{"operation":"document","citation":"CPF 42023001WL","title":"PERMIAN EXPRESS PARTNERS LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-01-26","effective_on":null,"summary":"CLOSED warning letter citing 195.412(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023001wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023001wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023001wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023001WL","body":"Warning Letter involving PERMIAN EXPRESS PARTNERS LLC. PHMSA's enforcement data identifies the cited regulation as 195.412(a). The case was opened on 2023-01-26 and is reported as closed as of 2023-01-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023001WL_Warning Letter_01262023_(22-232870).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023001WL/42023001WL_Warning%20Letter_01262023_(22-232870).pdf\n\n42023001WL_Warning Letter_01262023_(22-232870)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023001WL/42023001WL_Warning%20Letter_01262023_(22-232870)_text.pdf\n\n42023001WL_Warning Letter_01262023_(22-232870)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL\nJanuary 26, 2023\nGreg McIlwain\nExecutive Vice President Operations\nPermian Express Partners, LLC\n1300 Main Street\nHouston, Texas 77002\nCPF 4-2023-001-WL\nDear Mr. McIlwain:\nFrom June 6, 2022, through September 2, 2022, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Permian Express Partners LLC’s (Permian), Texas and Louisiana area\nfacilities.\nAs a result of the inspection, it is alleged that Permian committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least\n26 times each calendar year, inspect the surface conditions on or\nadjacent to each pipeline right-of-way. Methods of inspection include\nwalking, driving, flying or other appropriate means of traversing the\nright-of-way.\nPermian Express failed to inspect the surface conditions on or adjacent to each pipeline righ-of-\nway at intervals not exceeding 3 weeks, but at least 26 times each calendar year in accordance with\n§195.412(a). Specifically, Permian Express inspected the right-of-way at Finney to Boyce 20\"/22\"\non 1/27/2021 and 2/23/2021, six days beyond the three-week interval.\n\n\n\nTherefore, Permian Express Operator failed to inspect the surface conditions on or adjacent to each\npipeline right-of-way at intervals not exceeding 3 weeks, but at least 26 times each calendar year\nin accordance with § 195.412(a).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$239,142 per violation per day the violation persists, up to a maximum of $2,391,412 for a related\nseries of violations. For violation occurring on or after May 3, 2021 and before March 21, 2022,\nthe maximum penalty may not exceed $225,134 per violation per day the violation persists, up to\na maximum of $2,251,334 for a related series of violations. For violations occurring on or after\nJanuary 11, 2021, and before May 3, 2021, the maximum penalty may not exceed $222,504 per\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violations occurring on or after July 31, 2019, and before January 11, 2021, the\nmaximum penalty may not exceed $218,647 per violation per day the violation persists, up to a\nmaximum of $2,186,465 for a related series of violations. For violations occurring on or after\nNovember 27, 2018, and before July 31, 2019, the maximum penalty may not exceed $213,268\nper violation per day, with a maximum penalty not to exceed $2,132,679. For violations occurring\non or after November 2, 2015, and before November 27, 2018, the maximum penalty may not\nexceed $209,002 per violation per day, with a maximum penalty not to exceed $2,090,022.\nWe have 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 identified in this letter. Failure to do so may result in\nPermian 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 4-2023-001-WL. 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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Todd Nardozzi, Director Regulatory Compliance, todd.nardozzi@energytransfer.com","truncated":false,"body_characters":4900}