{"operation":"document","citation":"CPF 320155015W","title":"ERGON TERMINALING, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-11-20","effective_on":null,"summary":"CLOSED warning letter citing 195.440(b), 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155015w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155015w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320155015w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320155015W","body":"Warning Letter involving ERGON TERMINALING, INC.. PHMSA's enforcement data identifies the cited regulations as 195.440(b),  195.440(c). The case was opened on 2015-11-20 and is reported as closed as of 2015-11-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320155015W_Warning Letter_11202015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155015W/320155015W_Warning%20Letter_11202015.pdf\n\n320155015W_Warning Letter_11202015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320155015W/320155015W_Warning%20Letter_11202015_text.pdf\n\n320155015W_Warning Letter_11202015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 20, 2015\nMr. Russ Maroney\nVice President, Operations\nErgon Trucking, Inc.\n2829 Lakeland Drive\nJackson, Mississippi 39215\nCPF 3-2015-5015W\nDear Mr. Maroney:\nOn December 18, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nErgon Trucking, Inc.’s (Ergon’s) Public Awareness Program in Magnolia, Ohio.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are:\n1. § 195.440 Public Awareness\n(b) The operator's program must follow the general program\nrecommendations of API RP 1162 and assess the unique attributes and\ncharacteristics of the operator's pipeline and facilities.\nErgon’s baseline messaging to its stakeholder audiences did not include all of the\nnecessary information specified in API RP 1162, since a detailed map or specific\ninformation on the pipeline’s location was not included.\n2. § 195.440 Public Awareness\n(c) The operator must follow the general program recommendations,\nincluding baseline and supplemental requirements of API RP 1162, unless the\noperator provides justification in its program or procedural manual as to why\ncompliance with all or certain provisions of the recommended practice is not\npracticable and not necessary for safety.\n\n\n\nErgon has not developed a listing of its affected public audience pursuant to API\nRP 1162. Currently, Ergon personnel knock on doors and leave handouts along the\npipeline, but do not work from current listings. Also, Ergon has not developed a\nlist of its public official’s audience.\nErgon did not conduct a complete effectiveness evaluation as specified by API RP\n1162. Ergon performed an annual survey of its affected public audience, but did\nnot perform any surveys of the emergency and public officials or excavators\naudiences. Ergon’s procedures include a survey that was developed for emergency\nand public officials, but does not include a survey for excavators. In addition, since\na listing of the affected public audience has not been developed, program outreach\nand the percentage of the stakeholder audience could not be measured. Given the\nincomplete effectiveness evaluation results, Ergon was unable to determine needed\nchanges for its public awareness program.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the\nmaximum 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 Ergon\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 3-2015-5015W. 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\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n2","truncated":false,"body_characters":4722}