{"operation":"document","citation":"CPF 320131012M","title":"ALLIANCE PIPELINE L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-07-02","effective_on":null,"summary":"CLOSED notice of amendment citing 192.615(c), 192.616(a), 192.616(c), 192.616(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320131012m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320131012m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320131012m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320131012M","body":"Notice of Amendment involving ALLIANCE PIPELINE L.P.. PHMSA's enforcement data identifies the cited regulations as 192.615(c),  192.616(a),  192.616(c),  192.616(g). The case was opened on 2013-07-02 and is reported as closed as of 2015-12-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320131012M_Closure Letter_12102015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320131012M/320131012M_Closure%20Letter_12102015.pdf\n\n320131012M_Closure Letter_12102015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320131012M/320131012M_Closure%20Letter_12102015_text.pdf\n\n320131012M_Notice of Amendment_07022013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320131012M/320131012M_Notice%20of%20Amendment_07022013.pdf\n\n320131012M_Notice of Amendment_07022013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320131012M/320131012M_Notice%20of%20Amendment_07022013_text.pdf\n\n320131012M_Operator Response_07302013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320131012M/320131012M_Operator%20Response_07302013.pdf\n\n320131012M_Notice of Amendment_07022013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 2, 2013\nMr. Mike McGonagill\nAlliance Pipeline L.P.\n6385 Old Shady Oak Road\nSuite 150\nEden Prairie, MN 55344\nCPF 3-2013-1012M\nDear Mr. McGonagill:\nOn October 20-22, 2011, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Alliance\nPipeline L.P. procedures for Public Awareness Program Effectiveness in Eden Prairie,\nMinnesota.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nAlliance Pipeline L.P.’s (Alliance) plans or procedures, as described below:\n1. § 192.615 Emergency plans\n(c) Each operator shall establish and maintain liaison with appropriate fire, police,\nand other public officials to:\n(1) Learn the responsibility and resources of each government organization that\nmay respond to a gas pipeline emergency;\n(2) Acquaint the officials with the operator's ability in responding to a gas pipeline\nemergency;\n(3) Identify the types of gas pipeline emergencies of which the operator notifies the\nofficials; and\n(4) Plan how the operator and officials can engage in mutual assistance to minimize\nhazards to life or property.\n1\n\n\n\nAlliance’s procedures are inadequate because the liaison relationship requirement does not\ninclude a capability assessment, does not address who should get the emergency response plan,\nand does not assess the responsiveness of the emergency responders. In addition, the procedures\nare inadequate because the phrase “attention is given to emergency officials” is not defined in the\nPublic Awareness Plan (PAP).\n2. § 192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system covered\nunder paragraph (j) of this section, each pipeline operator must develop and\nimplement a written continuing public education program that follows the guidance\nprovided in the American Petroleum Institute's (API) Recommended Practice (RP)\n1162 (incorporated by reference, see §192.7).\nAlliance’s procedures are inadequate because its Public Awareness Plan does not identify the\nedition of API RP 1162 referenced in the Federal Code it uses.\n3. § 192.616 Public awareness.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not have a process\nto determine the affected stakeholder notification areas and distance on either side of its pipeline.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not identify the\nfrequency for performing an effectiveness evaluation.\nAlliance’s procedures are inadequate because its Public Awareness Plan statements in section 4.2\nthrough 4.5 use the phrase “may include” under the message content for each stakeholder\naudience. There are certain messages for each stakeholder audience that API 1162 requires.\nAdditionally, in 2010, the Public Official and Emergency Responder brochures were missing the\nEmergency Preparedness message as required by API RP 1162.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not explain how\nthe supplemental elements were identified from the elements listed in section 6.2 of API RP\n1162. In addition, the supplemental elements do not identify specific messaging required for\nstakeholder audience groups during annual reviews. Alliance does not have a process to capture\nnew data for supplemental program enhancements.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not have a process\nfor an annual implementation review that identifies changes, tracks the changes and tracks the\nprogress in making changes based on the findings.\n2\n\n\n\nAlliance’s procedures are inadequate because its Public Awareness Plan does not have a process\nthat incorporates the use of the Land Information Systems and Applications (LISA) database for\nmeasuring program outreach or how to analyze information by stakeholder.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not expound on the\ninformation being reviewed and analyzed for the effectiveness evaluation review. The process is\nnot adequate for measuring the program’s outreach by individual stakeholder audience and\nmeasuring the percentage reached by individual stakeholder audience. Further, the Alliance\nprocedures do not measure that intended stakeholder audiences understand and retain the key\ninformation of the messages presented as well as demonstrate the intended learned behaviors.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not have a process\nto determine the requirement for pretesting of messages.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not include the\nprocess that documents bottom-line result measures.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not identify\nprogram changes based on the results and findings of its program effectiveness evaluation.\n4. § 192.616 Public awareness\n(g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English speaking\npopulation in the operator's area.\nAlliance’s procedures are inadequate because its Public Awareness Plan does not have a process\nfor identifying other languages, and does not define the terminology, “significant concentration\nof non-English speaking stakeholders”.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\n3\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 30 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Alliance Pipeline L.P. maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to David Barrett, Director, Central, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 3-2013-1012M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n4\n\n320131012M_Closure Letter_12102015_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 10, 2015\nMr. Troy Meinke\nDirector Operational Compliance\nAlliance Pipeline L.P.\n6385 Old Shady Oak Road\nEden Prairie, Minnesota 55344\nRe: CPF 3-2013-1012M\nDear Mr. Meinke:\nOn October 20-22, 2011, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code inspected\nAlliance Pipeline L.P.’s procedures for Public Awareness Program Effectiveness in Eden\nPrairie, Minnesota. As a result of the inspection, Alliance Pipeline L.P. was issued a Notice\nof Amendment on July 2, 2013, which proposed amendment of your procedures.\nAlliance Pipeline L.P. submitted its proposed revisions and amended plan excerpts on\nJuly 30, 2013. My staff reviewed the amended plan excerpts, and it appears that the\ninadequacies outlined in this Notice of Amendment have been corrected.\nThis letter is to inform you no further action is necessary and provide minor corrections to\nprevious correspondence dated December 2, 2015. This case is now closed.\nThank you for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":10543}