{"operation":"document","citation":"CPF 220130002W","title":"AMERIGAS PROPANE LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-03-27","effective_on":null,"summary":"CLOSED warning letter citing 192.11(b), 192.465(a), 192.721, 192.739, 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130002W","body":"Warning Letter involving AMERIGAS PROPANE LP. PHMSA's enforcement data identifies the cited regulations as 192.11(b),  192.465(a),  192.721,  192.739,  192.747(a). The case was opened on 2013-03-27 and is reported as closed as of 2013-03-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220130002W_Operator Response_08282013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130002W/220130002W_Operator%20Response_08282013.pdf\n\n220130002W_warning letter_03272013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130002W/220130002W_warning%20letter_03272013.pdf\n\n220130002W_warning letter_03272013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130002W/220130002W_warning%20letter_03272013_text.pdf\n\n220130002W_warning letter_03272013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 27, 2013\nMr. Paul Grady\nVice President & Chief Operating Officer\nAmeriGas Propane, LP\n460 North Gulf Road\nValley Forge, PA 19482\nCPF 2-2013-0002W\nDear Mr. Grady:\nFrom March 4-8, 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 Lakeland, Florida office and pipeline\nfacilities in Dover and Valrico, 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 gas meter assemblies, each\nof which included a regulator with a point of discharge less than 5 feet from a source of\nignition (gas heater) at the following locations:\n\n\n\n− 2411 Drake Elm Street, Valrico\n− 2204 Durrant Court (Brandon East)\n− 2203 Sunnybank (Brandon East)\n− 3803 Sunnybank (Brandon East)\n2. §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 percent\nof these protected structures, distributed over the entire system must be surveyed\neach calendar year, with a different 10 percent checked each subsequent year, so\nthat the entire system is tested in each 10-year period.\nAmeriGas did not provide records to demonstrate that it had performed external corrosion\ncontrol monitoring of the tanks for the following systems in calendar year 2012 to\ndetermine whether the cathodic protection met the requirements of §192.463.\n− Stoney Creek\n− Valterra\n− Brandon East\n− Arista\n3. §192.721 Distribution systems: Patrolling.\n(a) The frequency of patrolling mains must be determined by the severity of the\nconditions which could cause failure or leakage, and the consequent hazards to\npublic safety.\n(b) Mains in places or on structures where anticipated physical movement or\nexternal loading could cause failure or leakage must be patrolled—\n(1) In business districts, at intervals not exceeding 4½ months, but at least four times\neach calendar year; and\n(2) Outside business districts, at intervals not exceeding 7½ months, but at least twice\neach calendar year.\nAmeriGas did not provide records to demonstrate that it had patrolled its mains outside\nbusiness districts for the following systems in calendar year 2012 at intervals not\nexceeding 7½ months, but at least twice each calendar year.\n2\n\n\n\n− Stoney Creek\n− Valterra\n− Brandon East\n− Crossby Crossing\n− Arista\n4. §192.739 Pressure limiting and regulating stations: Inspection and testing.\n(a) Each pressure limiting station, relief device (except rupture discs), and pressure\nregulating station and its equipment must be subjected at intervals not exceeding 15\nmonths, but at least once each calendar year, to inspections and tests to determine\nthat it is—\n(1) In good mechanical condition;\n(2) Adequate from the standpoint of capacity and reliability of operation for the\nservice in which it is employed;\n(3) Except as provided in paragraph (b) of this section, set to control or relieve at the\ncorrect pressure consistent with the pressure limits of §192.201(a); and\n(4) Properly installed and protected from dirt, liquids, or other conditions that might\nprevent proper operation.\nAmeriGas did not provide any records to demonstrate that it had inspected, tested, and\ndetermined the capacity of each pressure limiting and regulating station, and its equipment\nat the following locations in calendar year 2012.\n− Brandon East\n− Stoney Creek\n− Valterra\n5. §192.747 Valve maintenance: Distribution systems.\n(a) Each valve, the use of which may be necessary for the safe operation of a\ndistribution system, must be checked and serviced at intervals not exceeding 15\nmonths, but at least once each calendar year.\nAmeriGas identified 19 poly plug valves functioning as key or emergency valves in 5\nregulated systems but did not provide any records to demonstrate that it had checked and\nserviced each of these valves in calendar year 2012. The two key valves at the Valterra\nsystem were not checked and serviced calendar years 2011 and 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, 2012,\nthe 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.\n3\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2013-0002W. 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\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: Keith Thomas, District Manager\n2228 East Main Street\nLakeland, Florida 33801\nEd. Boden, Safety & Technology Engineer\n460 North Gulf Road\nValley Forge, PA 19482\n4","truncated":false,"body_characters":7900}