{"operation":"document","citation":"CPF 320130001","title":"FERRELLGAS — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-06-26","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.11(b), 192.517(a), 192.605(a), 192.723(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320130001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320130001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320130001","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320130001","body":"Notice of Probable Violation involving FERRELLGAS. PHMSA's enforcement data identifies the cited regulations as 192.11(b),  192.517(a),  192.605(a),  192.723(b). The case was opened on 2013-06-26 and is reported as closed as of 2014-01-17. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320130001_Final Order_01172014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130001/320130001_Final%20Order_01172014.pdf\n\n320130001_Final Order_01172014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130001/320130001_Final%20Order_01172014_text.pdf\n\n320130001_NOPV PCO_06262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130001/320130001_NOPV%20PCO_06262013.pdf\n\n320130001_NOPV PCO_06262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130001/320130001_NOPV%20PCO_06262013_text.pdf\n\n320130001_Operator Response to Notice_08192013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320130001/320130001_Operator%20Response%20to%20Notice_08192013.pdf\n\n320130001_Final Order_01172014_text.pdf\n\nJANUARY 17, 2014\nMr. Stephen L. Wambold\nChief Executive Officer and President\nFerrellgas, LP\n7500 College Boulevard, Suite 1000\nOverland Park, Kansas 66210\nRe: CPF No. 3-2013-0001\nDear Mr. Wambold:\nEnclosed please find the Final Order issued in the above-referenced case. It makes one finding\nof violation and determines that Ferrellgas, LP, has completed the actions specified in the Notice\nto comply with the pipeline safety regulations. Therefore, this case is now closed. Service of the\nFinal Order by certified mail is deemed effective upon the date of mailing, or as otherwise\nprovided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ms. Linda Daugherty, Director, Central Region, OPS\nMr. Rufus Youngblood, Division Safety Manager, Ferrellgas, LP, One Liberty Plaza MD,\nLiberty, MO 64068\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nFerrellgas, LP, ) CPF No. 3-2013-0001\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn September 5, 2012, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of Ferrellgas, LP,\n(Ferrellgas or Respondent) in Green Bay, Wisconsin. Ferrellgas is a national supplier of propane\ngas to over one million residential, industrial, and agricultural customers and operates propane\ndistribution facilities throughout the United States.1\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated June 26, 2013, a Notice of Probable Violation and Proposed Compliance Order\n(Notice), which also included warnings pursuant to 49 C.F.R. § 190.205. In accordance with\n49 C.F.R. § 190.207, the Notice proposed finding that Ferrellgas had violated 49 C.F.R.\n§ 192.605(a) and ordering Respondent to take certain measures to correct the alleged violations.\nThe warning items required no further action but warned the operator to correct the probable\nviolation or face possible enforcement action.\nFerrellgas responded to the Notice by letter dated August 19, 2013 (Response). The company\ndid not contest the allegation of violation but provided information concerning the corrective\nactions it had taken. Respondent did not request a hearing and therefore has waived its right to\none.\nFINDING OF VIOLATION\nIn its Response, Ferrellgas did not contest the allegation in the Notice that it violated 49 C.F.R.\nPart 192, as follows:\n1 See Ferrellgas, available at http://www.ferrellgas.com/Propane-Services (last accessed December 13, 2013).\n\n\n\n2\nItem 6: The Notice alleged that Respondent violated 49 C.F.R. § 192.605(a), which states:\n§ 192.605 Procedural manual for operations, maintenance, and\nemergencies.\n(a) General. Each operator shall prepare and follow for each pipeline,\na manual of written procedures for conducting operations and maintenance\nactivities and for emergency response. For transmission lines, the manual\nmust also include procedures for handling abnormal operations. This\nmanual must be reviewed and updated by the operator at intervals not\nexceeding 15 months, but at least once each calendar year. This manual\nmust be prepared before operations of a pipeline system commence.\nAppropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.605(a) by failing to follow a\nmanual of written procedures for conducting operations and maintenance activities. Specifically,\nthe Notice alleged that Farrellgas failed to follow Section 1 – Corrosion Protection – Above\nGround Tanks and Piping of its own Operations & Maintenance (O&M) manual, which required\nRespondent to inspect and maintain above-ground piping to prevent atmospheric corrosion.\nDuring the inspection, PHMSA inspectors observed above-ground piping at Gidden Lodge,\nMeadow Woods, Horseshoe Bay, and Green Bay that was unpainted and slightly pitted, a\ncondition that did not match the description of the piping in Respondent’s inspection records.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.605(a) by failing to follow a\nmanual of written procedures for conducting operations and maintenance activities.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 6 in the Notice for a violation of\n49 C.F.R. § 192.605(a). Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Director indicates that\nRespondent has taken the following action specified in the proposed compliance order:\n1. With respect to the violation of § 192.605(a) (Item 6), Respondent has made\nrepairs to the affected piping and provided PHMSA with documentation and\nphotographs of the repairs.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\n\n\n\n3\nWARNING ITEMS\nWith respect to Items 1-5, 7 and 8, the Notice alleged probable violations of Part 192 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C.F.R. § 192.11(b) (Item 1) ─ Respondent’s alleged failure to follow the\nrequirements of ANSI/NFPA 59, which requires an operator to incorporate\nspecific standards regarding the design, operation, and maintenance of utility gas\nplants with greater than 4000 gallons aggregate water capacity;\n49 C.F.R. § 192.11(b) (Item 2) ─ Respondent’s alleged failure to follow the\nrequirements of ANSI/NFPA 58 Section 6.7.4.6, which requires the point of\ndischarge to be located not less than five feet in any direction away from a source\nof ignition, openings into direct-vent appliances, or mechanical ventilation air\nintakes;\n49 C.F.R. § 192.11(b) (Item 3) ─ Respondent’s alleged failure to follow the\nrequirements of ANSI/NFPA 58 Section 5.7.5.1, which requires the pipe or tubing\nused to vent regulators to be one of the following: metal pipe and tubing in\naccordance with Section 5.8.3, PVC meeting the requirements of UL 651,\nSchedule 40, or 80 Rigid PVC Conduit;\n49 C.F.R. § 192.11(b) (Item 4) ─ Respondent’s alleged failure to follow the\nrequirements of ANSI/NFPA 58 Section 6.7.2.5, which requires rain caps or other\nprotectors to be designed to remain in place, except during pressure relief device\noperation, and not to restrict pressure relief device flow;\n49 C.F.R. § 192.11(b) (Item 5) ─ Respondent’s alleged failure to follow the\nrequirements of ANSI/NFPA 59 Section 10.1.4, which requires relief devices,\nother than hydrostatic relief valves, to be tested for proper operation at intervals\nnot exceeding five years;\n49 C.F.R. § 192.517(a) (Item 7) ─ Respondent’s alleged failure to make and\nretain for the useful life of a pipeline a record of each test performed under\n§§ 192.505 and 192.507; and\n49 C.F.R. § 192.723(b) (Item 8) ─ Respondent’s alleged failure to conduct leak\nsurveys in business districts at least once each calendar year, but at intervals not\nexceeding 15 months.\nFerrellgas presented information in its Response showing that it had taken certain actions to\naddress the cited items. If OPS finds a violation of any of these items in a subsequent inspection,\nRespondent may be subject to future enforcement action.\n\n\n\n4\nThe terms and conditions of this Final Order [CPF No. 3-2013-0001] are effective upon service\nin accordance with 49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9416}