{"operation":"document","citation":"CPF 12022010WL","title":"SPIRE STORAGE WEST LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-02-08","effective_on":null,"summary":"CLOSED warning letter citing 192.12(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022010wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022010wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022010wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022010WL","body":"Warning Letter involving SPIRE STORAGE WEST LLC. PHMSA's enforcement data identifies the cited regulation as 192.12(b)(2). The case was opened on 2022-02-08 and is reported as closed as of 2022-02-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022010WL_Warning Letter_02082022_(20-173829).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022010WL/12022010WL_Warning%20Letter_02082022_(20-173829).pdf\n\n12022010WL_Warning Letter_02082022_(20-173829)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022010WL/12022010WL_Warning%20Letter_02082022_(20-173829)_text.pdf\n\n12022010WL_Warning Letter_02082022_(20-173829)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nFebruary 8, 2022\nMr. Scott Jaskowiak\nPresident\nSpire Storage West LLC\n700 Market Street\nSt Louis, Missouri 63101\nCPF 1-2022-010-WL\nDear Mr. Jaskowiak:\nFrom October 13 to 16, 2020, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Spire\nStorage West LLC’s (Spire) Underground Natural Gas Storage in Evanston, Wyoming.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable\nviolation is:\n1. § 192.12 Underground natural gas storage facilities.\n(a) …\n(b) Depleted hydrocarbon and aquifer reservoir UNGSFs.\n(1) …\n(2) Each UNGSF that uses a depleted hydrocarbon reservoir or an\naquifer reservoir for natural gas storage and was constructed on or before\nJuly 18, 2017, must meet the provisions of API RP 1171 (incorporated by\nreference, see § 192.7), sections 8, 9, 10, and 11, and paragraph (c) of this\nsection, by January 18, 2018, and must meet all provisions of paragraph\n(d) of this section by March 13, 2021.\nSpire failed to meet the provisions of § 192.12(c) by January 18, 2018. Specifically, Spire’s O&M\nManual, Management of Change Plan (MOC), Emergency Response Plan (ERP) (Section 10.6.1), and\nBlowout Contingency Plan (BCP) (Section 10.6.3), applicable to its underground natural gas storage\nfacilities (UNGSF), were not created until March of 2020, past the January 18, 2018 deadline required\nby § 192.12(b)(2).\n\n\n\nCPF 1-2022-010-WL\nSection 192.12(c) requires in part that “Each operator of a UNGSF must prepare and follow for each\nfacility one or more manuals of written procedures for conducting operations, maintenance, and\nemergency preparedness and response activities under paragraphs (a) and (b) of this section.”\nDuring the inspection, Spire’s O&M Manual, MOC, ERP and BCP were reviewed. PHMSA\ndetermined that these manuals were not implemented until after March 2020.\nTherefore, Spire failed to prepare an O&M, MOC, ERP, and BCP Manual by January 18, 2018 as\nrequired by § 192.12(b)(2).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the\nmaximum penalty may not exceed $222,504 per violation per day the violation persists, up to a\nmaximum of $2,225,034 for a related series of violations. For violation occurring on or after July 31,\n2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per violation per\nday the violation persists, up to a maximum of $2,186,465 for a related series of violations. For\nviolation occurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty\nmay not exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the maximum\npenalty may not exceed $209,002 per violation per day, with a maximum penalty not to exceed\n$2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item identified in this letter. Failure to do so will result in Spire Storage West LLC\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n1-2022-010-WL. 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 material\nqualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide 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).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022010WL_Warning Letter_02082022_(20-173829)_text Page 2 of 2","truncated":false,"body_characters":5200}