{"operation":"document","citation":"CPF 12023030WL","title":"MARKWEST UTICA EMG, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-04-13","effective_on":null,"summary":"CLOSED warning letter citing 195.402(a), 195.555.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023030wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023030wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12023030wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12023030WL","body":"Warning Letter involving MARKWEST UTICA EMG, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.555. The case was opened on 2023-04-13 and is reported as closed as of 2023-04-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12023030WL_Warning Letter_04132023_(22-233210).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023030WL/12023030WL_Warning%20Letter_04132023_(22-233210).pdf\n\n12023030WL_Warning Letter_04132023_(22-233210)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12023030WL/12023030WL_Warning%20Letter_04132023_(22-233210)_text.pdf\n\n12023030WL_Warning Letter_04132023_(22-233210)_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nApril 13, 2023\nMr. Gregory Floerke\nExecutive Vice President, Gathering and Processing\nMarkWest Utica EMG, LLC\n1515 Arapahoe Street, Tower 1\nSuite 1600\nDenver, Colorado 80202\nCPF 1-2023-030-WL\nDear Mr. Floerke:\nFrom August 8, 2022, through October 21, 2022, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) conducted an inspection of Markwest Utica EMG, LLC’s (MarkWest Utica EMG)\nprocedures and records in Denver, Colorado1\n.\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 items inspected\nand the probable violations 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\n1 This inspection included multiple subsidiaries of MPLX, LLC. The other assets covered during this inspection\nincluded: PHMSA Operator Identification Number (OPID) 39920 for MarkWest Liberty Ethane Pipeline, L.L.C.\nunder inspection unit number 89319; OPID 39941 for MarkWest Utica EMG, L.L.C. under inspection unit number\n82542; and, OPID 39922 for Markwest Liberty NGL Pipeline, L.L.C. under inspection unit number 89319. Since\nthe inspection, MPLX consolidated OPIDs 39920 and 39922 under OPID 40149 MPLX, LP.\n\n\n\neffective. This manual shall be prepared before initial operations of\na pipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\nMarkWest Utica EMG failed to follow its manual of written procedures. Specifically, MarkWest\nUtica EMG failed to follow its Operations, Maintenance & Emergency Manual-Liquids Program,\ndated 06/07/21 (OME) and its Appendix J – Accident/Incident Investigation Plan, dated 06/04/21\n(Appendix J) regarding analyzing pipeline accidents to determine their cause pursuant to\n§ 195.402(c)(5)2\n.\nThe OME Section 7.6 and Appendix J included MarkWest Utica EMG’s detailed requirements for\nanalyzing and documenting each failure or accident involving its liquid facilities.\nDuring the inspection, PHMSA requested records related to analyzing pipeline accidents.\nMarkWest Utica EMG provided the Accident Report - PHMSA 7000.1, accident date 07/02/19\n(Accident Record). The Accident Record only provided the information required by the PHMSA\nform which includes a narrative description of the accident that occurred. During the inspection,\nPHMSA requested records which supported MarkWest Utica EMG’s emergency response and any\nsubsequent actions taken towards documenting and analyzing the accident pursuant to their\nprocedures. MarkWest Utica EMG was unable to provide any supporting documentation or\njustification for the cause identified other than discussing that the 7000.1 report was submitted to\nPHMSA. The Accident Record failed to record much of the information related to the questions\nrequired by MarkWest Utica EMG’s Appendix J. No documentation was provided during the\ninspection regarding any 3rd party consultations for determining the root cause of the failure or\nother information about the incident that was to be tracked in its Intelex system.\nTherefore, MarkWest Utica EMG failed to follow its written procedures regarding analyzing a\npipeline accident that occurred in calendar years 2019.\n2. § 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.\n2At the time of the accident in question, 49 CFR 195.402(c)(5) stated:\n(a) …\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety during maintenance and normal operations:\n(1) …\n(5) Analyzing pipeline accidents to determine their causes.\n\n\n\nMarkWest Utica EMG failed to follow its manual of written procedures. Specifically, MarkWest\nUtica EMG failed to follow its Operations, Maintenance & Emergency Manual-Liquids Program,\ndated 06/07/21 (OME) to adequately document its periodic reviews of the work done by operator\npersonnel to determine the effectiveness of the procedures used in normal operation and\nmaintenance and taking corrective action where deficiencies are found as required by § 195.402(a).\nThe OME Section 7.14.1 included MarkWest Utica EMG’s requirements for conducting and\ndocumenting periodic reviews pursuant to § 195.402(c)(13)3\n.\nDuring the inspection PHSMA requested records related to effectiveness reviews for calendar\nyears 2020 and 2021. MarkWest Utica EMG provided Operations, Maintenance and Emergencies\nManual – Spot Check Performance Form, dated 11/16/20 and 03/02/21 (Effectiveness Records).\nThe Effectiveness Records failed to indicate what reviews were conducted of the work done, what\nprocedure was reviewed by operator personnel in normal operation and maintenance tasks and\nhow MarkWest Utica EMG determined if the review was effective. During the inspection,\nMarkWest Utica EMG discussed how this information was included in the Section 4 – Remarks\non the Effectiveness Records, however, the information on the records did not indicate relevant\ndata to the effectiveness reviews being conducted.\nTherefore, MarkWest Utica EMG failed to follow its manual of written procedures for adequately\ndocumenting periodic reviews of the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and taking corrective\naction where deficiencies are found in calendar years 2020 and 2021 in accordance with\n§§ 195.402(a) and 195.402(c)(13).\n3. § 195.555 What are the qualifications for supervisors?\nYou must require and verify that supervisors maintain a thorough\nknowledge of that portion of the corrosion control procedures\nestablished under §195.402(c)(3) for which they are responsible for\ninsuring compliance.\nMarkWest Utica EMG failed to verify that its supervisors maintain a thorough knowledge of that\nportion of the corrosion control procedures established under § 195.402(c)(3) for which they are\nresponsible for insuring compliance.\nDuring the inspection, PHMSA requested § 195.555 corrosion control supervisor training records\nfor calendar years 2020 and 2021. MarkWest Utica EMG discussed the professional engineering\nlicense and industry certifications for its supervisor. However, MarkWest Utica EMG was unable\n3 § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety during maintenance and normal operations:\n(1) …\n(13) Periodically reviewing the work done by operator personnel to determine the effectiveness of the\nprocedures used in normal operation and maintenance and taking corrective action where deficiencies are\nfound.\n\n\n\nto show any records demonstrating that the supervisors’ knowledge of MarkWest Utica EMG’s\ncorrosion control procedures were verified.\nAfter the inspection, MarkWest Utica EMG provided the Operations, Maintenance and\nEmergencies Manual – Plan Review, dated 11/12/20 and Operations, Maintenance and\nEmergencies Program – Plan Review, dated 08/17/21 (Supervisor Records). MarkWest Utica\nEMG stated that the Supervisor Records were the annual reviews of the procedures that were\nperformed for each year. However, the personnel listed who attended the meeting were pipeline\ncompliance department personnel, not corrosion control supervisors. Additionally, the Supervisor\nRecords were the operations and maintenance manual annual review records and did not\ndemonstrate how MarkWest Utica EMG requires and verifies that its corrosion control supervisors\nare maintaining a thorough knowledge of its corrosion control procedures.\nTherefore, MarkWest Utica EMG failed to verify that its supervisors maintain a thorough\nknowledge of that portion of the corrosion control procedures for which they are responsible for\ninsuring compliance during calendar years 2020 and 2021, in accordance with § 195.555.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a related\nseries of violations. For violation occurring on or after March 21, 2022, and before January 6,\n2023, the maximum penalty may not exceed $239,142 per violation per day the violation persists,\nup to a maximum of $2,391,142 for a related series of violations. For violation occurring on or\nafter May 3, 2021, and before March 21, 2022, the maximum penalty may not exceed $225,134\nper violation per day the violation persists, up to a maximum of $2,251,334 for a related series of\nviolations. 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\n31, 2019, and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018, and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015, and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nMarkWest Utica EMG being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 1-2023-030-WL. 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\n\n\n\nyou believe 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,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":12487}