{"operation":"document","citation":"CPF 120191019W","title":"PGPIPELINE, LLC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-09-26","effective_on":null,"summary":"CLOSED warning letter citing 192.935(d)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191019w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191019w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120191019w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120191019W","body":"Warning Letter involving PGPIPELINE, LLC.. PHMSA's enforcement data identifies the cited regulation as 192.935(d)(3). The case was opened on 2019-09-26 and is reported as closed as of 2019-09-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120191019W_Operator Response to Notice_10232019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191019W/120191019W_Operator%20Response%20to%20Notice_10232019.pdf\n\n120191019W_Warning Letter_09262019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191019W/120191019W_Warning%20Letter_09262019.pdf\n\n120191019W_Warning Letter_09262019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120191019W/120191019W_Warning%20Letter_09262019_text.pdf\n\n120191019W_Warning Letter_09262019_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nSeptember 26, 2019\nMr. Steve Newell\nDirector of Finance\nZeeland Farm Services, Inc.\n2525 84th Ave\nZeeland, MI 49464\nCPF 1-2019-1019W\nDear Mr. Newell:\nFrom January 23, 2019 – July 11, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nperformed an integrated inspection of PGPipeline, LLC’s (PGPipeline) pipeline system in\nClearfield, Pennsylvania. PGPipeline is a second-tier subsidiary of Zeeland Farm Services, Inc.\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 (CFR). The item(s) inspected\nand the probable violation(s) are:\n1. § 192.935 What additional preventive and mitigative measures must an operator\ntake?\n(d) Pipelines operating below 30% SMYS. An operator of a transmission pipeline\noperating below 30% SMYS located in a high consequence area must follow the\nrequirements in paragraphs (d)(1) and (d)(2) of this section. An operator of a\ntransmission pipeline operating below 30% SMYS located in a Class 3 or Class 4 area\nbut not in a high consequence area must follow the requirements in paragraphs (d)(1),\n(d)(2) and (d)(3) of this section.\n…\n\n\n\nCPF 1-2019-1019W\n(3) Perform semi-annual leak surveys (quarterly for unprotected pipelines or\ncathodically protected pipe where electrical surveys are impractical)\nPGPipeline failed to perform semi-annual leak surveys on its Clearfield County, PA transmission\npipeline (CC pipeline) during 2018, as required by § 192.935(d)(3).\nPGPipeline’s CC pipeline is a transmission line operating below 30% SMYS in a Class 3 location,\nwith sections not in a high consequence area. During the inspection, the PHMSA inspector\nreviewed PGPipeline’s procedure and associated 2018 leak survey records for this pipeline. The\nrecords demonstrated that PGPipeline only conducted one leak survey of the CC pipeline during\ncalendar year 2018.\nTherefore, PGPipeline failed to perform semi-annual leak surveys on its CC pipeline during 2018,\nas required by § 192.935(d)(3).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related\nseries of violations. For violation occurring on or after November 27, 2018 and before July 31,\n2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum\npenalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before\nNovember 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a\nmaximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,\nthe maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty\nnot to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting 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\nitem(s) identified in this letter. Failure to do so will result in PGPipeline, LLC being subject to\nadditional enforcement action.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 840 Bear Tavern Road, Suite 300,\nWest Trenton, NJ 08628. Please refer to CPF 1-2019-1019W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on USB flash drive accompanied by the\noriginal paper copy to the Eastern Region Office.\n120191019W_Warning Letter_09262019_text Page 2 of 3\n\n\n\nCPF 1-2019-1019W\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120191019W_Warning Letter_09262019_text Page 3 of 3","truncated":false,"body_characters":5447}