CPF 320195003M
CPF 320195003M
party submissionOfficial PDF320195003M_Operator Response to Notice_02202019.pdf#
320195003M_Closure Letter_09092019_text.pdf, page 1Official PDFCERTIFIED MAIL - RETURN RECEIPT REQUESTED September 9, 2019 David Dehaemers President Tallgrass Pony Exress Pipeline, LLC 370 Van Gordon Street Lakewood, CO 80228 CPF 3-2019-5003M Dear Mr. Dehaemers: On July 6-7, 2017, representatives from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an on- site pipeline safety inspection of Tallgrass Pony Express Pipeline (Tallgrass) procedures for construction standards and specifications in El Dorado, KS. As a result of the inspection, Tallgrass was issued a Notice of Amendment on January 11,2019, which proposed amendment of your procedures. Tallgrass submitted its amended procedures on February 20, 2019. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Allan C. Beshore Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration#
320195003M_Notice of Amendment_01112019_text.pdf, page 1Official PDFNOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED January 11, 2019 David Dehaemers President Tallgrass Pony Express Pipeline, LLC 370 Van Gordon Street Lakewood, CO 80228 CPF 3-2019-5003M Dear Mr. Dehaemers: On July 6-7, 2017, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Tallgrass Pony Express Pipeline (Tallgrass) procedures for construction standards and specifications in El Dorado, KS. On the basis of the inspection, PHMSA has identified the apparent inadequacy found within Tallgrass’s plans or procedures, as described below: 1. §195.202 Compliance with specifications or standards. Each pipeline system must be constructed in accordance with comprehensive written specifications or standards that are consistent with the requirements of this part. Tallgrass’s written engineering standard E0100 titled, “Pipelines (Onshore)”, effective date 2012-11-13, was inadequate because it did not include Part 195 Section §195.207 requirements. Section §195.207 sets forth the requirements for transporting pipe to be used in constructing new pipeline systems and for relocating, replacing, or changing existing pipeline systems. Tallgrass’s E0100 failed to include specific instructions regarding the transportation of pipe in accordance with §195.207.#
320195003M_Notice of Amendment_01112019_text.pdf, page 2Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). Following the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue an Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 45 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Tallgrass Pony Express Pipeline maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Allan C. Beshore, Director, Central Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 3-2019-5003M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Allan C. Beshore Director, Central Region, OPS Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 2#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.