{"operation":"document","citation":"CPF 320176006W","title":"USG WHEATLAND PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-07-27","effective_on":null,"summary":"CLOSED warning letter citing 195.264(a), 195.264(b)(1)(i), 195.402(c)(12), 195.420(a), 195.420(b), 195.440(a), 195.440(g).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320176006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320176006W","body":"Warning Letter involving USG WHEATLAND PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.264(a),  195.264(b)(1)(i),  195.402(c)(12),  195.420(a),  195.420(b),  195.440(a),  195.440(g). The case was opened on 2017-07-27 and is reported as closed as of 2017-07-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320176006W_Warning Letter_07272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176006W/320176006W_Warning%20Letter_07272017.pdf\n\n320176006W_Warning Letter_07272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320176006W/320176006W_Warning%20Letter_07272017_text.pdf\n\n320176006W_Warning Letter_07272017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 27, 2017\nMr. Larry Wall, COO Gas Infrastructure\nUSG Wheatland Pipeline, LLC\n601 Travis Street\nHouston, TX 77002\nCPF 3-2017-6006W\nDear Mr. Wall:\nOn May 10-12, 2016, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your USG\nWheatland Pipeline, LLC records and assets in Williston, North Dakota.\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 the\nprobable violation(s) are:\n1. §195.264 Impoundment, protection against entry, normal/emergency venting or\npressure/vacuum relief for aboveground breakout tanks.\n(a) A means must be provided for containing hazardous liquids in the event of\nspillage or failure of an aboveground breakout tank.\n(b) After October 2, 2000, compliance with paragraph (a) of this section requires\nthe following for the aboveground breakout tanks specified:\n\n\n\n(1) For tanks built to API Spec 12F, API Std 620, and others (such as API\nStd 650 (or its predecessor Standard 12C)), the installation of impoundment\nmust be in accordance with the following sections of NFPA-30 (incorporated\nby reference, see § 195.3);\n(i) Impoundment around a breakout tank must be installed in\naccordance with section 22.11.2;\n22.11.2 Impounding Around Tanks by Open Diking. Where\ncontrol of spills is provided by means of impounding by open\ndiking around the tanks, such systems shall meet the\nrequirements of 22.11.2.1 through 22.11.2.8.\n22.11.2.1 A slope of not less than 1 percent away from the\ntank shall be provided for at least 50 ft (15 m) or to the dike\nbase, whichever is less.\nThe slope away from Wheatland’s breakout tanks did not meet the 1 % slope requirement\nwithin the innermost containment system based on inclinometer measurements taken by\nthe inspector and later confirmed by an operator survey. This slope issue were mitigated\nas of December 7, 2016.\n2. §195.420 Valve maintenance.\n(a) Each operator shall maintain each valve that is necessary for the safe operation\nof its pipeline systems in good working order at all times.\n(b) Each operator shall, at intervals not exceeding 7 1/2 months, but at least twice\neach calendar year, inspect each mainline valve to determine that it is\nfunctioning properly.\nWheatland did not inspect two critical safety valves as required in 2015. Wheatland did\nnot inspect the critical safety valves at POB and POE after they began operation in late\n2015.\n3. §195.440 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.\n§195.402 Procedural manual for operations, maintenance, and emergencies.\n2\n\n\n\nAlthough Wheatland verbally stated that all residents within the buffer zone spoke\nEnglish, no record was provided to that effect and no scientific survey or other means had\nbeen completed to confirm this.\n4. §195.440 Public awareness\n(a) 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.\n§195.402 Procedural manual for operations, maintenance, and emergencies\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(12) Establishing and maintaining liaison with fire, police, and other appropriate\npublic officials to learn the responsibility and resources of each government\norganization that may respond to a hazardous liquid or pipeline emergency and\nacquaint the officials with the operator's ability in responding to a hazardous liquid\nor carbon dioxide pipeline emergency and means of communication.\nWheatland did not establish and maintain liaison with fire, police and other appropriate\npublic officials to learn the responsibility and resources of each government organization\nthat may respond to a hazardous liquid pipeline emergency. Per an operator email, no\nhistorical records were available to demonstrate that liaison activities had been\nconducted.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012,\nthe maximum penalty may not exceed $100,000 per violation per day, with a maximum penalty\nnot to exceed $1,000,000 for a related series of violations. We have reviewed the circumstances\nand supporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in USG Wheatland Pipeline, LLC\nbeing subject to additional enforcement action.\n3\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2017-6006W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n4","truncated":false,"body_characters":7005}