# TALLGRASS PONY EXPRESS PIPELINE, LLC — Warning Letter

- **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:** Not available
- **summary:** CLOSED warning letter citing 194.107(c)(1)(ix), 195.403(c).
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- **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.

Official case documents:

320195004W_Operator Response to Notice_02152019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195004W/320195004W_Operator%20Response%20to%20Notice_02152019.pdf

320195004W_Warning Letter_01092019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195004W/320195004W_Warning%20Letter_01092019.pdf

320195004W_Warning Letter_01092019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195004W/320195004W_Warning%20Letter_01092019_text.pdf

320195004W_Warning Letter_01092019_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
January 9, 2019
David Dehaemers
President
Tallgrass Pony Express Pipeline, LLC
370 Van Gordon Street
Lakewood, CO 80228
CPF 3-2019-5004W
Dear Mr. Dehaemers:
On August 3, 2016, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)
inspected your Tallgrass Pony Express Pipeline in Lincoln, Kansas.
As a result of the inspection, it is alleged that you have committed two probable violations of
the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items
inspected and the probable violation(s) are:
1. §194.107 General response plan requirements
(c) Each response plan must include:
(ix) Drill program-an operator will satisfy the requirement for a drill program by
following the National Preparedness for Response Exercise Program (PREP) guidelines.
An operator choosing not to follow PREP guidelines must have a drill program that is
equivalent to PREP. The operator must describe the drill program in the response plan
and OPS will determine if the program is equivalent to PREP.
Tallgrass failed to follow the the PREP guidelines and the drill program as described in the
response plan. Tallgrass failed to conduct the qualified individual notification exercise during



non-business hours for each year as required by Section 2 of PREP and the “Tallgrass Pony
Express Pipeline and Northeast Colorado Lateral Emergency Response Plan” Section 7.1.2 QI
Notification Drill.
PREP guidelines Section 2 states,
"At least once a year, the qualified individual notification exercise shall be conducted during
non-business hours."
“Tallgrass Pony Express Pipeline and Northeast Colorado Lateral Emergency Response Plan”
Section 7.1.2 QI Notification Drill states,
“One of these notification drills will be performed during non-business hours each year.”
PHMSA requested all training for the Emergency/Spill Response Plan for 2014. According to
the information provided in response to this request, Tallgrass Pony Express conducted one
qualified individual notification drill in 2014. The date and time of this drill was Tuesday
December 9, 2014, at 13:28 hrs. This drill was not performed during non-businsess hours for
the year 2014.
2. §195.403 Emergency Response Training.
(c) Each operator shall require and verify that its supervisors maintain a
thorough knowledge of that portion of the emergency response procedures
established under 195.402 for which they are responsible to ensure compliance.
Tallgrass Pony Express failed to require and verify that its supervisors maintain a thorough
knowledge of that portion of the emergency response procedure established under 195.402 for
which they are responsible to ensure compliance. “Tallgrass Pony Express Pipeline and
Northeast Colorado Lateral Emergency Response Plan” (ERP) section 7.1.4 “Spill Response
Team Tabletop Exercise Level II Procedures” states,
"In addition to those objectives of Level 0 and Level I drills, the Level II events should
include the completion of an IAP (Form 8, Appendix B) and the development of the long-
range plan. The time allotted for this magnitude of drill should extend to 8 hours."
PHMSA attended the Tallgrass’ Pony Express spill drill on August 3, 2016. The drill only
lasted 1.5 hours and Tallgrass considered the drill a "Level 2". On August 3, 2016, PHMSA
discussed with Tallgrass personnel drill level requirements. During this discussion it was
determined that those participating in the drill were unaware of the time duration requirements
applicable to various drill levels as identified in the ERP.
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to
exceed $213,268 per violation per day the violation persists, up to a maximum of $2,132,679
for a related series of violations. For violation occurring on or after November 2, 2015 and
before November 27, 2018, the maximum penalty may not exceed $209,002 per violation per
day, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to
November 2, 2015, the maximum penalty may not exceed $200,000 per violation per day,
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with a maximum penalty not to exceed $2,000,000 for a related series of violations We have
reviewed the circumstances and supporting documents involved in this case, and have decided
not to conduct additional enforcement action or penalty assessment proceedings at this time.
We advise you to correct the item(s) identified in this letter. Failure to do so will result in
Tallgrass Pony Express Pipeline being subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 3-2019-5004W. 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).
Sincerely,
Allan C. Beshore
Director, Central Region, OPS
Pipeline and Hazardous Materials Safety Administration
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