{"operation":"document","citation":"CPF 120205009W","title":"KIANTONE PIPELINE CORP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-04-30","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120205009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120205009W","body":"Warning Letter involving KIANTONE PIPELINE CORP. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.412(a). The case was opened on 2020-04-30 and is reported as closed as of 2020-04-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120205009W_Warning Letter_04302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205009W/120205009W_Warning%20Letter_04302020.pdf\n\n120205009W_Warning Letter_04302020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120205009W/120205009W_Warning%20Letter_04302020_text.pdf\n\n120205009W_Warning Letter_04302020_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 30, 2020\nMr. Myron Turfitt\nPresident and Chief Operating Officer\nUnited Refining Company\n15 Bradley Street, PO Box 780\nWarren, Pennsylvania 16365\nCPF 1-2020-5009W\nDear Mr. Turfitt:\nFrom July 22, 2019 to October 10, 2019, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) and an inspector from the New York Department of Public\nService (NY DPS), pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Kiantone\nPipeline Corporation’s (Kiantone) facilities at Warren, Pennsylvania and West Seneca Terminal,\nTonawanda, New York.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item(s) inspected\nand the probable violation(s) are:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\n\n\n\nCPF 1-2020-5009W\nKiantone failed to follow for each pipeline system a manual of written procedures for conducting\nnormal operations and maintenance activities and handling abnormal operations and emergencies.\nSpecifically, Kiantone failed to follow its Operations, Maintenance & Emergency Response\nProcedures Manual (Manual) by not surface patrolling its pipeline right of way with overhanging\nvegetation growth that restricted aircraft view.\nDuring the inspection, the NY DPS inspector reviewed Kiantone’s Manual. The Manual stated in\npart:\n13.2 CONTINUING SURVEILLANCE PROGRAM[Version 2012-0104]\n… Kiantone Pipeline facilities are patrolled by aircraft when the weather is\nfavorable. … Areas along the pipeline ROW with overhanging vegetation growth\n(i.e. trees or brush) that restrict view and can not be adequately patrolled by air are\nsurfaced patrolled as needed. Aerial patrols pay particular attention to areas\ndesignated as HCAs.\nDuring the field inspection, the NY DPS inspector observed right of way conditions on various\nlocations along the pipeline between the West Seneca Terminal and the Gowanda Pump Station\n(near MLV 4, Genesee Rd, Jennings Rd, MLV 5, Allen Rd, and near the Gowanda Pump Station)\nthat had overhanging vegetation growth restricting view by aircraft. Kiantone indicated that it\nexclusively conducted aerial right of way patrols by helicopter and plane. Kiantone stated that it\nwas in the process of clearing the canopy for these right of ways for the first time since the pipeline\nwas constructed in 1971.\nTherefore, Kiantone failed to follow its Manual for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies.\n2. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at\nleast 26 times each calendar year, inspect the surface conditions on or\nadjacent to each pipeline right-of-way. Methods of inspection include\nwalking, driving, flying or other appropriate means of traversing the\nright-of-way.\nKiantone failed to, at intervals not exceeding 3 weeks, but at least 26 times each calendar year,\ninspect the surface conditions on or adjacent to each pipeline right of way.\nDuring the inspection, the NY DPS inspector reviewed Kiantone’s 2018 Annual Patrol Matrix\nrecords, which indicated that the right of way of its 12” crude pipeline was inspected for surface\nconditions on 10/22/18 and 11/23/18, which exceeded 3 weeks. Kiantone could not provide any\nother record of inspection of their pipeline right of way during this time.\nTherefore, Kiantone failed to inspect the surface conditions on or adjacent to each pipeline right\nof way at intervals not exceeding 3 weeks.\n120205009W_Warning Letter_04302020_text Page 2 of 3\n\n\n\nCPF 1-2020-5009W\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 Kiantone Pipeline Corporation being\nsubject to additional 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 1-2020-5009W 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.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCC: Dave Wortman, Vice President, Supply and Transportation (via email)\nJames Hare, Pipeline Manager, Kiantone Pipeline Corporation (via email)\nDan Sobina, Safety Manager, Kiantone Pipeline Corporation (via email)\n120205009W_Warning Letter_04302020_text Page 3 of 3","truncated":false,"body_characters":7620}