{"operation":"document","citation":"CPF 220105002W","title":"TRI-STATES NGL PIPELINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-01-13","effective_on":null,"summary":"CLOSED warning letter citing 195.440(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220105002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220105002W","body":"Warning Letter involving TRI-STATES NGL PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.440(a). The case was opened on 2010-01-13 and is reported as closed as of 2010-01-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220105002W_warning letter_01132010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105002W/220105002W_warning%20letter_01132010.pdf\n\n220105002W_warning letter_01132010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220105002W/220105002W_warning%20letter_01132010_text.pdf\n\n220105002W_warning letter_01132010_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nJanuary 13, 2010\nMr. Steve Pankhurst\nBusiness Unit Leader\nTri-States NGL\nc/o BP US Pipeline & Logistics\n28100 Torch Parkway\nWarrenville, IL 60555\nCPF 2-2010-5002W\nDear Mr. Pankhurst:\nOn June 9-11, 2009, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code, conducted an\nonsite pipeline safety inspection of your Tri-States NGL Pipeline facilities in Alabama,\nMississippi and Louisiana and records at your Moss Point, Mississippi office.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations, Part 195. The items\ninspected and the probable violations are:\n§195.440 Public awareness.\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see\n§195.3).\n(b) The operator's program must follow the general program recommendations of\nAPI RP 1162 and assess the unique attributes and characteristics of the operator's\npipeline and facilities.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator provides\njustification in its program or procedural manual as to why compliance with all or certain\nprovisions of the recommended practice is not practicable and not necessary for safety.\n\n\n\nThe Tri-States NGL Pipeline transports a highly volatile liquid (HVL) product, making the\nhazards associated with this pipeline significantly different than the hazards associated with a\nnatural gas transmission pipeline or a pipeline transporting a non HVL hazardous liquid. The\nbrochure that is being mailed to members of the affected public along the Tri-States NGL\nPipeline right-of-way is of a very general nature. This brochure contains some very good\npipeline safety information. This brochure is applicable to a variety of pipelines, including\nnatural gas transmission and non HVL pipelines but this brochure does not contain information\ndescribing the unique attributes and characteristics of an HVL pipeline. There is nothing in the\nbrochure that would alert the reader that the Tri-States NGL Pipeline is an HVL pipeline and\nthat it has hazards associated with it that are very different than those of a natural gas\ntransmission pipeline or a non HVL pipeline.\nAPI RP1162 requires the baseline message to the affected public to contain information on the\nlocation of the pipeline. The affected public brochure contains some good general information\non pipeline markers and the national pipeline mapping system (NPMS) but it does not contain\nany information on the location of the Tri-States NGL Pipeline.\nA “school letter” was sent to the middle school in Vancleave, MS. This letter is of a very\ngeneral nature and does not contain any information on the unique attributes and characteristics\nof an HVL pipeline. This letter states “that a pipeline or pipelines are located within close\nproximity of your school”. This vague statement would not inform the reader that an HVL\npipeline runs directly behind the school, between the school and the school playground.\nThis letter also incorrectly refers to RP1162 as a federal regulation. RP1162 is an API\nRecommended Practice that has been incorporated by reference into federal pipeline safety\nregulations.\n§195.440(c) specifically requires the operator’s public awareness program to implement the\nbaseline and supplemental requirements of API RP1162. No supplemental requirements have\nbeen implemented for the Tri-States NGL Pipeline for the stakeholder audience of affected\npublic. This is of particular concern in the areas of higher population density such as the area\nnorth of Gulfport, MS where the pipeline runs between the backyards of residential houses and\nthe area in Vancleave, MS where the pipeline runs directly behind the middle school.\nUnder 49 United States Code, §60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violations persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in Tri-States NGL Pipeline, LLC being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2-2010-5002W. 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\n\n\n\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nLinda Daugherty\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":6116}