{"operation":"document","citation":"CPF 320195004W","title":"TALLGRASS PONY EXPRESS PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-09","effective_on":null,"summary":"CLOSED warning letter citing 194.107(c)(1)(ix), 195.403(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195004w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195004w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195004w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320195004W","body":"Warning Letter involving TALLGRASS PONY EXPRESS PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 194.107(c)(1)(ix),  195.403(c). The case was opened on 2019-01-09 and is reported as closed as of 2019-01-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320195004W_Operator Response to Notice_02152019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195004W/320195004W_Operator%20Response%20to%20Notice_02152019.pdf\n\n320195004W_Warning Letter_01092019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195004W/320195004W_Warning%20Letter_01092019.pdf\n\n320195004W_Warning Letter_01092019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195004W/320195004W_Warning%20Letter_01092019_text.pdf\n\n320195004W_Warning Letter_01092019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 9, 2019\nDavid Dehaemers\nPresident\nTallgrass Pony Express Pipeline, LLC\n370 Van Gordon Street\nLakewood, CO 80228\nCPF 3-2019-5004W\nDear Mr. Dehaemers:\nOn August 3, 2016, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected your Tallgrass Pony Express Pipeline in Lincoln, Kansas.\nAs a result of the inspection, it is alleged that you have committed two probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violation(s) are:\n1. §194.107 General response plan requirements\n(c) Each response plan must include:\n(ix) Drill program-an operator will satisfy the requirement for a drill program by\nfollowing the National Preparedness for Response Exercise Program (PREP) guidelines.\nAn operator choosing not to follow PREP guidelines must have a drill program that is\nequivalent to PREP. The operator must describe the drill program in the response plan\nand OPS will determine if the program is equivalent to PREP.\nTallgrass failed to follow the the PREP guidelines and the drill program as described in the\nresponse plan. Tallgrass failed to conduct the qualified individual notification exercise during\n\n\n\nnon-business hours for each year as required by Section 2 of PREP and the “Tallgrass Pony\nExpress Pipeline and Northeast Colorado Lateral Emergency Response Plan” Section 7.1.2 QI\nNotification Drill.\nPREP guidelines Section 2 states,\n\"At least once a year, the qualified individual notification exercise shall be conducted during\nnon-business hours.\"\n“Tallgrass Pony Express Pipeline and Northeast Colorado Lateral Emergency Response Plan”\nSection 7.1.2 QI Notification Drill states,\n“One of these notification drills will be performed during non-business hours each year.”\nPHMSA requested all training for the Emergency/Spill Response Plan for 2014. According to\nthe information provided in response to this request, Tallgrass Pony Express conducted one\nqualified individual notification drill in 2014. The date and time of this drill was Tuesday\nDecember 9, 2014, at 13:28 hrs. This drill was not performed during non-businsess hours for\nthe year 2014.\n2. §195.403 Emergency Response Training.\n(c) Each operator shall require and verify that its supervisors maintain a\nthorough knowledge of that portion of the emergency response procedures\nestablished under 195.402 for which they are responsible to ensure compliance.\nTallgrass Pony Express failed to require and verify that its supervisors maintain a thorough\nknowledge of that portion of the emergency response procedure established under 195.402 for\nwhich they are responsible to ensure compliance. “Tallgrass Pony Express Pipeline and\nNortheast Colorado Lateral Emergency Response Plan” (ERP) section 7.1.4 “Spill Response\nTeam Tabletop Exercise Level II Procedures” states,\n\"In addition to those objectives of Level 0 and Level I drills, the Level II events should\ninclude the completion of an IAP (Form 8, Appendix B) and the development of the long-\nrange plan. The time allotted for this magnitude of drill should extend to 8 hours.\"\nPHMSA attended the Tallgrass’ Pony Express spill drill on August 3, 2016. The drill only\nlasted 1.5 hours and Tallgrass considered the drill a \"Level 2\". On August 3, 2016, PHMSA\ndiscussed with Tallgrass personnel drill level requirements. During this discussion it was\ndetermined that those participating in the drill were unaware of the time duration requirements\napplicable to various drill levels as identified in the ERP.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $213,268 per violation per day the violation persists, up to a maximum of $2,132,679\nfor a related series of violations. For violation occurring on or after November 2, 2015 and\nbefore November 27, 2018, the maximum penalty may not exceed $209,002 per violation per\nday, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to\nNovember 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,\n2\n\n\n\nwith a maximum penalty not to exceed $2,000,000 for a related series of violations We have\nreviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the item(s) identified in this letter. Failure to do so will result in\nTallgrass Pony Express Pipeline 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 3-2019-5004W. 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. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":6289}