# TRI-STATES NGL PIPELINE LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 220055008
- **title:** TRI-STATES NGL PIPELINE LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2005-05-11
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.402(c)(4).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-220055008.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-220055008.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-220055008
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220055008
**body:**

Notice of Probable Violation involving TRI-STATES NGL PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195,  195.402(c)(4). The case was opened on 2005-05-11 and is reported as closed as of 2006-02-03. Proposed civil penalty: $5,000. Assessed civil penalty: $5,000. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220055008_Final Order_11152005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055008/220055008_Final%20Order_11152005.pdf

220055008_final order_11152005_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055008/220055008_final%20order_11152005_text.pdf

Final Order Tri-State NGL Pipeline CPF No 2-2005-5008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220055008/Final%20Order%20Tri-State%20NGL%20Pipeline%20CPF%20No%202-2005-5008.pdf

Final Order Tri-State NGL Pipeline CPF No 2-2005-5008.pdf

U.S. Department of Transportation
Pipeline and
Hazardous Materials Safety
Administration
400 Seventh Street, S.W.
Washington, D.C. 20590
NOV 1 5 2005
Mr. Jim Lamanna
BP Pipelines (North America), Inc.
28 100 Torch Parkway
Warrenville, IL 60555
RE: Tri-States NGL Pipeline CPF No. 2-2005-5008
Dear Mr. Lamanna:
Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the
above-referenced case. It makes a finding of violation and assesses a civil penalty of $5,000. The
penalty payment terms are set forth in the Final Order. This enforcement action closes
automatically upon payment. Your receipt ofthe Final Order constitutes service of that document
under 49 C.F.R. § 190.5.
Sincerely,
James Reynolds
Pipeline Compliance Registry
Office of Pipeline Safety
Enclosure
cc: Mr. Gerald E Schau, HSSE & Integrity Manager, BP Pipelines (North America), Inc.
Ms. Linda Daugherty, Director, Southern Region, OPS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
In the Matter of 1
1
BP Pipelines (North America), Inc.,
) CPF NO. 2-2005-5008
Tri-States NGL Pipeline, L.L.C. 1
Respondent.
FINAL ORDER
On December 14-17,2004, pursuant to 49 U.S.C. § 601 17, arepresentative of the Office of Pipeline
Safety (OPS), Southern Region conducted an on-site pipeline safety inspection of Tri-States NGL
Pipeline facilities and records in Alabama and Mississippi, operated by BP Pipelines (North
America), Inc.. As a result of the inspection, the Director, Southern Region, OPS, issued to
Respondent, by letter dated May 11, 2005, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. 5190.207, the Notice proposed finding that
Respondent had violated 49 C.F.R. 5 195.402 and proposed assessing a civil penalty of $5,000 for
the alleged violation.
Respondent failed to respond within 30 days after it had received the Notice. Respondent's failure
to respond constitutes a waiver of Respondent's right to contest the allegations in the Notice and
authorizes the entry of this Final Order.
FINDINGS OF VIOLATION
(Uncontested)
Respondent did not contest the alleged violation in the Notice. Accordingly, I find that Respondent
violated 49 C.F.R. Part195, as more fully described in the Notice:
49 C.F.R. tj 195.402(a) and (c)(4)- failure to include in its O&M manual written
procedures for conducting normal operations and maintenance activities and handling
abnormal operations and emergencies procedures to determine and designate which
pipeline facilities are located in areas that would require an immediate response by
the operator to prevent hazards to the public if the facilities failed or malfunctioned.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U.S.C. 4 60122, Respondent is subject to a civil penalty not to exceed $100,000 per
violation for each day of the violation up to a maximum of $1,000,000 for any related series of
violations. The Notice proposed a total civil penalty of $5,000 for violations of 49 C.F.R. Part
195.
49 U.S.C. $60122 and 49 C.F.R. 5 190.225 require that, in determining the amount of the civil
penalty, I consider the following criteria: nature, circumstances, and gravity of the violation,
degree of Respondent's culpability, history of Respondent's prior offenses, Respondent's ability
to pay the penalty, good faith by Respondent in attempting to achieve compliance, the effect on
Respondent's ability to continue in business, and such other matters as justice may require.
The Notice proposed a civil penalty of $5,000, as Respondent failed to designate in its 0 & M
procedures which pipeline facilities are located in areas that would require an immediate response
by the operator to prevent hazards to the public if the facilities failed or malfunctioned.
Respondent did not contest the allegation of violation. The primary objective of the Federal
pipeline safety standards is safe operation of pipeline systems. Failure to comply with 49 C.F.R.
8 l95.402(~)(4) could cause an untimely response by Respondent's personnel or exacerbate
problems during normal operations, abnormal operations or in an emergency, resulting in an
increase in the risk of harm to Respondent's personnel and the public. Accordingly, having
reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty
of $5,000 for violation of 49 C.F.R. $195.402(~)(4).
Payment of the civil penalty must be made within 20 days of service. Payment may be made by
sending a certified check or money order (containing the CPF Number for this case) payable to
"U.S. Department of Transportation" to the Federal Aviation Administration, Mike Monroney
Aeronautical Center, Financial Operations Division (AMZ-120), P.O. Box 25082, Oklahoma
City, OK 73125.
Federal regulations (49 C.F.R. 8 89.21(b)(3)) also permit this payment to be made by wire
transfer, through the Federal Reserve Communications System (Fedwire), to the account of the
U.S. Treasury. Detailed instructions are contained in the enclosure. Questions concerning wire
transfers should be directed to: Financial Operations Division (AMZ- 120), Federal Aviation
Administration, Mike Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, OK
73 125; (405) 954-4719.
Failure to pay the $5,000 civil penalty will result in accrual of interest at the current annual rate
in accordance with 3 1 U.S.C. $ 3717,3 1 C.F.R. 4 901.9 and 49 C.F.R. $89.23. Pursuant to those
same authrities, a !zte pena!ty charge of six percent (6%) per aisiiil will be charged if payment
is not made within 1 10 days of service. Furthermore, failure to pay the civil penalty may result
in referral of the matter to the Attorney General for appropriate action in a United States District
Court.



Under 49 C.F.R. 5 190.21 5, Respondent has a right to Petition for Reconsideration of this Final
Order. The petition must be received within 20 days of Respondent's receipt of this Final Order
and must contain a brief statement of the issue(s). The filing of a petition automatically stays the
payment of any civil penalty assessed. However, if Respondent submits payment for the civil
penalty, the Final Order becomes the final administrative decision and the right to Petition for
Reconsideration is waived. The terms and conditions of this Final Order are effective upon
recyit.
NOV 1 5 2005
Date Issued

220055008_final order_11152005_text.pdf

U S Department
of Transportation
Pipeline and
Hazardous Materials Safety
Administration
400 Seventh Street, S W
Washington, O C 20590
NOV 15 2005
Mr Jim Lamanna
BP Pipehnes (North Amenca), Inc
28100 Torch Parkway
Warrenvtlle, IL 60555
RE Tn-States NGL Pipehne CPF No 2-2005-5008
Dear Mr Lamanna
Enclosed is the Final Order issued by the Associate Administrator for Pipehne Safety in the
above-referenced case It makes a finding of violation and assesses a civil penalty of $5, 000 The
penalty payment terms are set forth in the Final Order This enforcement action closes
automatically upon payment Your receipt of the Final Order constitutes service of that document
under49C FR $ 190 5
Smcerely,
James Reynolds
Pipeline Comphance Registry
Office of Pipeline Safety
Enclosure
cc Mr Gerald E Schau, HSSE & Integnty Manager, BP Pipelines (North Amenca), Inc
Ms Linda Daugherty, Director, Southern Region, OPS
CERTIFIED MAIL - RETURN RECEIPT RE UESTED



DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D. C. 20590
In the Matter of
BP Pipehnes (North America), Inc,
Trt-States NGL Pipetroe, L L C
Respondent.
)
) ) CPF No. 2-2005-5008
)
FINAL ORDER
On December 14-17, 2004, pursuant to 49 U S C Il 60117, a representative of the Office of Pipehne
Safety (OPS), Southern Region conducted an on-site pipehne safety inspection of Tn-States NGL
Pipehne facihties and records in Alabama and Mississippi, operated by BP Pipelines (North
Amenca), Inc As a result of the inspection, the Director, Southern Region, OPS, issued to
Respondent, by letter dated May 11, 2005, a Notice of Probable Violation and Proposed Civil
Penalty (Notice) In accordance with 49 C F R $190 207, the Notice proposed finding that
Respondent had violated 49 C F R I'l 195 402 and proposed assessing a civil penalty of $5, 000 for
the alleged violation
Respondent failed to respond within 30 days after it had received the Notice Respondent's fiulure
to respond constitutes a waiver of Respondent's nght to contest the allegations in the Notice and
authonzes the entry of this Final Order
FINDINGS OF VIOLATION
(Uncontested)
Respondent did not contest the alleged violation in the Notice Accordingly, I find that Respondent
violated 49 C F R Part195, as more fully descnbed in the Notice
49 C F R It 195 402(a) and (c)(4)- failure to include in its OkM manual wntten
procedures for conducting normal operations and maintenance activities and handhng
abnormal operations and emergencies procedures to determine and designate which
pipeline facihties are located in areas that would require an immediate response by
the operator to prevent hazards to the pubhc if the facihties failed or malfunctioned
This finding of violation will be considered a pnor offense in any subsequent enforcement action
taken against Respondent.



ASSESSMENT OF PENALTY
Under 49 U S C tt 60122, Respondent is sub)ect to a civd penalty not to exceed $100, 000 per
violation for each day of the violation up to a maximum of $1, 000, 000 for any related senes of
violations The Notice proposed a total civil penalty of $5, 000 for violations of 49 C F R Part
195
49 U S C tl 60122 and 49 C F R $ 190 225 reqmre that, indetermuung the amount ofthe civil
penalty, I consider the following criteria nature, circumstances, and gravity of the violation,
degree of Respondent's culpability, lustory of Respondent's pnor offenses, Respondent's ability
to pay the penalty, good fiuth by Respondent in attempting to achieve compliance, the effect on
Respondent's abdity to continue in business, and such other matters as )ustice may require
The Notice proposed a civil penalty of $5, 000, as Respondent failed to designate in its 0 2 M
procedures which pipehne facdities are located in areas that would require an immediate response
by the operator to prevent hazards to the public if the facihties failed or malfunctioned
Respondent did not contest the allegation of violation The pnmary ob)ective of the Federal
pipeline safety standards is safe operation ofpipehne systems Failure to comply with 49 C F R
t1195 402(c)(4) could cause an untimely response by Respondent's personnel or exacerbate
problems during normal operations, abnormal operations or in an emergency, resultmg m an
increase in the risk of harm to Respondent's personnel and the public Accordingly, having
reviewed the record and considered the assessment cnteria, I assess Respondent a civil penalty
of $5, 000 for violation of 49 C F R t1195 402(c)(4)
Payment of the civil penalty must be made witlun 20 days of service Payment may be made by
sending a certified check or money order (contauung the CPF Number for this case) payable to
"U S Department of Transportation" to the Federal Aviation Administration, Mike Monroney
Aeronautical Center, Fmancial Operations Division (AMZ-120), P 0 Box 25082, Oklahoma
City, OK 73125
Federal regulations (49 C F R $ 89 21(b)(3)) also permit this payment to be made by wire
transfer, through the Federal Reserve Communications System (Fedwire), to the account of the
U S Treasury Detailed instructions are contained in the enclosure Questions conceriung wire
transfers should be directed to Financial Operations Division (AMZ-120), Federal Aviation
Adnunistration, Mike Monroney Aeronautical Center, P 0 Box 25082, Oklahoma City, OK
73125, (405) 954-4719
Failure to pay the $5, 000 civil penalty will result in accrual of interest at the current annual rate
in accordance with 31 U S C $ 3717, 31 C F R t1 '901 9 and 49 C F R $ 89 23 Pursuant to those
same authorities, a late pena! ty cage of six percent (6%) per annum wdl be charged if payment
is not made within 110 days of service Furthermore, failure to pay the civil penalty may result
in referral of the matter to the Attorney General for appropriate action in a United States Distnct
Court



Under 49 C F R $ 190 215, Respondent has a nght to Petition for Reconsideration of this Final
Order The petition must be received wtthtn 20 days of Respondent's receipt of this Final Order
and must contain a bnef statement of the tssue(s) The filing of a petition automatically stays the
payment of any civil penalty assessed However, if Respondent submits payment for the civil
penalty, the Final Order becomes the final admtntstrahve decision and the right to Petition for
Reconsideration is waived The terms and conditions of this Final Order are effective upon
recei t
ace erard Date Issued
A oc te Admiiustrator
for ipehne Safety
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