{"operation":"document","citation":"CPF 220130001W","title":"AMERIGAS PROPANE LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-03-26","effective_on":null,"summary":"CLOSED warning letter citing 192.11(b), 192.616(j), 192.625(f), 192.723(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130001W","body":"Warning Letter involving AMERIGAS PROPANE LP. PHMSA's enforcement data identifies the cited regulations as 192.11(b),  192.616(j),  192.625(f),  192.723(a). The case was opened on 2013-03-26 and is reported as closed as of 2013-03-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220130001W_Operator Response Notice_06182013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130001W/220130001W_Operator%20Response%20Notice_06182013.pdf\n\n220130001W_warning letter_03262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130001W/220130001W_warning%20letter_03262013.pdf\n\n220130001W_warning letter_03262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130001W/220130001W_warning%20letter_03262013_text.pdf\n\n220130001W_warning letter_03262013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 26, 2013\nMr. Paul Grady\nVice President & Chief Operating Officer\nAmeriGas Propane, LP\n460 North Gulf Road\nValley Forge, PA 19482\nCPF 2-2013-0001W\nDear Mr. Grady:\nFrom February 19 - 22, 2013, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to Chapter\n601 of 49 United States Code, inspected the AmeriGas Propane, LP (AmeriGas) liquefied\npetroleum gas (LPG) pipeline system records in the Port Charlotte, Florida office and pipeline\nfacilities in North Port, Florida.\nAs a result of the inspection, it appears that AmeriGas has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are as follows:\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.\nAmeriGas did not meet the requirements for “Regulator Installation” in NFPA 58, Section\n6.7.4.6, which states that “The point of discharge [of a regulator] shall also be located not\nless than 5 ft (1.5 m) in any direction away from any source of ignition, openings into\ndirect-vent (sealed combustion system) appliances, or mechanical ventilation air intakes.”\nThe PHMSA inspectors observed and photographed AmeriGas pressure relief devices\nwith points of discharge less than 5 feet from sources of ignition at the following\nlocations:\n- 6292 Soner Street, North Port\n- 6223 Mayberry, North Port\n\n\n\n2. §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..\nAmeriGas did not provide any records to demonstrate that it had provided public\nawareness messages twice annually to all required stakeholder audiences in calendar year\n2012.\n3. §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.\nAmeriGas did not provide any records to demonstrate that it had conducted periodic\nsampling of combustible gases to assure the proper concentration of odorant by using an\ninstrument capable of determining the percentage of gas in air at which the odor becomes\nreadily detectable.\nAmeriGas did provide documentation from its propane supplier showing the propane was\nodorized prior to delivery and records showing that it had conducted periodic “sniff” tests\nto confirm the gas contained odorant. However, since AmeriGas was not operating\nmaster meter systems, it cannot solely rely on these methods to comply with the\nregulations.\n4. §192.723 Distribution systems: Leakage surveys.\n(a) Each operator of a distribution system shall conduct periodic leakage surveys in\naccordance with this section.\n(b) The type and scope of the leakage control program must be determined by the\nnature of the operations and the local conditions, but it must meet the following2\n\n\n\nminimum requirements:\n(1) A leakage survey with leak detector equipment must be conducted in business\ndistricts, including tests of the atmosphere in gas, electric, telephone, sewer, and\nwater system manholes, at cracks in pavement and sidewalks, and at other locations\nproviding an opportunity for finding gas leaks, at intervals not exceeding 15 months,\nbut at least once each calendar year.\nAmeriGas had a commercial meter serving a hotel in a business districts but did not\nprovide any records to demonstrate that it had conducted leakage surveys at this location\nin calendar year 2011. AmeriGas did conduct leakage surveys at this location in\nOctober 2010 and March - May 2012.\nUnder 49 United States Code, § 60122, AmeriGas Propane, LP is subject to a civil penalty not\nto exceed $200,000 per violation per day the violation persists up to a maximum of\n$2,000,000 for a related series of violations. For violations occurring prior to January 4,\n2012, the maximum penalty may not exceed $100,000 per violation per day, with a maximum\npenalty not to exceed $1,000,000 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the items identified in this letter. Failure to do so will result in\nAmeriGas Propane, LP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2013-0001W. 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: Teresa Shatuck, District Manager\n1402 Market Circle\nPort Charlotte, Florida 33953\nEd. Boden, Safety & Technology Engineer\n460 North Gulf Road\nValley Forge, PA 19482\n3","truncated":false,"body_characters":7535}