{"operation":"document","citation":"CPF 120161010W","title":"TENNESSEE GAS PIPELINE COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-10-31","effective_on":null,"summary":"CLOSED warning letter citing 192.735(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120161010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120161010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120161010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120161010W","body":"Warning Letter involving TENNESSEE GAS PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 192.735(a). The case was opened on 2016-10-31 and is reported as closed as of 2016-10-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120161010W_Operator Response to Notice_01192017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161010W/120161010W_Operator%20Response%20to%20Notice_01192017.pdf\n\n120161010W_Warning Letter_10312016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161010W/120161010W_Warning%20Letter_10312016.pdf\n\n120161010W_Warning Letter_10312016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120161010W/120161010W_Warning%20Letter_10312016_text.pdf\n\n120161010W_Warning Letter_10312016_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nOctober 31, 2016\nMr. Gary Buchler\nChief Operating Officer, Natural Gas Pipelines\nTennessee Gas Pipeline Company\n1001 Louisiana Street, Suite 1000\nHouston, Texas 77002-5089\nCPF 1-2016-1010W\nDear Mr. Buchler:\nOn September 3, 2015, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nTennessee Gas Pipeline Company’s (Tennessee Gas) Compressor Station (CS 323A) in Hawley,\nPennsylvania.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §192.735 Compressor stations: Storage of combustible materials\n(a) Flammable or combustible materials in quantities beyond those required for\neveryday use, or other than those normally used in compressor buildings, must be\nstored a safe distance from the compressor building.\nTennessee Gas failed to store flammable or combustible materials in quantities beyond those\nrequired for everyday use, or other than those normally used in compressor buildings, at a safe\ndistance from the compressor building.\nDuring the inspection at CS 323A on September 3, 2015, the PHMSA inspector observed 2 cans\nof flammable fluids (Scotchkote Part A, 5.9 lb. and Scotchkote Part B, 2.8 lb.) stored in a steel\n\n\n\n1-2016-1010W\nflammable fluid cabinet inside the compressor building. On the reverse side of each can, it stated\n“Caution-Keep away from sources of ignition-No Smoking.”\nThe PHMSA inspector indicated that the material should not be stored in the compressor\nbuilding. Tennessee Gas stated that the material was used for touch up of coating on piping in\nthe compressor station, and that it would be removed from the compressor room.\nEvidence is based on photos taken at the site, a review of Procedure 119 – Flammable and\nCombustible Storage dated 11/1/2014 and material safety data sheets for SCOTCHKOTE 323\nPatch Compound, Brush Grade, and HSS 450 Spray System - Parts A and B, which both have\nFlash Points greater than 200 degrees F, and are thus combustible per O&M 119 Section 3 -\nParagraph. 3.2.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day that the violation persists up to a maximum of $2,056,380 for a related\nseries of violations. For violations occurring between January 4, 2012 to August 1, 2016, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not\nto exceed $2,000,000 for a related series of violations. For violations occurring prior to January\n4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a maximum\npenalty not to exceed $1,000,000 for a related series of violations. We have reviewed the\ncircumstances 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\ncorrect the item identified in this letter. Failure to do so will result in Tennessee Gas being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2016-1010W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted 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\n120161010W_Warning Letter_10312016 Page 2 of 2","truncated":false,"body_characters":4851}