# MARKWEST RANGER PIPELINE COMPANY, L.L.C. — Notice of Amendment

- **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:** Not available
- **summary:** CLOSED notice of amendment citing 195.440(a), 195.440(g).
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- **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.

Official case documents:

220125005M_closure letter_09052012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_closure%20letter_09052012.pdf

220125005M_closure letter_09052012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_closure%20letter_09052012_text.pdf

220125005M_notice of amendment_05222012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_notice%20of%20amendment_05222012.pdf

220125005M_notice of amendment_05222012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_notice%20of%20amendment_05222012_text.pdf

220125005M_operator response_06222012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220125005M/220125005M_operator%20response_06222012.pdf

220125005M_notice of amendment_05222012_text.pdf

NOTICE OF AMENDMENT
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
May 22, 2012
Mr. John Mollenkopf
Senior Vice President, Chief Operations Officer
MarkWest Ranger Pipeline Company
1515 Arapahoe Street, Tower 2, Suite 700
Denver, CO 80202-2126
CPF 2-2012-5005M
Dear Mr. Mollenkopf:
From March 28-29, 2012, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) inspected the MarkWest Ranger Pipeline Company (MarkWest)
written Public Awareness Program at your Ashland, Kentucky office pursuant to Chapter 601
of 49 United States Code.
On the basis of the inspection, PHMSA has identified apparent inadequacies within
MarkWest’s written Public Awareness Program procedures, as described below:
1. §195.440 Public awareness.
(a) Each pipeline operator must develop and implement a written continuing public
education program that follows the guidance provided in the American Petroleum
Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see
§195.3).
MarkWest’s Public Awareness Program procedures did not define the various stakeholder
audiences in adequate detail to assure the proper audience members were fully identified.
Moreover, the plan did not provide a measureable way to quantify the audience members,
such as by distance from pipeline, location in a given county or other geographic
description. American Petroleum Institute Recommended Practice 1162 (API RP 1162),
Section 3 Stakeholder Audiences states “One of the initial tasks in developing a Public
Awareness Program is to identify the audience(s) that should receive the programs
messages.”



2. §195.440 Public awareness.
(a) Each pipeline operator must develop and implement a written continuing public
education program that follows the guidance provided in the American Petroleum
Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see
§195.3).
MarkWest’s Public Awareness Program procedures did not consider the effects of the
mountainous terrain in and around its pipeline on the vapor dispersion of the highly
volatile liquid (HVL) product the pipeline transports when it identified audience
members. API RP 1162, Section 3 Stakeholder Audiences states “One of the initial tasks
in developing a Public Awareness Program is to identify the audience(s) that should
receive the programs messages.”
3. §195.440 Public awareness.
(a) Each pipeline operator must develop and implement a written continuing public
education program that follows the guidance provided in the American Petroleum
Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see
§195.3).
MarkWest’s Public Awareness Program procedures did not establish methods for
conducting an annual audit or a review of whether the program has been developed and
implemented in accordance with API RP 1162, Section 8.3 Measuring Program
Implementation. The procedures required that an annual evaluation be done that will
− “Assess whether the current program is effective in achieving its objectives,
− Provide MarkWest information on implementing improvements in its Public
Awareness Program effectiveness; and,
− “Demonstrates to company management and regulators, the status and validity
of MarkWest Public Awareness Program.
”
That said, the procedures did not require that the Public Awareness Program be
reviewed to assure it achieved the requirements of API RP 1162 and that the program
had been implemented and documented as planned.
4. §195.440 Public awareness.
(a) Each pipeline operator must develop and implement a written continuing public
education program that follows the guidance provided in the American Petroleum
Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see
§195.3).
MarkWest’s Public Awareness Program procedures did not establish detailed processes or
metrics for conducting the “Program Evaluation” in accordance with API RP 1162,
Section 8.4 Measuring Program Effectiveness. Appendix A of MarkWest’s Public
Awareness Program contained a “Program Evaluation” form which did not included
sufficient detail to fulfill the requirements. Additional procedures are needed to explain
how the elements of API RP 1162 will be accomplished and what metrics will be used to
establish adequacy of the program evaluation.
2



5. §195.440 Public awareness.
(g) The program must be conducted in English and in other languages commonly
understood by a significant number and concentration of the non-English speaking
population in the operator's area.
MarkWest’s Public Awareness Program procedures did not contain procedures for
determining if languages other than English are needed.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed
as part of this Notice is a document entitled Response Options for Pipeline Operators in
Compliance Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you believe that any portion of your responsive material qualifies
for confidential treatment under 5 U.S.C. 552(b), along with the complete original document
you must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted
information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond
within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the
allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to
find facts as alleged in this Notice without further notice to you and to issue a Final Order.
If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in
this Notice, you may be ordered to amend your plans or procedures to correct the
inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that
you submit your amended procedures to my office within 30 days of receipt of this Notice.
This period may be extended by written request for good cause. Once the inadequacies
identified herein have been addressed in your amended procedures, this enforcement action
will be closed.
It is requested (not mandated) that MarkWest Ranger Pipeline Company maintain
documentation of the safety improvement costs associated with fulfilling this Notice of
Amendment (preparation/revision of plans, procedures) and submit the total to
Wayne T. Lemoi, Director, Southern Region, Pipeline and Hazardous Materials Safety
Administration. In correspondence concerning this matter, please refer to
CPF 2-2012-5005M and, for each document you submit, please provide a copy in electronic
format whenever possible.
Sincerely,
Wayne T. Lemoi
Director, Office of Pipeline Safety
PHMSA Southern Region
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
3

220125005M_closure letter_09052012_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
September 5, 2012
Mr. John Mollenkopf
Senior Vice President, Chief Operations Officer
MarkWest Ranger Pipeline Company
1515 Arapahoe Street, Tower 2, Suite 700
Denver, CO 80202-2126
CPF 2-2012-5005M
Dear Mr. Mollenkopf:
From March 28-29, 2012, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) inspected the MarkWest Ranger Pipeline Company (MarkWest)
written Public Awareness Program at your Ashland, Kentucky office pursuant to Chapter 601
of 49 United States Code. As a result of the inspection, PHMSA issued a Notice of
Amendment (NOA) on May 22, 2012.
The PHMSA Southern Region received and reviewed MarkWest’s written response to the
NOA dated June 22, 2012. We also received and reviewed a letter from Mark West dated
August 23, 2012, responding to comments made by Southern Region personnel at a July 25,
2012, meeting at the Southern Region office in Atlanta. Upon review of the aforementioned
correspondence, we find MarkWest’s amended procedures adequate. This letter is to inform
you that MarkWest has complied with the terms of the NOA and that no further action is
necessary with regards to the NOA. This case is now closed.
Please be advised that this letter refers only to the NOA (CPF 2-2012-5005M) and not to any
other PHMSA pending cases. Also be advised that nothing herein states or implies that the
MarkWest Public Awareness Program meets the requirements of the federal pipeline safety
regulations or that the Public Awareness Program is approved. The pipeline system and
Public Awareness Program remain subject to inspection by PHMSA.
Sincerely,
Wayne T. Lemoi
Director, Office of Pipeline Safety
PHMSA Southern Region
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