{"operation":"document","citation":"CPF 220125005M","title":"MARKWEST RANGER PIPELINE COMPANY, L.L.C. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-05-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440(a), 195.440(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220125005m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220125005m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220125005m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220125005M","body":"Notice of Amendment involving MARKWEST RANGER PIPELINE COMPANY, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.440(a),  195.440(g). The case was opened on 2012-05-22 and is reported as closed as of 2012-09-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220125005M_closure letter_09052012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_closure%20letter_09052012.pdf\n\n220125005M_closure letter_09052012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_closure%20letter_09052012_text.pdf\n\n220125005M_notice of amendment_05222012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_notice%20of%20amendment_05222012.pdf\n\n220125005M_notice of amendment_05222012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_notice%20of%20amendment_05222012_text.pdf\n\n220125005M_operator response_06222012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_operator%20response_06222012.pdf\n\n220125005M_notice of amendment_05222012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 22, 2012\nMr. John Mollenkopf\nSenior Vice President, Chief Operations Officer\nMarkWest Ranger Pipeline Company\n1515 Arapahoe Street, Tower 2, Suite 700\nDenver, CO 80202-2126\nCPF 2-2012-5005M\nDear Mr. Mollenkopf:\nFrom March 28-29, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the MarkWest Ranger Pipeline Company (MarkWest)\nwritten Public Awareness Program at your Ashland, Kentucky office pursuant to Chapter 601\nof 49 United States Code.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within\nMarkWest’s written Public Awareness Program procedures, as described below:\n1. §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).\nMarkWest’s Public Awareness Program procedures did not define the various stakeholder\naudiences in adequate detail to assure the proper audience members were fully identified.\nMoreover, the plan did not provide a measureable way to quantify the audience members,\nsuch as by distance from pipeline, location in a given county or other geographic\ndescription. American Petroleum Institute Recommended Practice 1162 (API RP 1162),\nSection 3 Stakeholder Audiences states “One of the initial tasks in developing a Public\nAwareness Program is to identify the audience(s) that should receive the programs\nmessages.”\n\n\n\n2. §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).\nMarkWest’s Public Awareness Program procedures did not consider the effects of the\nmountainous terrain in and around its pipeline on the vapor dispersion of the highly\nvolatile liquid (HVL) product the pipeline transports when it identified audience\nmembers. API RP 1162, Section 3 Stakeholder Audiences states “One of the initial tasks\nin developing a Public Awareness Program is to identify the audience(s) that should\nreceive the programs messages.”\n3. §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).\nMarkWest’s Public Awareness Program procedures did not establish methods for\nconducting an annual audit or a review of whether the program has been developed and\nimplemented in accordance with API RP 1162, Section 8.3 Measuring Program\nImplementation. The procedures required that an annual evaluation be done that will\n− “Assess whether the current program is effective in achieving its objectives,\n− Provide MarkWest information on implementing improvements in its Public\nAwareness Program effectiveness; and,\n− “Demonstrates to company management and regulators, the status and validity\nof MarkWest Public Awareness Program.\n”\nThat said, the procedures did not require that the Public Awareness Program be\nreviewed to assure it achieved the requirements of API RP 1162 and that the program\nhad been implemented and documented as planned.\n4. §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).\nMarkWest’s Public Awareness Program procedures did not establish detailed processes or\nmetrics for conducting the “Program Evaluation” in accordance with API RP 1162,\nSection 8.4 Measuring Program Effectiveness. Appendix A of MarkWest’s Public\nAwareness Program contained a “Program Evaluation” form which did not included\nsufficient detail to fulfill the requirements. Additional procedures are needed to explain\nhow the elements of API RP 1162 will be accomplished and what metrics will be used to\nestablish adequacy of the program evaluation.\n2\n\n\n\n5. §195.440 Public awareness.\n(g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English speaking\npopulation in the operator's area.\nMarkWest’s Public Awareness Program procedures did not contain procedures for\ndetermining if languages other than English are needed.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that MarkWest Ranger Pipeline Company maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to\nWayne T. Lemoi, Director, Southern Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to\nCPF 2-2012-5005M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n220125005M_closure letter_09052012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 5, 2012\nMr. John Mollenkopf\nSenior Vice President, Chief Operations Officer\nMarkWest Ranger Pipeline Company\n1515 Arapahoe Street, Tower 2, Suite 700\nDenver, CO 80202-2126\nCPF 2-2012-5005M\nDear Mr. Mollenkopf:\nFrom March 28-29, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) inspected the MarkWest Ranger Pipeline Company (MarkWest)\nwritten Public Awareness Program at your Ashland, Kentucky office pursuant to Chapter 601\nof 49 United States Code. As a result of the inspection, PHMSA issued a Notice of\nAmendment (NOA) on May 22, 2012.\nThe PHMSA Southern Region received and reviewed MarkWest’s written response to the\nNOA dated June 22, 2012. We also received and reviewed a letter from Mark West dated\nAugust 23, 2012, responding to comments made by Southern Region personnel at a July 25,\n2012, meeting at the Southern Region office in Atlanta. Upon review of the aforementioned\ncorrespondence, we find MarkWest’s amended procedures adequate. This letter is to inform\nyou that MarkWest has complied with the terms of the NOA and that no further action is\nnecessary with regards to the NOA. This case is now closed.\nPlease be advised that this letter refers only to the NOA (CPF 2-2012-5005M) and not to any\nother PHMSA pending cases. Also be advised that nothing herein states or implies that the\nMarkWest Public Awareness Program meets the requirements of the federal pipeline safety\nregulations or that the Public Awareness Program is approved. The pipeline system and\nPublic Awareness Program remain subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region","truncated":false,"body_characters":9947}