{"operation":"document","citation":"CPF 120153001W","title":"UGI ENERGY SERVICES — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-02-25","effective_on":null,"summary":"CLOSED warning letter citing 193.2605(b), 193.2801.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120153001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120153001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120153001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120153001W","body":"Warning Letter involving UGI ENERGY SERVICES. PHMSA's enforcement data identifies the cited regulations as 193.2605(b),  193.2801. The case was opened on 2015-02-25 and is reported as closed as of 2015-02-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120153001W_Warning Letter_02252015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120153001W/120153001W_Warning%20Letter_02252015.pdf\n\n120153001W_Warning Letter_02252015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120153001W/120153001W_Warning%20Letter_02252015_text.pdf\n\n120153001W_Warning Letter_02252015_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 DELIVERY\nFebruary 25, 2015\nMr. Joseph Hartz\nVice President Asset Management\nUGI Energy Services\n1 Meridian Blvd\nWyomissing, PA 19610\nCPF 1-2015-3001W\nDear Mr. Hartz:\nDuring the week of September 22, 2014, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected your Temple II interstate LNG facility in Reading, PA.\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. §193.2801 Fire protection.\nEach operator must provide and maintain fire protection at LNG plants according\nto sections 9.1 through 9.7 and section 9.9 of NFPA 59A (incorporated by reference,\nsee Sec. 193.2013). However, LNG plants existing on March 31, 2000, need not\ncomply with provisions on emergency shutdown systems, water delivery systems,\ndetection systems, and personnel qualification and training until September 12,\n2005.\nUGI failed to maintain fire protection equipment at LNG plants according to sections 9.1 through\n9.7 and section 9.9 of NFPA 59A (incorporated by reference, see Sec. 193.2013). NFPA 59A\nSection 9.5 states in part that “These extinguishers shall be provided and maintained in\naccordance with NFPA 10, Standard for Portable Fire Extinguishers.” NFPA 10 states in part\nthat “Fire extinguishers shall be inspected when initially placed in service and thereafter at\napproximately 30-day intervals.”\n\n\n\n1-2015-3001W\nDuring the inspection, a PHMSA inspector reviewed UGI’s fire extinguisher inspection records\nfor 2012, 2013 and 2014. The records show that UGI maintained quarterly records in 2012 and\n2013 and did not begin maintaining monthly records until February 2014.\nIn addition, an e-mail from UGI dated 10/6/2014 states in part “The error in the frequency of\ninspecting our portable fire extinguisher was not corrected till February 2014. Prior to this time,\nthe extinguishers were only visually inspected on a quarterly interval, consistent with the\nfacility’s hazard detection.”\nTherefore, UGI did not maintain monthly fire extinguisher inspection records for UGI’s Temple\nII tank facility in accordance with §193.2801.\n2. §193.2605 Maintenance procedures.\n(b) Each operator shall follow one or more manuals of written procedures for the\nmaintenance of each component, including any required corrosion control. The\nprocedure must include:\n(1) The details of the inspections or tests determined under paragraph (a) of this\nsection and their frequency of performance; and\n(2) A description of other actions necessary to maintain the LNG plant according to\nthe requirements of this subpart.\nUGI failed to follow one or more manuals of written procedures for the maintenance of each\ncomponent. Specifically, UGI failed to follow its written procedure, 16.5 MP-1001 Testing\nPressure Relief Valves (Revision: 4, Issued: 1-6-2014).\nDuring the inspection, a PHMSA inspector reviewed the referenced relief valve procedure,\nwhich states in part in paragraphs 6 through 8:\n6. Record the relief valve set pressure\n7. Record the reseating pressure\n8. Log the test results, time and date for each valve\nThe PHMSA inspector reviewed UGI’s “Tank and Boiloff Relief Valves” records from 2012\nthrough 2014. None of the information required by the procedure was documented in the\nrecords.\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. Also, for LNG facilities, an additional penalty of not more than\n$50,000 for each violation may be imposed. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement 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 UGI Energy Services being subject to\nadditional enforcement action.\n120153001W_WL_02252015 Page 2 of 3\n\n\n\n1-2015-3001W\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\n1-2015-3001W. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal 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\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nByron Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120153001W_WL_02252015 Page 3 of 3","truncated":false,"body_characters":5989}