{"operation":"document","citation":"CPF 32024073NOA","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":"2024-10-22","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024073noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024073noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32024073noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32024073NOA","body":"Notice of Amendment involving TALLGRASS PONY EXPRESS PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(a). The case was opened on 2024-10-22 and is reported as closed as of 2024-12-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32024073NOA_Closure Letter_12192024_(23-264835).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024073NOA/32024073NOA_Closure%20Letter_12192024_(23-264835).pdf\n\n32024073NOA_Closure Letter_12192024_(23-264835)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024073NOA/32024073NOA_Closure%20Letter_12192024_(23-264835)_text.pdf\n\n32024073NOA_Notice of Amendment_10222024_(23-264835).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024073NOA/32024073NOA_Notice%20of%20Amendment_10222024_(23-264835).pdf\n\n32024073NOA_Notice of Amendment_10222024_(23-264835)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024073NOA/32024073NOA_Notice%20of%20Amendment_10222024_(23-264835)_text.pdf\n\n32024073NOA_Operator Response to Notice_11082024_(23-264835).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32024073NOA/32024073NOA_Operator%20Response%20to%20Notice_11082024_(23-264835).pdf\n\n32024073NOA_Closure Letter_12192024_(23-264835)_text.pdf\n\nVIA ELECTRONIC MAIL TO: matt@tallgrass.com; crystal.heter@tallgrass.com;\ndanielle.stephens@tallgrass.com\nDecember 19, 2024\nMatt Sheehy\nPresident & CEO\nTallgrass Energy Partners, LP\n370 Van Gordon Street\nLakewood, CO 80228\nRE: CPF 3-2024-073-NOA\nDear Mr. Matt Sheehy:\nFrom August 7, 2023, to September 1, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected the procedures for operation and maintenance, corrosion control, and\nintegrity management for Tallgrass Pony Express Pipeline, LLC, Tallgrass Powder River\nGateway, LLC, and Tallgrass Midstream, LLC (Tallgrass) in Denver, Colorado. As a result of\nthe inspection, Tallgrass was issued a Notice of Amendment on October 22, 2024, which\nproposed amendment to Tallgrass’ procedures.\nTallgrass submitted its amended procedures on November 8, 2024. 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 that no further action is necessary, and this case is now closed.\nThank you for your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Danielle Stephens, DOT Compliance Primary, Tallgrass Energy, L.P.,\nDanielle.Stephens@tallgrass.com;\nCrystal Heter, Chief Operating Officer, Tallgrass Energy, L.P.,\ncrystal.heter@tallgrassenergylp.com\n\n32024073NOA_Notice of Amendment_10222024_(23-264835)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: matt@tallgrass.com; crystal.heter@tallgrass.com;\ndanielle.stephens@tallgrass.com\nOctober 22, 2024\nMatt Sheehy\nPresident & CEO\nTallgrass Energy Partners, LP\n370 Van Gordon Street\nLakewood, CO 80228\nCPF 3-2024-073-NOA\nDear Mr. Matt Sheehy:\nFrom August 7, 2023, to September 1, 2023, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected your Tallgrass Pony Express Pipeline, LLC, Tallgrass Powder River\nGateway, LLC, and Tallgrass Midstream, LLC (collectively Tallgrass) procedures for operation\nand maintenance, corrosion control, and integrity management in Denver, Colorado. Tallgrass\nPony Express Pipeline, LLC, Tallgrass Powder River Gateway, LLC, and Tallgrass Midstream,\nLLC are subsidiaries of Tallgrass Energy Partners, LP.1\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nTallgrass’ plans or procedures. The items inspected and the inadequacies are described below:\n1. § 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.\n1 See System Map, TALLGRASS, https://tallgrass-dev.dotcms.cloud/dA/19b8b3d84f/asset/System%20Map%20-\n%20Sustainability%20Report.pdf?language id=1 (last accessed October 18, 2024).\n\n\n\n2. Tallgrass’ operations and maintenance (O&M) procedure “OM000_GL” was inadequate\nto ensure that Tallgrass’ procedures were evaluated to determine the effectiveness of\nprocedures used in normal operations, per the requirements of § 195.402(a). Tallgrass’\n“OM000_GL,” section 3, detailed Tallgrass’ process for reviewing the work done by\nTallgrass to determine the effectiveness of the procedures used in normal operation.\n“OM000_GL” failed to include that all procedures must be reviewed and did not describe\nhow the progress of the reviews will be tracked, as required by § 195.402(c)(13).2 The\nprocedure must be amended to include a tracking mechanism that ensure each procedure\nin the O&M is reviewed for effectiveness.\n§ 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.\nTallgrass’ O&M procedure “OM301_L” was inadequate to ensure that valves were\ninspected and tested properly. Tallgrass’ “OM301_L,” “Inspecting and Servicing\nEmergency Valves,” failed to identify which valve items shall be inspected and/or tested\nto determine the valve was functioning properly, as required by § 195.420(b)3 and\ndetailed in PHMSA’s OM Enforcement Guidance.3 The procedure must be amended to\nrequire that emergency valves be inspected and tested in all manners in which the valve\ncould be operated during an emergency.\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\n2 49 C.F.R. § 195.402(c)(13) states that the manual required by paragraph (a) must include procedures for\n“periodically reviewing the work done by operator personnel to determine the effectiveness of the procedures used\nin normal operation and maintenance and taking corrective action where deficiencies are found.”\n3 49 C.F.R. § 195.420(b), in pertinent part, requires each operator to, at least twice each calendar year, but at\nintervals not exceeding 71⁄2 months, inspect each mainline valve to determine that it is functioning properly.\n3 PHMSA, Operations and Maintenance Enforcement Guidance Part 195, (revised July. 21, 2017),\nhttps://www.phmsa.dot.gov/pipeline/enforcement/operations-and-maintenance-enforcement-guidance-part-195.\n\n\n\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\n30 days of receipt of this Notice. This period may be extended by written request for good cause.\nOnce the inadequacies identified herein have been addressed in your amended procedures, this\nenforcement action will be closed.\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, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 3-2024-073-NOA\nand, for each document you submit, please provide a copy in electronic format whenever\npossible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Danielle Stephens, DOT Compliance Primary, Tallgrass Energy, L.P.,\nDanielle.Stephens@tallgrass.com;\nCrystal Heter, Chief Operating Officer, Tallgrass Energy, L.P.,\ncrystal.heter@tallgrassenergylp.com\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":10190}