{"operation":"document","citation":"CPF 220110005W","title":"HERITAGE PROPANE DISTRICT 911 — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-06-14","effective_on":null,"summary":"CLOSED warning letter citing 192.11(b), 192.465(a), 192.465(d), 192.469, 192.491(a), 192.625(f), 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220110005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220110005W","body":"Warning Letter involving HERITAGE PROPANE DISTRICT 911. PHMSA's enforcement data identifies the cited regulations as 192.11(b),  192.465(a),  192.465(d),  192.469,  192.491(a),  192.625(f),  192.747(a). The case was opened on 2011-06-14 and is reported as closed as of 2011-06-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220110005W_warning letter_06142011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110005W/220110005W_warning%20letter_06142011.pdf\n\n220110005W_warning letter_06142011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220110005W/220110005W_warning%20letter_06142011_text.pdf\n\n220110005W_warning letter_06142011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 14, 2011\nPaul Grady\nPresident\nHeritage Propane, LLC\n754 River Rock Drive\nHelena, MT 59602\nCPF 2-2011-0005W\nDear Mr. Grady:\nOn May 23-27, 2011, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the facilities, records and procedures of Heritage Propane\nDistrict 911 (Heritage) liquefied petroleum gas (LPG) pipeline systems in Tampa, Florida,\npursuant to Chapter 601 of 49 United States Code. As a result of the inspection, it appears\nthat Heritage has committed probable violations of the Pipeline Safety Regulations, Title 49,\nCode of Federal Regulations. The items inspected and the probable violations are:\n1. § 192.11 Petroleum gas systems.\n...(b) Each pipeline system subject to this part that transports only petroleum gas or\npetroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.\nHeritage did not meet the requirements of NFPA 58, Section 6.6.1.2, which states that\n“LP-Gas containers or systems of which they are a part shall be protected from damage\nfrom vehicles.” The vaults at 6115 Lanshire Drive, which house regulators, are not\nprotected from vehicular traffic.\n\n\n\n2. §192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once each\ncalendar year, but with intervals not exceeding 15 months, to determine whether the\ncathodic protection meets the requirements of §192.463. However, if tests at those\nintervals are impractical for separately protected short sections of mains or\ntransmission lines, not in excess of 100 feet (30 meters), or separately protected\nservice lines, these pipelines may be surveyed on a sampling basis. At least 10 percent\nof these protected structures, distributed over the entire system must be surveyed\neach calendar year, with a different 10 percent checked each subsequent year, so\nthat the entire system is tested in each 10–year period.\nHeritage did not test each pipeline that is under cathodic protection at least once each\ncalendar year. Heritage has 2-inch steel pipelines, totaling approximately 4,194 feet,\nlocated on Spruce Lane, Filbert Lane, Ponderosa Drive, and Sequoia Drive. Heritage did\nnot provide any records or other documentation to demonstrate that the steel pipelines\nwere ever tested to determine the adequacy of the cathodic protection system.\n3. §192.465 External corrosion control: Monitoring\n... (d) Each operator shall take prompt remedial action to correct any deficiencies\nindicated by the monitoring.\nHeritage did not take prompt remedial actions to correct deficiencies, i.e. unsatisfactory\nlevels of cathodic protection indicated by low1\npipe-to-soil (p/s) readings, found during\ncathodic protection surveys conducted in 2009 and 2010 on underground steel storage\ntanks at Orange Blossom.\n− p/s readings taken during the 2009 annual survey ranged from -702 mV to - 792 mV\n− p/s readings taken during the 2010 annual survey ranged from -720 mV to - 772 mV\nThe p/s readings taken during the PHMSA field inspection on tank 3 at 16719 Amberhill\nDrive confirmed a low reading of -721 mV. Heritage did not have any records or other\ndocumentation of remedial actions taken to correct the deficiencies identified by its\nexternal corrosion protection monitoring.\n4. §192.469 External corrosion control: Test stations.\nEach pipeline under cathodic protection required by this subpart must have\nsufficient test stations or other contact points for electrical measurement to\ndetermine the adequacy of cathodic protection.\nHeritage did not have sufficient test stations or other contact points for electrical\nmeasurement to determine the adequacy of its cathodic protection system. Heritage did\nnot designate any test stations or contact points on its 2-inch steel pipelines. These\n1 The criteria for cathodic protection are contained in 49 CFR Part 192, Appendix D. The criteria being\nreferenced in this letter is negative (cathodic) voltage of at least 850mV with reference to a saturated copper-\ncopper sulfate half cell with protective current applied. Accordingly, a “low” p/s reading is a reading less\nnegative than 850mV.\n2\n\n\n\npipelines on Spruce Lane, Filbert Lane, Ponderosa Drive, and Sequoia Drive are\napproximately 4194 feet in total length.\n5. §192.491 Corrosion control records.\n(a) Each operator shall maintain records or maps to show the location of\ncathodically protected piping, cathodic protection facilities, galvanic anodes, and\nneighboring structures bonded to the cathodic protection system. Records or maps\nshowing a stated number of anodes, installed in a stated manner or spacing, need not\nshow specific distances to each buried anode.\n(b) Each record or map required by paragraph (a) of this section must be retained\nfor as long as the pipeline remains in service.\nHeritage did not maintain records or maps to show the location of its cathodic protection\nsystems. Heritage was unable to provide up-to-date system maps showing the location of\nits galvanic anodes, underground steel LPG tanks, and cathodically protected piping.\n6. §192.625 Odorization of gas\n... (f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable. Operators of master meter systems may comply with this\nrequirement by—\n(1) Receiving written verification from their gas source that the gas has the proper\nconcentration of odorant; and\n(2) Conducting periodic “sniff” tests at the extremities of the system to confirm that\nthe gas contains odorant.\nHeritage did not conduct periodic sampling of combustible gases using an instrument\ncapable of determining the percentage of gas in air at which the odor becomes readily\ndetectable at the extremities of the system. Records showed that Heritage conducted\n“sniff” testing at only one location each calendar year on certain systems but not\nnecessarily at the extremities of these systems or on all regulated systems.\n7. §192.747 Valve maintenance: Distribution systems.\n(a) Each valve, the use of which may be necessary for the safe operation of a\ndistribution system, must be checked and serviced at intervals not exceeding 15\nmonths, but at least once each calendar year.\nHeritage did not check and service each valve which may be necessary for the safe\noperation of its pipeline distribution system at intervals not exceeding 15 months, but at\nleast once each calendar year. Heritage’s records showed inspection of only tank valves\nin calendar years 2009 and 2010.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\n3\n\n\n\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe items identified in this letter. Failure to do so will result in Heritage Propane being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2011-0005W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\ncc: Bill Tate\nVice President & Regional Manager\nHeritage Propane\n5000 Sawgrass Village Circle, Suite 4\nPonte Vedra Beach, FL 32082\nScott Osborne\nDistrict Manager\nHeritage Propane\n5307 E. Hanna Avenue\nTampa, FL 33610\n4","truncated":false,"body_characters":8963}