{"operation":"document","citation":"CPF 220180003W","title":"FLORIDA PUBLIC UTILITIES CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-12-18","effective_on":null,"summary":"CLOSED warning letter citing 192.11(b), 192.707(a)(1), 192.721(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220180003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220180003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220180003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220180003W","body":"Warning Letter involving FLORIDA PUBLIC UTILITIES CO. PHMSA's enforcement data identifies the cited regulations as 192.11(b),  192.707(a)(1),  192.721(b)(1). The case was opened on 2018-12-18 and is reported as closed as of 2018-12-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220180003W_Warning Letter_12182018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220180003W/220180003W_Warning%20Letter_12182018.pdf\n\n220180003W_Warning Letter_12182018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220180003W/220180003W_Warning%20Letter_12182018_text.pdf\n\n220180003W_Warning Letter_12182018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 18, 2018\nMr. Jeffry M. Householder\nPresident\nFlorida Public Utilities Company\nP.O. Box 960\nWinter Haven, FL 33882\nCPF 2-2018-0003W\nDear Mr. Householder:\nFrom March 19 to 23, 2018, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, inspected the Florida\nPublic Utilities (FPU) liquefied petroleum gas (LP-Gas) written procedures and records at its\nWest Palm Beach, Florida, office and LP-Gas pipeline systems in Brevard, Broward, and\nPalm Beach counties, Florida, pursuant to Chapter 601 of 49 United States Code.\nAs a result of the inspection, it is alleged that FPU has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. § 192.11 Petroleum gas systems.\n(a) . . . .\n(b) Each pipeline system subject to this part that transports only petroleum gas\nor petroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.\n1\n\n\n\nFPU failed to meet the requirements of NFPA-58 (2004)1 for each pipeline system, as\nfollows:\nA. NFPA 58 § 6.7.4.5\nThe point of discharge from the required pressure relief device on regulating\nequipment installed outside of buildings in fixed piping systems shall be located\nnot less than 3 ft (1 m) horizontally away from any building opening below the\nlevel of such discharge, and not beneath any building unless this space is well\nventilated to the outside and is not enclosed for more than 50 percent of its\nperimeter.\nFPU failed to locate the regulator point of discharge not less than 3 feet horizontally\naway from any building opening below the level of such discharge. PHMSA\ninspectors observed and photographed a regulator point of discharge less than 3 feet\nhorizontally away from building openings below the point of discharge at 930\nPeriwinkle Circle in Barefoot Bay.\nB. NFPA 58 § 6.7.4.6\nThe point of discharge [of a regulator] shall also be located not less than 5 ft\n(1.5 m) in any direction away from any source of ignition, openings into direct-\nvent (sealed combustion system) appliances, or mechanical ventilation air\nintakes.\nFPU failed to locate the regulator point of discharge not less than 5 feet, in any\ndirection, away from any source of ignition. PHMSA inspectors observed and\nphotographed regulators with a point of discharge less than 5 feet away from a\nsource of ignition at 1465 Barefoot Circle on the Barefoot Bay system, 301 Casa\nDel Sol Circle on the Casa Del Sol system, and 1100 NW 44th Terrace on the\nLauderhill system.\n§ 192.707 Line markers for mains and transmission lines.\n(a) Buried pipelines. Except as provided in paragraph (b) of this section, a line\nmarker must be placed and maintained as close as practical over each buried main\nand transmission line:\n(1) At each crossing of a public road and railroad; ....\nFPU failed to meet the regulation because it did not place and maintain line markers as\nclose as practical over each buried main at each crossing of a public road. During the\nfield inspection, PHMSA inspectors identified locations where line markers were not\nplaced and maintained over each buried main at crossings of NW 16th Court and NW\n51st Avenue, on the Lauderhill system, and N Dolphin Circle, Papaya Circle, S Marlin\nCircle, Tarpon Drive, W Egret Circle, and Waterway Drive, on the Barefoot Bay system.\n3. § 192.721 Distribution systems: Patrolling.\n(a) ....\n(b) Mains in places or on structures where anticipated physical movement or\n1 The 2004 edition of NFPA 58, “Liquefied Petroleum Gas Code (LP-Gas Code),” is the edition incorporated by\nreference in §192.7.\n2\n2.\n\n\n\nexternal loading could cause failure or leakage must be patrolled—\n(1) In business districts, at intervals not exceeding 41∕2 months, but at least four\ntimes each calendar year; ....\nFPU failed to meet the regulation because it did not patrol mains in business districts at\nintervals not exceeding 4½ months, but at least four times each calendar year. FPU\nrecords showed that FPU:\nA. B. Exceeded the 4½ month interval for patrolling the business district of its Barefoot\nBay system between December 2, 2015 and May 11, 2016.\nOnly patrolled the business district on its Lauderhill system three times in calendar\nyear 2016.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, Florida Public Utilities Company is subject\nto a civil penalty not to exceed $209,002 per violation per day the violation persists, up to a\nmaximum of $2,090,022 for a related series of violations. For violations occurring prior to\nNovember 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,\nwith a maximum penalty not to exceed $2,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings\nat this time. To the extent practicable, we advise you to correct the items identified in this\nletter. Failure to do so will result in Florida Public Utilities Company being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2018-0003W. 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.\n552(b), along with the complete original document you must provide a second copy of the\ndocument with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n3","truncated":false,"body_characters":6638}