{"operation":"document","citation":"CPF 420175018M","title":"FRONTIER ENERGY SERVICES, L.L.C. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-05-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.50(b)(2), 195.52(a), 195.52(b)(6), 195.52(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175018m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175018m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175018m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175018M","body":"Notice of Amendment involving FRONTIER ENERGY SERVICES, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.50(b)(2),  195.52(a),  195.52(b)(6),  195.52(d). The case was opened on 2017-05-03 and is reported as closed as of 2018-08-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175018M_Closure Letter_08102018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175018M/420175018M_Closure%20Letter_08102018.pdf\n\n420175018M_Closure Letter_08102018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175018M/420175018M_Closure%20Letter_08102018_text.pdf\n\n420175018M_Notice of Amendment_05032017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175018M/420175018M_Notice%20of%20Amendment_05032017.pdf\n\n420175018M_Notice of Amendment_05032017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175018M/420175018M_Notice%20of%20Amendment_05032017_text.pdf\n\n420175018M_Operator_Response_to_Notice_05122017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175018M/420175018M_Operator_Response_to_Notice_05122017.pdf\n\n420175018M_Closure Letter_08102018_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 10, 2018\nRobert Shain\nSenior Vice President of Engineering\nFrontier Energy Services, LLC\n4200 E. Skelly Drive, Suite 400\nTulsa, OK 74135\nCPF 4-2017-5018M\nDear Mr. Shain:\nOn February 6, 2017, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, inspected Frontier\nEnergy Services, LLC’s procedures for notification of accidents to PHMSA and the National\nResponse Center. As a result of the inspection, Frontier Energy Services, LLC was issued a Notice\nof Amendment on May 3, 2017, which proposed amendment of your procedures.\nFrontier Energy Services, LLC submitted notification D-20170222-14510 to PHMSA on February\n22, 2017. This notification informed PHMSA of Frontier Energy Services, LLC’s divestiture from\nall PHMSA-regulated pipeline assets and requested deactivation of their Operator Identification\nNumber. As a result, PHMSA has determined that the proposed amendments are no longer\nrelevant.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n\n420175018M_Notice of Amendment_05032017_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 3, 2017\nRobert Shain\nSenior Vice President of Engineering\nFrontier Energy Services, L.L.C.\n4200 E. Skelly Drive, Suite 400\nTulsa, Oklahoma 74135\nCPF 4-2017-5018M\nDear Mr. Shain:\nOn February 6, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Frontier\nEnergy Services LLC’s procedures for notification of accidents to PHMSA and the National\nResponse Center.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nFrontier’s plans or procedures, as described below:\n1. §195.50 Reporting Accidents.\nAn accident report is required for each failure in a pipeline system subject to this part in\nwhich there is a release of the hazardous liquid or carbon dioxide transported resulting\nin any of the following:\n(b) Release of 5 gallons (19 liters) or more of hazardous liquid or carbon dioxide,\nexcept that no report is required for a release of less than 5 barrels (0.8 cubic meters)\nresulting from a pipeline maintenance activity if the release is:\n(2) Not one described in §195.52(a)(4)\n\n\n\nFrontier’s emergency response procedure contains an incorrect definition of a reportable accident\nas described in §195.50(b)(2). Frontier’s written definition of an accident (Liquid Pipeline\nOperations, Maintenance & Emergency Manual, Section 19.6 Accident Definition, Page 19-5)\nprovides an exclusion under 19.6 2B for a condition that does require notification. Frontier’s\nprocedures 19.6 2B excludes reporting for a leak which meets the description in §195.52(a)(4) for\n“any failure that resulted in pollution of any stream, river, lake reservoir, or other similar body of\nwater that violated applicable water quality standards…” Frontier must modify their procedures to\neliminate the incorrect exception.\n2. §195.52 Immediate notice of certain accidents\n(a) Notice requirements. At the earliest practicable moment following discovery, of a\nrelease of the hazardous liquid or carbon dioxide transported resulting in an event\ndescribed in §195.50, but no later than one hour after confirmed discovery, the\noperator of the system must give notice, in accordance with paragraph (b) of this\nsection of any failure that:\n(1) Caused a death or a personal injury requiring hospitalization;\n(2) Resulted in either a fire or explosion not intentionally set by the operator;\n(3) Caused estimated property damage, including cost of cleanup and recovery,\nvalue of lost product, and damage to the property of the operator or others, or\nboth, exceeding $50,000;\n(4) Resulted in pollution of any stream, river, lake, reservoir, or other similar\nbody of water that violated applicable water quality standards, caused a\ndiscoloration of the surface of the water or adjoining shoreline, or deposited a\nsludge or emulsion beneath the surface of the water or upon adjoining\nshorelines; or\n(5) In the judgment of the operator was significant even though it did not meet\nthe criteria of any other paragraph of this section.\nFrontier’s emergency response procedure includes an incorrect definition of accidents requiring\nan immediate notification. Frontier’s written telephonic notification procedure (Liquid Pipeline\nOperations, Maintenance & Emergency Manual, Section 19.12, Page 19-11) includes a definition\nof an accident requiring immediate notification that does not meet the requirements of §195.52(a).\nSpecifically, it does not require notification in the event of an injury requiring hospitalization, nor\nnotification in the event of water pollution as described in §195.52(a)(4).\n3. §195.52 Immediate notice of certain accidents\n(b) Information required. Each notice required by paragraph (a) of this section must\nbe made to the National Response Center either by telephone to 800-424-8802 (in\nWashington, DC, 202-267-2675) or electronically at http://www.nrc.uscg.mil and\nmust include the following information:\n(6) Initial estimate of amount of product released in accordance with paragraph\n(c) of this section\n2\n\n\n\n4. Frontier’s written telephonic notification procedure (Liquid Pipeline Operations, Maintenance &\nEmergency Manual, Section 19.12, Page 19-11) does not include the requirement to provide an\ninitial estimate of the amount of product released. The procedure does not specify that the\ntelephonic notification provide an initial estimate as required by 195.52(b)(6), nor does it reference\na written procedure to estimate the amount of product released.\n§195.52 Immediate notice of certain accidents\n(d) New information. Within 48 hours after the confirmed discovery of an accident, to\nthe extent practicable, an operator must revise or confirm its initial telephonic\nnotice required in paragraph (b) of this section with a revised estimate of the\namount of product released, location of the failure, time of the failure, a revised\nestimate of the number of fatalities and injuries, and all other significant facts that\nare known by the operator that are relevant to the cause of the accident or extent\nof the damages. If there are no changes or revisions to the initial report, the\noperator must confirm the estimates in its initial report.\nFrontier’s written telephonic notification procedure (Liquid Pipeline Operations, Maintenance &\nEmergency Manual, Section 19.12, Page 19-11) does not include the requirement to revise or\nconfirm their initial telephonic notice within 48 hours of discovery.\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 Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment 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 Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\n3\n\n\n\nIt is requested (not mandated) that Frontier Energy Services LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Terri J. Binns, Acting Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2017-5018M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nTerri J.Binns\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n4","truncated":false,"body_characters":10540}