{"operation":"document","citation":"CPF 320205023W","title":"TALLGRASS PONY EXPRESS PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-10-14","effective_on":null,"summary":"CLOSED warning letter citing 195.307, 195.307(c), 195.402(a), 195.403(b)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205023w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205023w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205023w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320205023W","body":"Warning Letter involving TALLGRASS PONY EXPRESS PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 195.307,  195.307(c),  195.402(a),  195.403(b)(1). The case was opened on 2020-10-14 and is reported as closed as of 2020-10-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320205023W_Warning Letter_10142020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205023W/320205023W_Warning%20Letter_10142020.pdf\n\n320205023W_Warning Letter_10142020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205023W/320205023W_Warning%20Letter_10142020_text.pdf\n\n320205023W_Warning Letter_10142020_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Bill.Moler@tallgrassenergylp.com and\nJennifer.Eckels@tallgrassenergylp.com\nOctober 14, 2020\nWilliam R. Moler\nChief Executive Officer\nTallgrass Pony Express Pipeline, LLC\n370 Van Gordon Street\nLakewood, CO 80228\nBill.Moler@tallgrassenergylp.com\nCPF 3-2020-5023W\nDear Mr. Moler:\nOn May 13-17, August 5-9, and August 26-30, 2019, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.) inspected your procedures, records, and crude oil pipeline system in\nLakewood, CO and the pipeline Right-Of-Way (ROW) from Lincoln County, KS to Cushing,\nOK.\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 (CFR). The items inspected\nand the probable violations are:\n\n\n\n1. §195.307 Pressure testing aboveground breakout tanks.\n(a) …\n(c) For aboveground breakout tanks built to API Std 650 (incorporated by\nreference, see §195.3) and first placed in service after October 2, 2000, testing must\nbe in accordance with sections 7.3.5 and 7.3.6 of API Standard 650 (incorporated by\nreference, see §195.3).\nTallgrass failed to pressure test its aboveground tank in accordance to API Std 650 (incorporated\nby reference).\nThe Ponca City tank 40055 was built to API Std 650 Annex A, F, and E 12th Edition and\nhydrotested on July 28, 2014. Although the hydrotest record does document the water levels and\nwho performed the test, it fails to identify other requirements as required in API Std 650 11th\nEdition.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\n§195.403 Emergency Response Training.\n(a) …\n(b) At the intervals not exceeding 15 months, but at least once each calendar year,\neach operator shall:\n(1) Review with personnel their performance in meeting the objectives of the\nemergency response training program set forth in paragraph (a) of this section;\nTallgrass failed to follow Emergency Response Plan (ERP) procedures and document the review\nwith personnel of their performance in meeting the objectives of the ERP for 2017 and 2018.\nThe operator provided the Annual Equipment Deployment Drill Agenda for 2017 and 2018 that\nindicate a review of the ERP as supporting documentation of its annual review. Although the\nagendas show a timeslot for this review along with the drill, these reviews should have been\ndocumented in the Emergency Response Plan Annual review form per Section 6.3 PXP Training\nProgram of the ERP.\n2\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a\nrelated series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022. For violations occurring\nprior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per\nday, with a maximum penalty not to exceed $2,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item(s) identified in this letter. Failure to do so will result in\nTallgrass being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2020-5023W. 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,\nGregory A. Ochs\nActing Director, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nCc: Jennifer Eckels, Compliance Manager, Tallgrass Energy, 370 Van Gordon Street,\nLakewood, CO 80228\nJennifer.Eckels@tallgrassenergylp.com\n3","truncated":false,"body_characters":5958}