{"operation":"document","citation":"CPF 32021043NOPV","title":"TALLGRASS INTERSTATE GAS TRANSMISSION, LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-12-07","effective_on":null,"summary":"CLOSED notice of probable violation citing 191.5(c), 192.463(a), 192.465(a), 192.465(b), 192.465(c), 192.481(a), 192.605(a), 192.605(b)(8), 192.706(a), 192.805(h), 192.911(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021043nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021043nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021043nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021043NOPV","body":"Notice of Probable Violation involving TALLGRASS INTERSTATE GAS TRANSMISSION, LLC. PHMSA's enforcement data identifies the cited regulations as 191.5(c),  192.463(a),  192.465(a),  192.465(b),  192.465(c),  192.481(a),  192.605(a),  192.605(b)(8),  192.706(a),  192.805(h),  192.911(a). The case was opened on 2021-12-07 and is reported as closed as of 2024-09-12. Proposed civil penalty: $359,900. Assessed civil penalty: $325,382. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021043NOPV_Closure Letter_09122024_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_Closure%20Letter_09122024_(20-179274).pdf\n\n32021043NOPV_Closure Letter_09122024_(20-179274)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_Closure%20Letter_09122024_(20-179274)_text.pdf\n\n32021043NOPV_Consent Agreement and Order_04132022_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_Consent%20Agreement%20and%20Order_04132022_(20-179274).pdf\n\n32021043NOPV_Consent Agreement and Order_04132022_(20-179274)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_Consent%20Agreement%20and%20Order_04132022_(20-179274)_text.pdf\n\n32021043NOPV_Op Resp to Notice and Req for Hearing and Prelim Stmnt of Issues (Part 1)_01062022_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_Op%20Resp%20to%20Notice%20and%20Req%20for%20Hearing%20and%20Prelim%20Stmnt%20of%20Issues%20(Part%201)_01062022_(20-179274).pdf\n\n32021043NOPV_Op Resp to Notice and Req for Hearing and Prelim Stmnt of Issues (Part 2)_01062022_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_Op%20Resp%20to%20Notice%20and%20Req%20for%20Hearing%20and%20Prelim%20Stmnt%20of%20Issues%20(Part%202)_01062022_(20-179274).pdf\n\n32021043NOPV_PCP PCO_12072021_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PCP%20PCO_12072021_(20-179274).pdf\n\n32021043NOPV_PCP PCO_12072021_(20-179274)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PCP%20PCO_12072021_(20-179274)_text.pdf\n\n32021043NOPV_PHC Hearing Canceled_06022022_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PHC%20Hearing%20Canceled_06022022_(20-179274).pdf\n\n32021043NOPV_PHC Hearing Canceled_06022022_(20-179274)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PHC%20Hearing%20Canceled_06022022_(20-179274)_text.pdf\n\n32021043NOPV_PHC Hearing Rescheduled_04072022_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PHC%20Hearing%20Rescheduled_04072022_(20-179274).pdf\n\n32021043NOPV_PHC Hearing Rescheduled_04072022_(20-179274)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PHC%20Hearing%20Rescheduled_04072022_(20-179274)_text.pdf\n\n32021043NOPV_PHC Hearing Scheduled_01192022_(20-179274).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PHC%20Hearing%20Scheduled_01192022_(20-179274).pdf\n\n32021043NOPV_PHC Hearing Scheduled_01192022_(20-179274)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021043NOPV/32021043NOPV_PHC%20Hearing%20Scheduled_01192022_(20-179274)_text.pdf\n\n32021043NOPV_PHC Hearing Canceled_06022022_(20-179274)_text.pdf\n\nDate: June 2, 2022\nFrom: Ryan McClure\nTo: File\nRe: Withdrawal of Hearing Request, Tallgrass Interstate Gas Transmission, LLC\n3-2021-043-NOPV\nOn April 15, 2022, Tallgrass Interstate Gas Transmission, LLC, by email, withdrew its request\nfor a hearing for 3-2021-043-NOPV, which it submitted on January 6, 2022. The hearing,\nscheduled for April 21, 2022, has been cancelled.\n\n32021043NOPV_PHC Hearing Scheduled_01192022_(20-179274)_text.pdf\n\nJanuary 19, 2022\nVIA ELECTRONIC MAIL TO: jennifer.eckels@tallgrassenergylp.com and\ngregory.ochs@dot.gov\nMs. Jennifer Eckels\nManager – Compliance\nTallgrass Energy, LP\n370 Van Gordon Street\nLakewood, CO 80228\nMr. Gregory Ochs\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 480\nKansas City, MO 64106-2641\nRe: Notice of Hearing, Tallgrass Interstate Gas Transmission, LLC\nCPF No. 3-2021-043-NOPV\nDear Ms. Eckels and Mr. Ochs:\nIn accordance with 49 C.F.R. § 190.211, an informal hearing will be held regarding the Notice of\nProbable Violation, Proposed Civil Penalty, and Proposed Compliance Order issued by the Pipeline\nand Hazardous Materials Safety Administration in the above-referenced case. The hearing will take\nplace on April 7, 2022, beginning at 8:30 a.m. Central Time.\nThe hearing will be held via videoconference. I will provide the videoconference information prior\nto the hearing. At least 10 calendar days prior to the hearing (or by March 28, 2022), both parties\nmust submit and exchange any additional written materials they intend to present at the hearing and\nthe name and email address of each attendee. This information should be provided electronically.\nMaterials not submitted by this date may be excluded.\nIf you have any questions, please do not hesitate to contact me.\nSincerely,\nLarry White\nPresiding Official\ncc: Mr. William Moler, President and Chief Executive Officer, Tallgrass Interstate Gas\nTransmission, LLC, bill.moler@tallgrassenergylp.com\n\n\n\nCPF No. 3-2021-043-NOPV\nPage 2\nMr. Joseph Hainline, Counsel, Central Region, Office of Pipeline Safety,\njoseph.hainline@dot.gov\n\n32021043NOPV_PHC Hearing Rescheduled_04072022_(20-179274)_text.pdf\n\nDate: April 7, 2022\nFrom: Larry White\nTo: File\nRe: Continuance of Hearing, Tallgrass Interstate Gas Transmission, LLC\nCPF No. 3-2021-043-NOPV\nBy electronic mail dated March 25, 2022, Catherine Little, Counsel for Tallgrass Interstate Gas\nTransmission, LLC and Joseph Hainline, Counsel for OPS Central Region, submitted a joint request\nfor a continuance of the hearing previously scheduled for April 7, 2022. The request explained that\nthe parties were moving forward with negotiation of a consent agreement to resolve the case which\nwould make a hearing unnecessary and the additional time was needed to conclude the negotiations.\nI granted the request for a continuance until April 21, 2022 which will be the new hearing date if\nresolution by consent agreement is not completed by that time.\n\n32021043NOPV_Closure Letter_09122024_(20-179274)_text.pdf\n\nVIA ELECTRONIC MAIL TO: matt@tallgrass.com; crystal.heter@tallgrassenergylp.com;\ndanielle.stephens@tallgrass.com; Kale.Stanton@tallgrass.com\nSeptember 12, 2024\nMatt Sheehy, President/CEO\nTallgrass Interstate Gas Transmission, LLC\n370 Van Gordon Street\nLakewood, CO 80228\nRE: CPF 3-2021-043-NOPV\nDear Mr. Sheehy:\nOn April 13, 2024, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Tallgrass Interstate Gas Transmission, LLC (Tallgrass) a Consent Order incorporating the terms\nof the Consent Agreement entered into between PHMSA and Tallgrass in the above-referenced\ncase. Based on our review of the documentation provided by Tallgrass, and confirmation of\npayment of the civil penalty, it has been determined that Tallgrass has complied with the terms of\nthe Consent Agreement and Order.\nAccordingly, this case is now closed, and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc: Crystal Heter, Chief Operating Officer, crystal.heter@tallgrassenergylp.com\nDanielle Stephens, Director Compliance, danielle.stephens@tallgrass.com\nKale Stanton, Director, Asset Integrity, Tallgrass Energy, Kale.Stanton@tallgrass.com\n\n32021043NOPV_Op Resp to Notice and Req for Hearing and Prelim Stmnt of Issues (Part 1)_01062022_(20-179274).pdf\n\nVia Email to Gregory.Ochs@DOT.gov\nJanuary 6, 2022\nMr. Gregory Ochs\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n901 Locust Street, Suite 462\nKansas City, MO 64106\nRE: CPF No. 3-2021-043-NOPV\nRequest for Informal Conference\nRequest for a Hearing and Preliminary Statement of Issues\nWritten Response\nDear Mr. Ochs,\nBy way of the attached, Tallgrass Interstate Gas Transmission LLC’s (Tallgrass)\nresponds to the above-referenced Notice of Probable Violation, Proposed Civil Penalty and\nProposed Compliance Order (NOPV) issued by the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) on December 7, 2021. As described in the attached, Tallgrass requests\nan informal conference to attempt to resolve certain Items contained in the NOPV.\nIn order to preserve its rights, Tallgrass also submits a Request for Hearing and\nPreliminary Statement of Issues pursuant to 49 C.F.R. § 190.211. Tallgrass hopes that the\nhearing will be unnecessary, and that the parties can resolve this matter informally.\nFor those NOPV Items not subject to the Request for Informal Conference and Request\nfor Hearing, Tallgrass provides written responses in the attached.\nI will reach out to you by phone regarding scheduling an informal conference. In the\nmeantime, please feel free to contact me if you have any questions.\nSincerely,\nJennifer Eckels\nManager - Compliance\n370 Van Gordon Street\nLakewood, CO 80228\nPhone: (303) 763-3486\n\n\n\nCC: Tallgrass: Byron Gale, Jay Meyers, Jarid Kling, Nicole Longwell, Crystal Heter\nPHMSA: AJ McKean, James Bunn\nEnclosure: Request for Informal Conference, Request for Hearing and Preliminary Statement\nof Issues Regarding NOPV Items 6, 9, 10, 11 and 12; and\nWritten Response to NOPV Items 1, 2, 3, 4, 5, 7 and 8\n\n32021043NOPV_Consent Agreement and Order_04132022_(20-179274)_text.pdf\n\nApril 13, 2022\nVIA ELECTRONIC MAIL TO: bill.moler@tallgrassenergylp.com\nMr. William Moler\nChief Executive Officer\nTallgrass Interstate Gas Transmission, LLC\n4200 W. 115th St. Suite 350\nLeawood, KS 66211\nCPF 3-2021-043-NOPV\nDear Mr. Moler:\nEnclosed please find a Consent Order incorporating the terms of the Consent Agreement\nbetween the Pipeline and Hazardous Materials Safety Administration (PHMSA) and Tallgrass\nInterstate Gas Transmission, LLC (Tallgrass), which was fully executed on April 11, 2022.\nService of the Consent Order and Consent Agreement by electronic mail is deemed effective\nupon the date of transmission and acknowledgement of receipt, or as otherwise provided under\n49 C.F.R. § 190.5.\nSincerely,\nAlan K Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosures: Consent Agreement and Consent Order\nCc: Mr. Gregory Ochs, Director, Central Region, Office of Pipeline Safety, PHMSA\nMs. Catherine Little, outside counsel for Tallgrass, catherine.little@troutman.com\nMs. Jennifer Eckels, Compliance Manager, Tallgrass, jennifer.eckels@tallgrass.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n__________________________________________\nIn the Matter of )\nTallgrass Interstate Gas Transmission, LLC, ) CPF No. 3-2021-043-NOPV\n)\n)\n)\nRespondent. )\n__________________________________________)\nCONSENT ORDER\nBy letter dated December 7, 2021, the Pipeline and Hazardous Materials Safety Administration,\nOffice of Pipeline Safety (PHMSA), issued a Notice of Probable Violation, Proposed Civil\nPenalty, and Proposed Compliance Order (Notice) to Tallgrass Interstate Gas Transmission, LLC\n(Tallgrass or Respondent).\nIn response to the Notice, Respondent did not to contest any of the underlying allegations and\nrequested a hearing only as to the proposed civil penalty for Items 6, 10, and 12, and the\nproposed compliance order actions for Items 6, 9, 10, 11, and 12 (Response). Respondent also\nasked for the opportunity to meet informally with PHMSA to discuss the issues raised.\nRespondent and PHMSA (the Parties) subsequently met on several occasions to discuss the\nissues raised in the Response. As a result of those discussions, Respondent has agreed to\nwithdraw its hearing request and accept the findings of violation in the Notice, subject to the\nclarifications as set forth below, pay a reduced civil penalty in the amount of $324,382 for Items\n2, 3, 5, 6, 8, 10, and 12, and to undertake certain corrective measures.\nAccordingly, the Consent Agreement is hereby approved and incorporated by reference into this\nOrder. Tallgrass is hereby ordered to comply with the terms of the Consent Agreement, effective\nimmediately.\nPursuant to 49 U.S.C. 60101, et seq., failure to comply with this Consent Order may result in the\nassessment of civil penalties as set forth in 49 C.F.R. § 190.223.\nThe terms and conditions of this Consent Order are effective upon service in accordance with 49\nC.F.R. § 190.5.\nApril 13, 2022\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n)\nIn the Matter of )\n)\nTallgrass Interstate Gas Transmission, )\nLLC ) CPF No. 3-2021-043-NOPV\n)\nRespondent. )\n____________________________________)\nCONSENT AGREEMENT\nFrom February 6 through November 19, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.) inspected Tallgrass Interstate Gas Transmission, LLC’s\n(Tallgrass or Respondent) records and facilities in Lakewood, Colorado.\nAs a result of the inspection, the Director, Central Region, OPS (Director), issued to Respondent,\nby letter dated December 7, 2021, a Notice of Probable Violation, Proposed Civil Penalty and\nProposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice\nalleged that Respondent committed probable violations of nine provisions of 49 C.F.R. Part 192\n(Items 2, 3, 5, 6, 8-12), proposed ordering Respondent to take certain measures to correct the\nalleged violations, and pay a proposed civil penalty in the amount of $359,900 associated with\nthose items. Three other items (Items 1, 4, and 7) were brought as warnings requiring no further\naction by Respondent.\nIn response to the Notice and without admission, Respondent elected not to contest any of the\nunderlying allegations and requested a hearing only as to the proposed civil penalty for Items 6,\n10, and 12, and the proposed compliance order actions for Items 6, 9, 10, 11, and 12 (Response).\nRespondent also asked for the opportunity to meet informally with PHMSA to discuss the issues\nraised. Respondent and PHMSA (the Parties) subsequently met on several occasions to discuss\nthe issues raised in the Response. As a result of those discussions and without admission,\nRespondent has agreed to withdraw its hearing request and accept the findings of violation in the\nNotice, subject to the clarifications as set forth below, pay a reduced civil penalty in the amount\nof $324,382 for Items 2, 3, 5, 6, 8, 10, and 12, and to undertake certain corrective measures.\nHaving agreed that settlement of this enforcement action will avoid further administrative\nproceedings or litigation and will serve the public interest by promoting safety and protection of\n1\n\n\n\nthe environment, pursuant to 49 C.F.R. Part 190, and upon consent and agreement of Respondent\nand PHMSA, the Parties hereby agree as follows:\nI. General Provisions:\n1. Respondent acknowledges that as the operator of the pipeline facilities subject to\nthe Notice, Respondent and its referenced natural gas pipeline facilities are subject to the\njurisdiction of the Federal pipeline safety laws, 49 U.S.C. § 60101, et seq., and the regulations\nand administrative orders issued thereunder. For purposes of this Agreement, Respondent\nacknowledges that it received proper notice of PHMSA’s action in this proceeding and that the\nNotice states claims upon which relief may be granted pursuant to 49 U.S.C. § 60101, et seq.,\nand the regulations and orders issued thereunder.\n2. After Respondent returns this signed Agreement to PHMSA, the Agency’s\nrepresentative will present it to the Associate Administrator for Pipeline Safety, recommending\nthat the Associate Administrator adopt the terms of this Agreement by issuing an administrative\norder (Consent Order) incorporating the terms of this Agreement. The terms of this Agreement\nconstitute an offer of settlement until accepted by the Associate Administrator. Once accepted,\nthe Associate Administrator will issue a Consent Order incorporating the terms of this Agreement.\n3. Respondent consents to the issuance of the Consent Order, and hereby waives\nany further procedural requirements with respect to its issuance. Respondent waives all rights to\ncontest the adequacy of notice, or the validity of the Consent Order or this Agreement, including\nall rights to administrative or judicial hearings or appeals, except as set forth herein.\n4. This Agreement shall apply to and be binding upon PHMSA and Respondent, its\nofficers, directors, and employees, and its successors, assigns, or other entities or persons otherwise\nbound by law. Respondent agrees to provide a copy of this Agreement and any incorporated work\nplans and schedules to all of Respondent’s officers, employees, and agents whose duties might\nreasonably include compliance with this Agreement.\n5. This Agreement constitutes the final, complete and exclusive agreement and\nunderstanding between the Parties with respect to the settlement embodied in this Agreement.\nThe Parties acknowledge that there are no representations, agreements or understandings\nrelating to settlement other than those expressly contained in this Agreement, except that the\nterms of this Agreement may be construed by reference to the Notice.\n6. Nothing in this Agreement affects or relieves Respondent of its responsibility to\ncomply with all applicable requirements of the Federal pipeline safety laws, 49 U.S.C. § 60101,\net seq., and the regulations and orders issued thereunder. Nothing in this Agreement alters\nPHMSA’s right of access, entry, inspection, and information gathering or PHMSA’s authority to\nbring enforcement actions against Respondent pursuant to the Federal pipeline safety laws, the\nregulations and orders issued thereunder, or any other provision of Federal or State law.\n7. For all transfers of ownership or operating responsibility of Respondent’s pipeline\nsystem referenced herein, Respondent will provide a copy of this Agreement to the prospective\n2\n\n\n\nUpon issuance of the Consent Order, the Parties agree to the following terms.\ntransferee at least 30 days prior to such transfer. Respondent will provide written notice of the\ntransfer to the PHMSA Central Regional Director no later than 60 days after the transfer occurs.\n8. This Agreement does not waive or modify any Federal, State, or local laws or\nregulations that are applicable to Respondent’s pipeline systems. This Agreement is not a\npermit, or a modification of any permit, under any Federal, State, or local laws or regulations.\nRespondent remains responsible for achieving and maintaining compliance with all applicable\nFederal, State, and local laws, regulations and permits.\n9. This Agreement does not create rights in, or grant any cause of action to, any\nthird party not party to this Agreement. The U.S. Department of Transportation is not liable for\nany injuries or damages to persons or property arising from acts or omissions of Respondent or\nits officers, employees, or agents carrying out the work required by this Agreement.\nRespondent agrees to hold harmless the U.S. Department of Transportation, its officers,\nemployees, agents, and representatives from any and all causes of action arising from any acts\nor omissions of Respondent or its contractors in carrying out any work required by this\nAgreement.\n10. Agreement.\nRespondent neither admits nor denies any allegation or conclusion in the Notice\nor this Agreement but agrees for purposes of this Agreement to comply with the terms of this\n11. II. Warning Items:\n12. Item 1: 49 C.F.R. § 191.5(c): The Notice alleged that Respondent failed to\nprovide a National Response Center (NRC) update within 48-hours, following an instance\nwhere Respondent submitted an update within 96 hours. This item was brought as a warning\nrequiring no further action by Respondent. This Warning Item does not constitute a finding of\nviolation for any purpose, and no further action by Respondent is necessary to achieve\ncompliance.\n13. Item 4: 49 C.F.R. § 192.465(b): The Notice alleged that Respondent failed to\ninspect three cathodic protection rectifiers at the requisite intervals of six times each calendar\nyear, but at intervals not exceeding two and a half months, which Respondent disclosed to\nPHMSA as part of a November 18, 2020, letter to PHMSA summarizing self-report items,\nassociated updates, and steps taken to remedy the underlying issues (Self-Report). This item\nwas brought as a warning requiring no further action by Respondent. This Warning Item does\nnot constitute a finding of violation for any purpose, and no further action by Respondent is\nnecessary to achieve compliance.\n14. Item 7: 49 C.F.R. § 192.605(a): The Notice alleged one instance where\nRespondent failed to follow its manual of written procedures for conducting operations and\nmaintenance activities which requires that certain maps and records regarding pipeline materials\nbe maintained for its Trenton Lateral pipeline. Respondent performed material verification digs\non the Trenton Lateral pipeline during the inspection to confirm the pipe specifications, and\nRespondent updated its system of record accordingly. This item was brought as a warning\n3\n\n\n\nrequiring no further action by Respondent. This Warning Item does not constitute a finding of\nviolation for any purpose, and no further action by Respondent is necessary to achieve\ncompliance.\nIII. Findings of Violation:\n15. Item 2: 49 C.F.R. § 192.463(a): The Notice alleged four instances where\nRespondent failed to maintain a level of cathodic protection that complies with one of the\napplicable criteria contained in Appendix D of Part 192. Respondent disclosed these issues to\nPHMSA as part of its Self-Report and undertook a number of measures to resolve the issues,\nincluding an unplanned CIS and immediate test point surveys to confirm CP levels, all of which\nconfirmed no immediate safety issues, increasing or upgrading rectifier outputs, and installation\nof Remote Monitoring Units. Respondent did not contest this allegation of violation and\nPHMSA finds a violation of 49 C.F.R. § 192.463(a). This violation may be considered by\nPHMSA as a prior offense in any future PHMSA enforcement action taken against Respondent.\n16. Item 3: 49 C.F.R. § 192.465(a): The Notice alleged that Respondent failed to\ntest certain electrical test stations along its pipeline at the required intervals for calendar years\n2016-2019, which Respondent disclosed to PHMSA as part of its Self-Report. All of the test\nstations at issue were tested within two weeks of disclosure and all collected readings met\nregulatory criteria. Respondent did not contest this allegation of violation and PHMSA finds a\nviolation of 49 C.F.R. § 192.465(a). This violation may be considered by PHMSA as a prior\noffense in any future PHMSA enforcement action taken against Respondent.\n17. Item 5: 49 C.F.R. § 192.465(c): The Notice alleged that Respondent failed to\nelectrically check for proper performance of critical bonds of four pipeline segments.\nRespondent disclosed these issues to PHMSA as part of its Self-Report, which included a\nsummary of the steps taken by Respondent to complete the electrical checks of the critical bonds\nof the four pipeline segments. Respondent did not contest this allegation of violation and\nPHMSA finds a violation of 49 C.F.R. § 192.465(c). This violation may be considered by\nPHMSA as a prior offense in any future PHMSA enforcement action taken against Respondent.\n18. Item 6: 49 C.F.R. § 192.481(a): The Notice alleged that Respondent failed to\ninspect two pipeline spans for atmospheric corrosion at least once every 3 calendar years, but\nwith intervals not to exceeding 39 months. Specifically, Respondent did not provide records\nduring PHMSA’s inspection of the requisite corrosion inspection records prior to August 24,\n2020 for the Lingle to State Line segment, and between June 9, 2019 and August 24, 2020 for\nthe Douglas Plant to Ogallala segment. In response to a post-inspection records request,\nRespondent provided a list in its Self-Report identifying missed corrosion inspections on the\nLingle to State Line segment at 38 locations in 2017 and one location in 2019. As summarized\nfor PHMSA, Respondent conducted inspections of all spans in 2020 and clarified\nresponsibilities for documentation requirements. Respondent did not contest this allegation of\nviolation and PHMSA finds a violation of 49 C.F.R. § 192.481(a). This violation may be\nconsidered by PHMSA as a prior offense in any future PHMSA enforcement action taken\nagainst Respondent.\n4\n\n\n\n19. Item 8: 49 C.F.R. § 192.605(a): The Notice alleged that Respondent failed to\nfollow its manual of written procedures for conducting inspections for electrical isolation of\npipeline casings at least once each calendar year, not to exceed 15 months, which Respondent\ndisclosed to PHMSA as part of its Self-Report and summarized the actions taken by Respondent\nto complete casing patrols and readings at the subject locations. Respondent did not contest this\nallegation of violation and PHMSA finds a violation of 49 C.F.R. § 192.605(a). This violation\nmay be considered by PHMSA as a prior offense in any future PHMSA enforcement action\ntaken against Respondent.\n20. Item 9: 49 C.F.R. § 192.605(b)(1)(8): The Notice alleged that Respondent\nfailed to prepare and follow written procedures for maintenance and normal operations relating\nto corrosion control survey information and data collection. Respondent self-identified and self-\nreported these issues following their discovery on November 18, 2020, which was limited to one\nof its operating regions. To address the issues underlying the self-report, Respondent undertook\nremedial measures and planned additional remedial measures as detailed in the self-report\nsubmitted to PHMSA. Respondent did not contest this allegation of violation and PHMSA finds\na violation of 49 C.F.R. § 192.605(b)(1)(8). This violation may be considered by PHMSA as a\nprior offense in any future PHMSA enforcement action taken against Respondent.\n21. Item 10: 49 C.F.R. § 192.706(a): The Notice alleged that Respondent failed to\nconduct leak detection surveys in a non-odorized Class 3 location using acceptable leak detector\nequipment from 2017 through 2019 on Line Number 740-002-00-00, at Holyoke, Colorado. As\ndiscussed and reflected in documents provided during the informal conferences, Respondent\nprovided a list of the unodorized Class 3 locations in which it used the prior leak detector\nequipment and conducted subsequent leak surveys of those locations with appropriate leak\ndetection equipment. Respondent did not contest this allegation of violation and PHMSA finds\na violation of 49 C.F.R. § 192.706(a). This violation may be considered by PHMSA as a prior\noffense in any future PHMSA enforcement action taken against Respondent.\n22. Item 11: 49 C.F.R. § 192.805(h): The Notice alleged that Respondent failed to\nprovide training to ensure that individuals performing leakage surveys have the necessary\nknowledge and skills to perform the leakage survey in a manner required by § 192.706,\nincluding the appropriate leak detector equipment capable of detection leaks. Respondent did\nnot contest this allegation of violation and PHMSA finds a violation of 49 C.F.R. § 192.805(h).\nThis violation may be considered by PHMSA as a prior offense in any future PHMSA\nenforcement action taken against Respondent.\n23. Item 12: 49 C.F.R. § 192.911(a): The Notice alleged that Respondent’s\nintegrity management program failed to identify pipeline segments and pipeline facilities in high\nconsequence areas (HCAs) prior to calendar year 2020. As demonstrated by the additional\ndocuments provided to PHMSA since issuance of the Notice, Respondent initiated the\ndevelopment of a gas facility integrity management (IM) program in 2019 which was codified\nin March 2020, and through implementation, Respondent identified mainline HCAs and\nincorporated new facility HCAs into its IM program, with improvements made to include\nfacility piping. Respondent did not contest this allegation of violation and PHMSA finds a\nviolation of 49 C.F.R. § 192.911(a). This violation may be considered by PHMSA as a prior\noffense in any future PHMSA enforcement action taken against Respondent.\n5\n\n\n\nIV. Civil Penalty:\n24. Item 10: The Notice proposed assessing a civil penalty in the amount of $58,400\nfor Item 10. In its Response, and during the informal meetings between the Parties, Respondent\nprovided additional information regarding its belief that the device at issue was sufficient for\nleak detection under the regulations, . Based on the information provided, PHMSA agrees to\nreduce the proposed civil penalty in consideration of the Respondent’s good faith. As such,\nRespondent shall pay a reduced civil penalty in the amount of $41,126.\n25. Item 12: The Notice proposed assessing a civil penalty in the amount of $63,900\nfor Item 12. In its Response, and during the informal meetings between the Parties, Respondent\nprovided additional information related to the steps it undertook prior to the inspection to\nidentify facility HCAs and assess mainline pipe including within facilities, and actions it was\ntaking to incorporate the facility piping into its integrity management program. Based on the\ninformation provided, PHMSA agrees to reduce the proposed civil penalty under the good faith\nfactor. As such, Respondent shall pay a reduced civil penalty in the amount of $46,656.\n26. Items 2, 3, 5, 6, and 8: The Notice proposed penalties for probable violations\nassociated with Items 2, 3, 5, 6, and 8, in the amount of $237,600. Respondent did not contest\nthese proposed penalties.\n27. Respondent shall pay a total civil penalty in the amount of $324,382, to be paid in\nfull no later than 20 days from the Effective Date of this Agreement.\nV. Compliance Order:\n28. The Notice proposed certain compliance order actions to address the non-\ncompliance alleged in the Notice for Items 6, 9, 10, 11, and 12. Respondent did not contest the\nProposed Compliance Order, but requested certain clarifications.\n29. With respect to the Proposed Compliance Order obligations for Item 10, the\nParties agree that Respondent demonstrated that it has satisfied the terms of the Proposed\nCompliance Order with respect to this Item by (a) identifying and providing a list to PHMSA of\nthe unodorized Class 3 locations which used the Gas Alert Max leak detection equipment, and\n(b) conducting a leak survey of the unodorized pipelines in Class 3 locations with leak detection\nequipment designed and calibrated to identify leaks on underground pipelines.\n30. Accordingly, as agreed to by the Parties, Respondent must undertake the\nfollowing corrective measures for Items 6, 9, 10, 11 and 12:\nA. In regards to Item 6 of the Notice pertaining to the inspection of each pipeline or\nportion of pipeline that is exposed to the atmosphere for evidence of atmospheric\ncorrosion at least once every 3 calendar years, but with intervals not to exceeding\n39 months, Respondent must:\n1. Provide the Central Region Director with a list of all the spans exposed to the\natmosphere in the western district of the Rocky Mountain Operating Region\n6\n\n\n\nB. C. D. and the associated atmospheric inspection records within 60 days of the\nEffective Date of this Consent Agreement.\n2. Provide a procedure modification to the Central Region Director for approval\nto ensure complete atmospheric inspections are accomplished and records are\nmaintained going forward within 60 days of the Effective Date of this\nConsent Agreement.\nIn regards to Item 9 of the Notice pertaining to the review of the effectiveness and\nadequacy of corrosion control procedures used in normal operation and\nmaintenance activities per § 192.605(b)(8), Respondent must:\n1. Perform a review of current corrosion control process and procedures\ncontained in its operations and maintenance manual. The review must be\nperformed by personnel not involved in the work or the operations being\nreviewed. The evaluation method should also allow the operator to objectively\nevaluate the strengths and weaknesses of its personnel and processes that\nsupport each of the elements of the corrosion control process and procedures\ncontained in the operations and maintenance manual, as well as areas needing\nimprovement. Respondent shall provide a plan for approval to the Central\nRegion Director identifying the review criteria, scope, frequency, and methods\nused to assess the application of and conformance with current corrosion\ncontrol process and procedures in Respondent’s operation and maintenance\nmanual within 90 days of the Effective Date of this Consent Agreement.\n2. Within 365 days of the Effective Date of this Consent Agreement, Respondent\nshall provide a schedule for addressing identified areas of concern. The\nmanagement responsible for the area being reviewed or evaluated shall ensure\nthat findings are addressed within the defined response times.\n3. Respondent shall submit a summary of the corrective actions taken to address\nthe areas of concern quarterly to the Central Region Director until closure of\nthe Consent Agreement.\nIn regards to Item 11 of the Notice pertaining to Respondent failing to provide\ntraining to ensure that individuals performing leakage surveys have the necessary\nknowledge and skills to perform the leakage survey in a manner required by\n§ 192.706, Respondent must develop and commence training to ensure that\npersonnel are equipped with the knowledge of using the appropriate leak\ndetection equipment for relevant tasks within 90 days of the Effective Date of this\nConsent Agreement.\nIn regards to Item 12 of the Notice pertaining to Respondent failing to identify\npipeline segments in high consequence areas including pipeline facilities prior to\ncalendar year 2020, Respondent must:\n7\n\n\n\n1. 2. Provide a plan which will outline Respondent’s enhancements to its existing\nHCA facility screening process, including an outline of documentation to\nreflect the enhancements, for approval to review by the Central Regional\nDirector within 120 days of the Effective Date of this Consent Agreement.\nIdentify and incorporate any additional facility HCAs using the enhanced\nHCA facility screening process set forth in D.1. above into Respondent’s\nFacility Integrity Management Plan within 365 days of the Effective Date of\nthis Consent Agreement.\nVI. Enforcement:\n31. This Agreement is subject to all enforcement authorities available to PHMSA\nunder 49 U.S.C. § 60101, et seq., and 49 C.F.R. Part 190, including administrative civil\npenalties under 49 U.S.C. § 60122, of up to $225,134 per violation for each day the violation\ncontinues and referral of the case to the Attorney General for judicial enforcement, if PHMSA\ndetermines that Respondent is not complying with the terms of this Agreement in accordance\nwith determinations made by the Director, or if appealed, in accordance with decisions of the\nAssociate Administrator. The maximum civil penalty amounts are adjusted annually for\ninflation. See 49 C.F.R. § 190.223.\nVII. Dispute Resolution:\n32. The Director and Respondent will informally attempt to resolve any disputes\narising under this Agreement, including but not limited to any decision of the Director. If\nRespondent and the Director are unable to informally resolve the dispute within 15 calendar\ndays after the dispute is first raised, in writing, to the Director, Respondent may submit a written\nrequest for a determination resolving the dispute from the Associate Administrator for Pipeline\nSafety, PHMSA. Such request must be made in writing and provided to the Director, counsel for\nthe Central Region, and to the Associate Administrator for Pipeline Safety, no later than 10\ncalendar days from the 15 day deadline for informal resolution referenced in this paragraph.\nAlong with its request, Respondent must provide the Associate Administrator with all\ninformation Respondent believes is relevant to the dispute. Decisions of the Associate\nAdministrator under this paragraph will constitute final agency action. The existence of a\ndispute and PHMSA’s consideration of matters placed in dispute will not excuse, toll, or\nsuspend any term or timeframe for completion of any work to be performed under this\nAgreement during the pendency of the dispute resolution process, except as agreed by the\nDirector or the Associate Administrator in writing, or ordered by a court of competent\njurisdiction.\nVIII. Effective Date:\n33. Agreement.\nThe term “Effective Date,” as used herein, is the date on which the Consent\nOrder is issued by the Associate Administrator, PHMSA, incorporating the terms of this\n8\n\n\n\nIX. Modification:\n34. The terms of this Agreement may be modified by mutual agreement of the\nParties. Such modifications must be in writing and signed by both parties.\nX. Ratification:\n35. The Parties’ undersigned representatives certify that they are fully authorized to\nenter into the terms and conditions of this Agreement and to execute and legally bind such party\nto this document.\nThe Parties hereby agree to all conditions and terms of this Agreement.\n[Signature Lines on Following Page]\n9\n\n\n\nFor Tallgrass Interstate Gas Transmission, LLC:\nDate\nFor PHMSA:\nDirector, Central Region, Office of Pipeline Safety\nDate April 8, 2022\n10\n\n32021043NOPV_Op Resp to Notice and Req for Hearing and Prelim Stmnt of Issues (Part 2)_01062022_(20-179274).pdf\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\n)\nIn the Matter of )\n)\nTallgrass Interstate Gas Transmission, LLC, ) CPF No. 3-2021-043-NOPV\n)\nRespondent. )\n)\nREQUEST FOR INFORMAL CONFERENCE, REQUEST FOR HEARING AND\nPRELIMINARY STATEMENT OF ISSUES FOR NOPV ITEMS 6, 9, 10, 11 and 12\nWRITTEN RESPONSE TO NOPV ITEMS 1, 2, 3, 4, 5, 7 and 8\nI. Request for Informal Conference\nPursuant to 49 U.S.C. § 60117(b)(1)(B), Tallgrass Interstate Gas Transmission, LLC\n(Tallgrass) respectfully requests an informal conference to discuss Items 6, 9, 10, 11 and 12 of the\nabove-referenced, December 7, 2021 Notice of Probable Violation, Proposed Civil Penalty, and\nProposed Compliance Order (NOPV). Tallgrass is hopeful that through further discussion of the\nfacts and circumstances around these Items that these portions of the NOPV can be addressed\nwithout a hearing.\nII. Request for Hearing\nPursuant to 49 C.F.R. §§ 190.208(a)(4), 190.208(b)(4), and 190.211(b), Tallgrass\nrespectfully requests an in-person hearing regarding the proposed civil penalties and proposed\ncompliance orders for Items 6, 9, 10, 11 and 12. If a hearing is held, Tallgrass will be represented\nby counsel at the hearing.\nIII. Preliminary Statement of Issues\nIn the informal conference, and at the hearing if one is necessary, Tallgrass intends to raise\nthe following issues:\n\n\n\nA. Item 6 – 49 C.F.R. § 192.481 Atmospheric Corrosion Control Monitoring\n1. Whether the proposed compliance order is necessary given the remedial efforts that\nTallgrass has already undertaken.\n2. Whether PHMSA should reduce the proposed civil penalty for this Item.\nB. Item 9 – 49 C.F.R. § 192.605(b)(8) Periodic Review of O&M Manual\n1. Whether the proposed compliance order is overbroad, in that it proposes to require\naudits of conformity with the entire operat","truncated":true,"body_characters":44793}