{"operation":"document","citation":"CPF 320176001W","title":"MARKWEST MICHIGAN PIPELINE COMPANY, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-04-14","effective_on":null,"summary":"CLOSED warning letter citing 195.446(c)(3), 195.446(j)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320176001W","body":"Warning Letter involving MARKWEST MICHIGAN PIPELINE COMPANY, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.446(c)(3),  195.446(j)(2). The case was opened on 2017-04-14 and is reported as closed as of 2017-04-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320176001W_Warning Letter_04142017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176001W/320176001W_Warning%20Letter_04142017.pdf\n\n320176001W_Warning Letter_04142017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176001W/320176001W_Warning%20Letter_04142017_text.pdf\n\n320176001W_Warning Letter_04142017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 14, 2017\nMarkWest Energy Partners, L.P.\nAttn: Ms. Leanne M. Meyer, P.E.\nVP Environmental, Safety, Pipeline Integrity and Operations Support Services\n1515 Arapahoe Street,\nTower 1, Suite 1600\nDenver, CO 80202\nCPF 3-2017-6001W\nDear Ms. Meyer:\nOn September 20-22, 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nMarkWest Michigan Pipeline (MarkWest) Control Room in Canonsburg, PA.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation(s) are:\n1. §195.446 Control room management.\n(c) Provide adequate information. Each operator must provide its controllers\nwith the information, tools, processes and procedures necessary for the\ncontrollers to carry out the roles and responsibilities the operator has defined by\nperforming each of the following:\n(3) Test and verify an internal communication plan to provide adequate means\nfor manual operation of the pipeline safely, at least once each calendar year, but\nat intervals not to exceed 15 months;\n\n\n\nMarkWest failed to test and verify the internal communication plan for manual\noperation of the pipeline safely at least once each calendar year but at intervals not\nexceeding 15 months. Specifically, MarkWest did not test and verify the plan in 2014\nand 2015. MarkWest did test and verify the internal communication plan on 1/3/2016.\n2. §195.446 Control room management.\n(j) Compliance and deviations. An operator must maintain for review during\ninspection:\n(1) …\n(2) Documentation to demonstrate that any deviation from the procedures\nrequired by this section was necessary for the safe operation of the pipeline\nfacility.\nMarkWest did not document the deviation from its CRM procedures. During the\nreview of records, it was discovered that no deviation record existed for an employee\nthat worked 16.5 hours. MarkWest did not include training time as time worked.\nSpecifically, on 9-8-16 and 9-9-16 the employee worked 16.5 hours without a\ndeviation report.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a\nrelated series of violations. For violation occurring between January 4, 2012 to August 1,\n2016, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. For violations occurring\nprior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per\nday, with a maximum penalty not to exceed $1,000,000 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. We advise you to correct the items identified in this letter. Failure to do so will\nresult in MarkWest being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2017-6001W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\n2\n\n\n\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":4665}