{"operation":"document","citation":"CPF 320195011M","title":"TALLGRASS PONY EXPRESS PIPELINE, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-02-12","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.402(e)(3), 195.402(e)(6), 195.404, 195.452(f)(1), 195.452(i)(3), 195.505(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195011m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195011m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320195011m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320195011M","body":"Notice of Amendment involving TALLGRASS PONY EXPRESS PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.402(e)(3),  195.402(e)(6),  195.404,  195.452(f)(1),  195.452(i)(3),  195.505(i). The case was opened on 2019-02-12 and is reported as closed as of 2019-06-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320195011M_Notice of Amendment_02122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195011M/320195011M_Notice%20of%20Amendment_02122019.pdf\n\n320195011M_Notice of Amendment_02122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195011M/320195011M_Notice%20of%20Amendment_02122019_text.pdf\n\n320195011M_Operator Response to Notice_03192019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320195011M/320195011M_Operator%20Response%20to%20Notice_03192019.pdf\n\n320195011M_Notice of Amendment_02122019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 12, 2019\nDavid Dehaemers\nPresident\nTallgrass Pony Express Pipeline, LLC\n370 Van Gordon Street\nLakewood, CO 80228\nCPF 3-2019-5011M\nDear Mr. Dehaemers:\nFrom May 24th - October 21st, 2016, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nTallgrass Pony Express Pipeline (Tallgrass) procedures for operations, maintenance, and\nemergencies in Lakewood, CO and Wichita, KS.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nTallgrass plans or procedures, as described below:\n1. §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 procedure for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nTallgrass O&M procedures 2101_L, and O&M 500_L (all are effective November 13, 2012)\napplicable to Pony Express are inadequate.\n\n\n\nTallgrass O&M 2101_ L entitled “Atmospheric Breakout Tank Inspections” references API\nStandard 650 in section 3.6 “Pressure Testing” but does not include this standard appropriately in\nsection 6 “References”.\nTallgrass O&M 500_L, “Pump Station Emergency Shutdown,” Section 3.6 “Maintenance” is\ninadequate to pump facilities as it incorrectly references remote control blowdown systems that\nwould be utilized for natural gas. The procedure does not mention flares, sumps, or relief tanks\nwhich would be utilized for hazardous liquids.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(e) Emergencies. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when an emergency condition occurs:\n(3) Having personnel, equipment, instruments, tools, and material available as\nneeded at the scene of an emergency.\nTallgrass O&M 111_GL titled, “Fire Prevention”, is inadequate because it failed to include\nlocations of firefighting equipment at breakout tank areas in case of a fire as required by 49\nCFR195.430.\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(e) Emergencies. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when an emergency condition occurs:\n(6) Minimization of public exposure to injury and probability of accidental ignition\nby assisting with evacuation of residents and assisting with halting traffic on roads\nand railroads in the affected area, or taking other appropriate action.\nAt the time of the inspection, the emergency procedures failed to include procedures to minimize\npublic exposure to injury and probability of accidental ignition by assisting with evacuation of\nresidents and assisting with halting traffic on roads and railroads in the affected area. The\nemergency procedures reviewed that did not include this provision were site specific emergency\nprocedures, the OPA 90 Plan, and the O&M 1900_L Abnormal Operating Conditions and\nEmergency Response Plan.\n2\n\n\n\n4. §195.404 Maps and Records.\n(a) Each operator shall maintain current maps and records of its pipeline systems\nthat include at least the following information:\n(1) Location and identification of the following pipeline facilities:\n(i) Breakout tanks;\n(ii) Pump stations;\n(iii) Scraper and sphere facilities;\n(iv) Pipeline valves;\n(v) Facilities to which §195.402(c)(9) applies;\n(vi) Rights-of-way; and\n(vii) Safety devices to which §195.428 applies.\n(2) All crossings of public roads, railroads, rivers, buried utilities, and foreign\npipelines.\n(3) The maximum operating pressure of each pipeline.\n(4) The diameter, grade, type and nominal wall thickness of all pipe.\n(b) Each operator shall maintain for at least 3 years daily operating records that\nindicate-\n(1) The discharge pressure at each pump station; and\n(2) Any emergency or abnormal operation to which the procedures under §195.402\napply.\n(c) Each operator shall maintain the following records for the periods specified:\n(1) The date, location, and description of each repair made to pipe shall be\nmaintained for the useful life of the pipe.\n(2) The date, location, and description of each repair made to parts of the pipeline\nother than pipe shall be maintained for at least 1 year.\n(3) A record of each inspection and test required by this subpart shall be maintained\nfor at least 2 years or until the next inspection or test is performed, whichever is\nlonger.\nTallgrass O&M procedures 1400_L, 1401L, and 1404_L, (all are effective November 13, 2012)\napplicable to Pony Express are inadequate. Examples of inadequacies are: incorrect references\n(references to the wrong code section 49CFR§192 versus 49CFR§195) and omitted or\nincomplete record retention periods.\nTallgrass O&M 1400_L, “Record Retention by O&M Procedure” and O&M 1401L “Records\nRetention by Form Number” are inadequate as 49CFR§192 natural gas requirements are\nreferenced instead of 49CFR§195.\nTallgrass O&M 1400_L, “Record Retention by O&M Procedure” and O&M 1401L “Records\nRetention by Form Number” list valve maintenance, relief valve inspections, and patrols in\nAttachment 1 as the only 49CFR§195 records with retention requirements. Other records with\nretention requirements, such as breakout tank inspection forms and cathodic protection records,\nhave been omitted.\n3\n\n\n\nTallgrass O&M 1400_L, “Record Retention by O&M Procedure” and O&M 1401L “Records\nRetention by Form Number” also omit retention for the O&M 1900_L Abnormal Operating\nConditions and Emergency Response Plan (ERP) records and forms. The following forms\nassociated with the Emergency Response Plan/FRP - Tallgrass Pony Express Pipeline and\nNortheast Colorado Lateral Emergency Response Plan are not identified in O&M 1400_L and\nO&M 1401L:\nForm 1 – Emergency Response Plan Annual Review Acknowledgement Form\nForm 2 – Initial Control Center Notification Checklist\nForm 3 – Initial ERL Call Checklist\nForm 4 – DOT Form 7000-1 (01-2010)\nForm 5 – Spill Response Checklist\nForm 6 – Emergency Response Site Health and Safety Plan\nForm 7 – TPXP Critical Self Analysis of Oil Spill Response\nForm 8 – Incident Action Plan (IAP)\nForm 9 – TPXP Drill Documentation Summary\nForm 10 – Equipment Deployment Form\nForm 11 – Training Attendance Sign-in Sheet\nForm 12– Drill Evaluation Documentation Form\nTallgrass O&M 1400_L, “Record Retention by O&M Procedure Attachment 1” and O&M\n1401_L, “Records Retention by Form Number” are inadequate as Table 2 – Retention Schedule\nChart states “Non-DOT Serviceability Inspections, Testing & Maintenance Records” while\nreferencing DOT relevant records.a\nTallgrass O&M 1400_L and 1401L are inadequate as Section 3.2 has not been completed to\nreflect applicable record retention periods for the 100 – Safety series procedures. Section 3.2 is\nsimilar in both procedures and states “The Environmental, Health and Safety Department (EHS)\nwill research and add them to Table 1 – Retention Schedule of Company Forms and I&M\nProcedures later:\n 100 – Safety\n 1200- Environment”\nSection 3.2 of O&M 1400_L and 1401L had not been completed at the time of the inspection to\ninclude retention schedules in Table 1 for 100- Safety and 1200 – Environment.\nTallgrass O&M Procedure 1404_L, Maps and Records is inadequate because it does not identify\nrecord retention requirements for tank inspections as required by O&M 2101_L, “Atmospheric\nBreakout Tank Inspections, Section 5.” b\naTable 1 indicates that the retention period is B02, B is notated at the bottom of Table 1 to mean the following:\n“B=Appropriate maintenance cycle per procedure, refer to Table 2 – Retention Schedule Chart on the last page”\nb Tallgrass O&M 2101_ L entitled “Atmospheric Breakout Tank Inspections” identifies the following record types for\nretention:\nMonthly Breakout Tanks Inspection Report,\nAnnual In‐Service Tank Inspection Report,\n5 Yearly External Tank Inspection Report,\n4\n\n\n\n5. §195.452 Pipeline integrity management in high consequence areas\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions drawn\nfrom results of the integrity assessments, and other maintenance and surveillance\ndata, and evaluation of consequences of a failure on the high consequence area. An\noperator must include, at minimum, each of the following elements in its written\nintegrity management program:\n(1) A process for identifying which pipeline segments could affect a high\nconsequence area;\nThe Tallgrass written integrity management program (IMP) is inadequate. The IMP Section 4\nentitled, “High Consequence Area” makes an incorrect statement regarding breakout tank assets.\nIMP Section: 4 “High Consequence Areas” states:\n“Tallgrass does not currently operate breakout tanks.\"\nOn October 17, 2016, PHMSA inspectors identified a breakout tank operated by Tallgrass at the\nTallgrass Pony Express Ponca City, OK facility. The Tallgrass IMP was not amended to\ncorrectly identify the break out tank in Ponca City located in a could affect HCA.\n6. §195.452 Pipeline integrity management in high consequence areas.\n(i) What preventive and mitigative measures must an operator take to protect the\nhigh consequence area?\n(3) Leak detection. An operator must have a means to detect leaks on its pipeline\nsystem. An operator must evaluate the capability of its leak detection means and\nmodify, as necessary, to protect the high consequence area. An operator's evaluation\nmust, at least, consider, the following factors-length and size of the pipeline, type of\nproduct carried, the pipeline's proximity to the high consequence area, the swiftness\nof leak detection, location of nearest response personnel, leak history, and risk\nassessment results.\nThe Tallgrass IMP is inadequate because it does not correctly evaluate the capability of its leak\ndetection. Tallgrass IMP, Section 9, titled, “Preventive and Mitigative Measures,” part 3.3.1\n(revised July 24, 2015) and the OM200-63L titled, “Pipeline System Leak Detection Analysis\nSheet”, do not reflect the current time estimated to detect, isolate, and shut down a pipeline as\ndescribed in the “Tallgrass Pony Express Pipeline and Northeast Colorado Lateral Emergency\nResponse Plan.”\nInternal Out of Service Breakout Tank Inspection Report\n5\n\n\n\n7. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(a) . . . .\n(i) After December 16, 2004, notify the Administrator or a state agency participating\nunder 49 U.S.C. Chapter 601 if the operator significantly modifies the program\nafter the administrator or state agency has verified that it complies with this section.\nNotifications to PHMSA may be submitted by electronic mail to\nInformationResourcesManager@dot.gov, or by mail to ATTN: Information\nResources Manager DOT/PHMSA/OPS, East Building, 2nd Floor, E22-321, New\nJersey Avenue SE., Washington, DC 20590.\nTallgrass Operator Qualification (OQ) Plan was inadequate because the plan did not include any\nprovisions to notify the PHMSA Administrator or a state agency participating under 49 U.S.C.\nChapter 601 when a significant modification to the OQ plan has occurred. The plan does not\ndefine a significant change.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nqualifies for confidential treatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n45 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Tallgrass Pony Express Pipeline maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Allan Beshore, Director,\n6\n\n\n\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2019-5011M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n7","truncated":false,"body_characters":15067}