{"operation":"document","citation":"CPF 32021044NOA","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":"2021-10-18","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.402(d)(1)(ii), 195.452(f)(8).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021044noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021044noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021044noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021044NOA","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(d)(1)(ii),  195.452(f)(8). The case was opened on 2021-10-18 and is reported as closed as of 2023-03-03. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021044NOA_Closure Letter_03032023_(20-172259).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021044NOA/32021044NOA_Closure%20Letter_03032023_(20-172259).pdf\n\n32021044NOA_Closure Letter_03032023_(20-172259)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021044NOA/32021044NOA_Closure%20Letter_03032023_(20-172259)_text.pdf\n\n32021044NOA_Notice of Amendment_10182021_(20-172259).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021044NOA/32021044NOA_Notice%20of%20Amendment_10182021_(20-172259).pdf\n\n32021044NOA_Notice of Amendment_10182021_(20-172259)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021044NOA/32021044NOA_Notice%20of%20Amendment_10182021_(20-172259)_text.pdf\n\n32021044NOA_Operator Response to Notice_11162021_(20-172259).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021044NOA/32021044NOA_Operator%20Response%20to%20Notice_11162021_(20-172259).pdf\n\n32021044NOA_Notice of Amendment_10182021_(20-172259)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: bill.moler@tallgrassenergylp.com;\njennifer.eckels@tallgrassenergylp.com; brad.armsbury@tallgrassenergylp.com;\nOctober 18, 2021\nWilliam Moler, CEO\nTallgrass Pony Express Pipeline, LLC\n4200 W. 115th St. Suite 350\nLeawood, KS 66211\nCPF 3-2021-044-NOA\nDear Mr. Moler:\nFrom August 2, 2020, to October 25, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Tallgrass Pony Express Pipeline, LLC’s (Tallgrass) procedures for operations and\nmaintenance in Lakewood, Colorado.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies found within\nTallgrass’ plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . . .\n(d) Abnormal operation. The manual required by paragraph (a) of this section\nmust include procedures for the following to provide safety when operating design\nlimits have been exceeded:\n(1) Responding to, investigating, and correcting the cause of:\n(ii) Increase or decrease in pressure or flow rate outside normal operating limits;\n\n\n\nTallgrass’ procedures for abnormal operations failed to account for a response or investigation of\nall overpressure events over 100% of maximum operating pressure (MOP), and were therefore\ninadequate to comply with the requirements of § 195.402(d)(1)(ii). Tallgrass’ procedure,\nOM0159_GL Undesirable Event Response, Section 3.3, only required the operator to record\noverpressure events exceeding 110% MOP as abnormal operations, but failed to include a\nrequirement to investigate the cause of any increase or decrease in pressure outside normal\noperating limits. Tallgrass must modify its procedures so that it clearly defines normal operating\nlimits. Periodic review of abnormal operations must include all recorded exceedances of normal\noperating limits, including any increase or decrease in pressure or flow rate outside of normal\noperating limits, as well as any other malfunction of a component, deviation from normal\noperation, or personnel error which could cause a hazard to persons or property.\n2. § 195.402 Procedure manual for operations, maintenance, and emergencies.\n(a) . . . .\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(1) . . . .\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’ procedure for corrosion control failed to provide for the correction of corrosion\ncontrol deficiencies within a reasonable time as required under § 195.573(e), and was therefore\ninadequate to comply with § 195.402(c)(3). Under § 195.402(c)(3), an operator must have a\nwritten manual for operating, maintaining, and repairing the pipeline system in accordance with\nthe requirements of subpart H. Section 195.573(e), of subpart H, requires an operator to correct\nany identified deficiency in corrosion control. Tallgrass’ procedure, OM0903_GL External\nCorrosion Control for Buried or Submerged Pipelines, did not provide a time frame for the\ncompletion of corrosion control maintenance and repair projects. Tallgrass specifies a 45-day\ntime frame to complete recommendations and to report on the results of repairs, however, the\nprocedure did not specify any time frame for the completion of the correction or repair of the\ndeficiency.\nTallgrass must amend its procedures to include, at a minimum; (1) a time frame for evaluating\ndata and determining a course of action; and (2) a time frame for any new installation to be\noperational and cathodic protection to be in the adequate range.\n3. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\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\n2\n\n\n\nintegrity management program:\n(1) . . . .\n(8) A process for review of integrity assessment results and information analysis by\na person qualified to evaluate the results and information (see paragraph (h)(2) of\nthis section).\nTallgrass’ integrity management program failed to include specific qualifications required for\npersonnel who manage and execute integrity assessments, and was therefore inadequate to\ncomply with the requirements of § 195.452(f)(8). Tallgrass defined the responsibilities of the\nManager, Asset Integrity, the Integrity Engineers, and the Director, Technical Services by\nprocedure IMP108_L Continual Assessment and Analysis, Section 8.0.2. However, Tallgrass\nmade no mention of the qualifications required for these supervisory roles. Tallgrass procedure\nIMP111_L Program Administration states additional roles and responsibilities, including a broad\nreference to training requirements, but, again, failed to include specific qualifications required\nfor the supervisory roles. Furthermore, procedure IMP111_L Section 11.3 – Training states that\nAsset Integrity team members “are qualified” without listing minimum qualification\nrequirements or standards.\nTallgrass must amend its procedures to require specific qualifications for personnel who manage\nand execute integrity assessments as required under § 195.452(f)(8).\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\nEnforcement Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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.\n3\n\n\n\nIt is requested that Tallgrass maintain documentation of the safety improvement costs associated\nwith fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit\nthe total to Gregory A. Ochs, Director, Central Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 3-2021-044-NOA\nand, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n4\n\n32021044NOA_Closure Letter_03032023_(20-172259)_text.pdf\n\nVIA ELECTRONIC MAIL TO: matt@tallgrass.com;\njennifer.eckels@tallgrassenergylp.com; crystal.heter@tallgrass.com\nMarch 3, 2023\nMatt Sheehy, President & Chief Executive Officer\nTallgrass Pony Express Pipeline, LLC\n4200 West 115th St. Suite 350\nLeawood, KS 66211\nRE: CPF 3-2021-044-NOA\nDear Mr. Sheehy:\nFrom August 2, 2020, to October 25, 2020, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Tallgrass Pony Express Pipeline, LLC’s (Tallgrass) procedures for operations and\nmaintenance in Lakewood, Colorado. As a result of the inspection, Tallgrass was issued a\nNotice of Amendment on October 18, 2021, which proposed amendment of your procedures.\nTallgrass submitted its amended procedures on September 27, 2022. My staff has reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Jennifer Eckels, Manager – Compliance and Records (jennifer.eckels@tallgrass.com)\nCrystal Heter, Chief Operating Officer (crystal.heter@tallgrass.com)","truncated":false,"body_characters":10992}