{"operation":"document","citation":"CPF 42023022WL","title":"CAPTUREPOINT LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-10","effective_on":null,"summary":"CLOSED warning letter citing 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023022wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023022wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42023022wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42023022WL","body":"Warning Letter involving CAPTUREPOINT LLC. PHMSA's enforcement data identifies the cited regulation as 195.446(a). The case was opened on 2023-02-10 and is reported as closed as of 2023-02-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42023022WL_Warning Letter_02102023_(22-234516).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023022WL/42023022WL_Warning%20Letter_02102023_(22-234516).pdf\n\n42023022WL_Warning Letter_02102023_(22-234516)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42023022WL/42023022WL_Warning%20Letter_02102023_(22-234516)_text.pdf\n\n42023022WL_Warning Letter_02102023_(22-234516)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL\nFebruary 10, 2023\nMr. Robert Sutherland\nSr. Vice President Operations\nCapturepoint LLC\n12012 Wickchester Lane\nHouston, TX 77079\nCPF 4-2023-022-WL\nDear Mr. Sutherland,\nFrom May 23 through May 27, 2022, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\ninspected Capturepoint LLC’s (Capturepoint) Panhandle and Coffeyville Pipelines in Kansas,\nOklahoma, and Texas.\nAs a result of the inspection, it is alleged that you have 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. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline\nfacility with a controller working in a control room who monitors and\ncontrols all or part of a pipeline facility through a SCADA system. Each\noperator must have and follow written control room management\nprocedures that implement the requirements of this section. The\nprocedures required by this section must be integrated, as appropriate,\nwith the operator's written procedures required by § 195.402. An\noperator must develop the procedures no later than August 1, 2011, and\nmust implement the procedures according to the following schedule.\nThe procedures required by paragraphs (b), (c)(5), (d)(2) and (d)(3), (f)\nand (g) of this section must be implemented no later than October 1,\n2011. The procedures required by paragraphs (c)(1) through (4), (d)(1),\n(d)(4), and (e) must be implemented no later than August 1, 2012. The\ntraining procedures required by paragraph (h) must be implemented\nno later than August 1, 2012, except that any training required by\nanother paragraph of this section must be implemented no later than\nthe deadline for that paragraph.\n\n\n\nCapturepoint failed to have a control room management plan in accordance with § 195.446(a).\nSpecifically, Capturepoint failed to demonstrate that it had and followed a written control room\nmanagement program (CRM) for its carbon dioxide (CO2) pipelines.\nAfter the inspection, Capturepoint informed PHMSA that it is developing a CRM program for its\nCO2 pipelines.\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 items identified in this letter. Failure to do so may result in ETC\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2023-022-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","truncated":false,"body_characters":5368}