# TRI-STATES NGL PIPELINE LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 220135002
- **title:** TRI-STATES NGL PIPELINE LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2013-01-31
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.412(b).
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- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-220135002
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220135002
**body:**

Notice of Probable Violation involving TRI-STATES NGL PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.412(b). The case was opened on 2013-01-31 and is reported as closed as of 2013-06-21. Proposed civil penalty: $10,300. Assessed civil penalty: $10,300. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220135002_Final Order_06212013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220135002/220135002_Final%20Order_06212013.pdf

220135002_Final Order_06212013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220135002/220135002_Final%20Order_06212013_text.pdf

220135002_nopv_pcp__01312013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220135002/220135002_nopv_pcp__01312013.pdf

220135002_nopv_pcp__01312013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220135002/220135002_nopv_pcp__01312013_text.pdf

220135002_Final Order_06212013_text.pdf

JUNE 21, 2013
Mr. Steve Pankhurst, President
BP Pipelines (North America), Inc.
150 West Warrenville Road
Naperville, IL 60563
Re: CPF No. 2-2013-5002
Dear Mr. Pankhurst:
Enclosed please find the Final Order issued in the above-referenced case. It makes a finding of
violation and assesses a civil penalty of $10,300. This is to acknowledge receipt of payment of
the full penalty amount, by wire transfer, dated March 1, 2013. This enforcement action is now
closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing,
or as otherwise provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Wayne T. Lemoi, Southern Region Director, OPS
Mr. Alan Mayberry, Deputy Associate Administrator for Field Operations, OPS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
)
In the Matter of )
)
Tri-States NGL Pipeline, LLC, ) CPF No. 2-2013-5002
)
Respondent. )
____________________________________)
FINAL ORDER
On June 18-22, 2012, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the procedures and records of Tri-States NGL
Pipeline, LLC (Tri-States or Respondent) in Moss Point, Mississippi, and pipeline facilities in
Alabama, Mississippi, and Louisiana. Tri-States pipeline, extending approximately 169 miles
from Mobile, Alabama to Kenner, Louisiana, is operated by BP Pipelines (North America), Inc.1
As a result of the inspection, the Director, Southern Region, OPS (Director), issued to
Respondent, by letter dated January 31, 2013, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Tri-
States had violated 49 C.F.R. § 195.412(b) and proposed assessing a civil penalty of $10,300 for
the alleged violation.
Tri-States responded to the Notice by letter dated February 22, 2013 (Response). The company
did not contest the allegation of violation and paid the proposed civil penalty of $10,300, as
provided in 49 C.F.R. § 190.227. Payment of the penalty serves to close the case with prejudice
to Respondent.
FINDING OF VIOLATION
In its Response, Tri-States did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195 as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.412(b), which states:
1 http://www.bppipelines.com/asset_tristate.html (last accessed June 20, 2013).



2
§ 195.412 Inspection of rights-of-way and crossings under navigable waters.
(a) …
(b) Except for offshore pipelines, each operator shall, at intervals not
exceeding 5 years, inspect each crossing under a navigable waterway
to determine the condition of the crossing.
The Notice alleged that Respondent violated 49 C.F.R. § 195.412(b) by failing to inspect each
crossing under a navigable waterway to determine the condition of the crossing at intervals not
exceeding 5 years. Specifically, the Notice alleged that the inspection of three crossings under
navigable waterways exceeded the 5 year interval required by regulation. Respondent did not
contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I
find that Respondent violated 49 C.F.R. § 195.412(b) by failing to inspect each crossing under a
navigable waterway to determine the condition of the crossing at intervals not exceeding 5 years.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
The terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety
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