSDPS
- **truncated:** false
- **body characters:** 21289