{"operation":"document","citation":"CPF 220120002W","title":"HERITAGE PROPANE — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-01-19","effective_on":null,"summary":"CLOSED warning letter citing 192.465(a), 192.481, 192.605(a), 192.605(b)(8), 192.616(j), 192.625(f), 192.743.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220120002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220120002W","body":"Warning Letter involving HERITAGE PROPANE. PHMSA's enforcement data identifies the cited regulations as 192.465(a),  192.481,  192.605(a),  192.605(b)(8),  192.616(j),  192.625(f),  192.743. The case was opened on 2012-01-19 and is reported as closed as of 2012-01-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220120002W_warning letter_01192012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220120002W/220120002W_warning%20letter_01192012.pdf\n\n220120002W_warning letter_01192012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220120002W/220120002W_warning%20letter_01192012_text.pdf\n\n220120002W_warning letter_01192012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 19, 2012\nPaul Grady\nPresident\nHeritage Propane, LLC\n754 River Rock Drive\nHelena, MT 59602\nCPF 2-2012-0002W\nDear Mr. Grady:\nFrom October 17 -19, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the Heritage Propane (Heritage) records and procedures\nin its Spring Hill, Florida office and its liquefied petroleum gas (LPG) pipeline systems in\nHernando County, Florida, pursuant to Chapter 601 of 49 United States Code.\nAs a result of the inspection, it appears that Heritage has committed probable violations of the\nPipeline Safety Regulations in Title 49 of the Code of Federal Regulations. The items\ninspected and the probable violations are as follows:\n1. §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 line, not in excess of 100 feet (30 meters), or separately protected\nservice line, these pipelines may be surveyed on a sampling basis. At least 10\npercent of these protected structures, distributed over the entire system must be\nsurveyed each calendar year, with a different 10 percent checked each subsequent\nyear, so that 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, but with intervals not exceeding 15 months, to determine whether the\ncathodic protection meets the requirements of §192.463. Heritage has a distribution\nsystem with polyethylene mains and steel valves at Area 3. Heritage did not provide\ndocumentation demonstrating that it performed the required cathodic protection testing\non the steel valves as required by the regulation.\n\n\n\n2. §192.481 Atmospheric corrosion control: Monitoring.\n(a) Each operator must inspect each pipeline or portion of pipeline that is exposed\nto the atmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is\nlocated: Then the frequency of inspection is:\nOnshore At least once every 3 calendar years, but with intervals not\nexceeding 39 months\nOffshore At least once each calendar year, but with intervals not\nexceeding 15 months\n(b) During inspections the operator must give particular attention to pipe at soil-to-\nair interfaces, under thermal insulation, under disbonded coatings, at pipe supports,\nin splash zones, at deck penetrations, and in spans over water.\n(c) If atmospheric corrosion is found during an inspection, the operator must\nprovide protection against the corrosion as required by §192.479.\nHeritage did not inspect each onshore pipeline or portion of pipeline exposed to the\natmosphere for evidence of atmospheric corrosion at least once every 3 calendar years,\nbut with intervals not exceeding 39 months. Heritage has onshore portions of pipeline\nexposed to the atmosphere at its LPG bulk plants at Area 1, Area 2, Area 3, and Area 4.\nHeritage did not provide documentation demonstrating that it performed the atmospheric\ncorrosion control monitoring for these areas, as required by the regulation.\n3. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nHeritage’s written procedural manual for operations, maintenance, and emergencies\neither did not have procedures or had inadequate procedures for each of the following:\n– defining an incident in accordance with the definition found in §191.3.\n– requiring reports (except safety related condition reports (SRCR) and offshore\npipeline condition reports) be submitted in accordance with the requirements of\n§191.7.\n– reporting mechanical fitting failures on its distribution systems as required by\n§191.12.\n2\n\n\n\n– notifying PHMSA electronically through the National Registry of Pipeline and LNG\nOperators at http://opsweb.phmsa.dot.gov of certain events, as required by §191.22.\n– notifying new customers, within 90 days, of their responsibility for service lines not\nmaintained by the operator as required by §192.16.\n– joining plastic pipe in accordance with §192.281.\n– qualifying joining procedures for plastic pipe in accordance with §192.283.\n– qualifying persons to make plastic pipe joints in accordance with §192.285.\n– inspecting joints in plastic pipes in accordance with §192.287.\n– protecting metallic pipelines from external corrosion with an external coating in\naccordance with the requirements of §192.461.\n– taking prompt remedial action as required by §192.465(d).\n– establishing sufficient test stations or other contact points for electrical measurement\nto determine the adequacy of cathodic protection as required by §192.469.\n– connecting, attaching, and maintaining test leads in accordance with §192.471.\n– controlling atmospheric corrosion in accordance with §192.479.\n– providing instructions enabling personnel who perform operation and maintenance\nactivities to recognize conditions that potentially may be safety-related conditions as\nrequired by §192.605(d).\n– providing its public awareness messages to customers and where the petroleum gas\nsystem is located on property the operator does not control, to persons controlling the\nproperty, twice annually in accordance with §192.616(j).\n– odorizing the gas so that at a concentration in air of one-fifth of the lower explosive\nlimit, the gas is readily detectable by a person with a normal sense of smell, as\nrequired by §192.625(a); and conducting periodic sampling of combustible gases\nusing an instrument capable of determining the percentage of gas in air at which the\nodor becomes readily detectable as required by §192.625(f).\n– abandoning or deactivating inactive pipelines not being maintained in accordance\nwith §192.727(c) and whenever service to a customer is discontinued, complying\nwith one of the requirements of §192.727(d).\n– determining the capacity of relief devices by testing the devices in place or by review\nand calculation in accordance with §192.743.\n4. §192.605 Procedural manual for operations, maintenance, and emergencies.\n... (b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n... (8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedure when deficiencies are found.\nHeritage did not periodically review the work done by its personnel to determine the\neffectiveness and adequacy of the procedures used in normal operation and maintenance\nand to modify the procedure when deficiencies were found. That is, Heritage did not\nprovide documentation demonstrating that it periodically reviewed the work done by its\n3\n\n\n\npersonnel or that it modified its procedures when deficiencies were found, as required by\nthe regulation.\n5. §192.616 Public Awareness.\n… (j) Unless the operator transports gas as a primary activity, the operator of a\nmaster meter or petroleum gas system is not required to develop a public awareness\nprogram as prescribed in paragraphs (a) through (g) of this section. Instead the\noperator must develop and implement a written procedure to provide its customers\npublic awareness messages twice annually. If the master meter or petroleum gas\nsystem is located on property the operator does not control, the operator must\nprovide similar messages twice annually to persons controlling the property. The\npublic awareness message must include:\n(1) A description of the purpose and reliability of the pipeline;\n(2) An overview of the hazards of the pipeline and prevention measures used;\n(3) Information about damage prevention;\n(4) How to recognize and respond to a leak; and\n(5) How to get additional information.\nHeritage did not provide its public awareness messages twice annually to all required\nstakeholder audiences. Heritage documentation and statements showed that Heritage\nprovided its public awareness message, where its petroleum gas systems were located on\nproperty it did not control, once annually to persons controlling the property.\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\nthis requirement 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 assure the proper concentration of odorant by conducting periodic\nsampling of combustible gases using an instrument capable of determining the\npercentage of gas in air at which the odor becomes readily detectable. Heritage provided\ndocumentation from its propane supplier showing the propane was odorized prior to\ndelivery and records showing that the operator conducted periodic “sniff” tests to confirm\nthe gas contained odorant. However, since Heritage was not operating master meter\nsystems, it cannot use this method to comply with the regulation. The only acceptable\nmethod of complying was to use an instrument capable of determining the percentage of\ngas in air at which the odor becomes readily detectable.\n4\n\n\n\n7. §192.743 Pressure limiting and regulating stations: Capacity of relief devices.\n(a) Pressure relief devices at pressure limiting stations and pressure regulating\nstations must have sufficient capacity to protect the facilities to which they are\nconnected. Except as provided in §192.739(b), the capacity must be consistent with\nthe pressure limits of §192.201(a). This capacity must be determined at intervals not\nexceeding 15 months, but at least once each calendar year, by testing the devices in\nplace or by review and calculations\n(b) If review and calculations are used to determine if a device has sufficient\ncapacity, the calculated capacity must be compared with the rated or\nexperimentally determined relieving capacity of the device for the conditions under\nwhich it operates. After the initial calculations, subsequent calculations need not be\nmade if the annual review documents that parameters have not changed to cause\nthe rated or experimentally determined relieving capacity to be insufficient.\n(c) If a relief device is of insufficient capacity, a new or additional device must be\ninstalled to provide the capacity required by paragraph (a) of this section.\nHeritage did not determine the capacity of relief devices at intervals not exceeding 15\nmonths, but at least once each calendar year, by testing the devices in place or by review\nand calculations. Heritage had relief devices just downstream of its vaporizers at the\nArea 2 bulk plant. Heritage did not provide records demonstrating that the relief devices\nhad sufficient capacity to protect the facilities to which they were connected, determined\nat intervals not exceeding 15 months, but at least once each calendar year, by testing the\ndevices in place or by review and calculations. Furthermore, Heritage did not provide\ndocumentation that parameters had not changed to cause the rated or experimentally\ndetermined relieving capacity to be insufficient.\nUnder 49 United States Code, § 60122, Heritage Propane, LLC is subject to a civil penalty not\nto exceed $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\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, LLC\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2012-0002W. 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\n5\n\n\n\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: Donald Taylor\nDistrict Manager\nHeritage Propane\n10527 Spring Hill Drive\nSpring Hill, FL 34608\n6","truncated":false,"body_characters":14438}