{"operation":"document","citation":"CPF 220130003W","title":"AMERIGAS PROPANE LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-03-28","effective_on":null,"summary":"CLOSED warning letter citing 192.11(b), 192.465(a), 192.616(j), 192.723(a), 192.743(a), 192.747(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220130003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220130003W","body":"Warning Letter involving AMERIGAS PROPANE LP. PHMSA's enforcement data identifies the cited regulations as 192.11(b),  192.465(a),  192.616(j),  192.723(a),  192.743(a),  192.747(a). The case was opened on 2013-03-28 and is reported as closed as of 2013-03-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220130003W_warning letter_03282013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130003W/220130003W_warning%20letter_03282013.pdf\n\n220130003W_warning letter_03282013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220130003W/220130003W_warning%20letter_03282013_text.pdf\n\n220130003W_warning letter_03282013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 28, 2013\nMr. Paul Grady\nVice President & Chief Operating Officer\nAmeriGas Propane, LP\n460 North Gulf Road\nValley Forge, PA 19482\nCPF 2-2013-0003W\nDear Mr. Grady:\nFrom February 11-13 & 15, 2013, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to\nChapter 601 of 49 United States Code, inspected the AmeriGas Propane, LP (AmeriGas)\nliquefied petroleum gas (LPG) pipeline system records and facilities in Fort Myers, 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 an AmeriGas gas meter assembly at\nthe Herons Glen clubhouse, which included a regulator with a point of discharge less than\n5 feet from a gas pool heater - a source of ignition.\n2. §192.465(a) 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\n\n\n\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 any records to demonstrate that it had tested the three cathodic\nprotection test stations located at its Herons Glen pressure regulating and limiting station\nin calendar years 2011 and 2012 to determine whether the cathodic protection met the\nrequirements of §192.463.\n3. §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.\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 following\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 commercial meters serving a club and a restaurant in business districts but\ndid not provide any records to demonstrate that it had conducted leakage surveys at these\nlocations in calendar years 2011 and 2012.\n2\n\n\n\n5. § §192.743 Pressure limiting and regulating stations: Testing of relief devices.\n(a) Pressure relief devices at pressure limiting stations and pressure regulating\nstations must have sufficient capacity to protect the facilities to which they are\nconnected. Except as provided in §192.739(b), the capacity must be consistent with\nthe pressure limits of §192.201(a). This capacity must be determined at intervals not\nexceeding 15 months, but at least once each calendar year, by testing the devices in\nplace or by review and calculations.\nAmeriGas did not provide any records to demonstrate that the capacities of several\npressure regulators and relief valves were confirmed, either by testing the devices in place\nor by review and calculations, in calendar years 2011 and 2012.\n6. §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 40 poly plug valves as key or emergency valves but did not provide\nany records to demonstrate that it had checked and serviced each of these valves in\ncalendar 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,\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- 0003W. 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\n3\n\n\n\nCC: Dan Gardner, District Manager\n2600 Katherine Street\nFort Myers, Florida 33901\nEd. Boden, Safety & Technology Engineer\n460 North Gulf Road\nValley Forge, PA 19482\n4","truncated":false,"body_characters":8353}