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

party submissionOfficial PDF220125005M_operator response_06222012.pdf#

220125005M_notice of amendment_05222012_text.pdf, page 1Official PDFNOTICE 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.”#

220125005M_notice of amendment_05222012_text.pdf, page 22. §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#

220125005M_notice of amendment_05222012_text.pdf, page 35. §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, page 1Official PDFCERTIFIED 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#