{"operation":"document","citation":"CPF 42024048NOPV","title":"TARGA RESOURCES OPERATING LLC — Notice of Probable Violation","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 probable violation citing 195.402(a), 195.402(d)(5), 195.446(c)(3), 195.452(i)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024048nopv.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024048nopv.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42024048nopv","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42024048NOPV","body":"Notice of Probable Violation involving TARGA RESOURCES OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(d)(5),  195.446(c)(3),  195.452(i)(4). The case was opened on 2024-10-22 and is reported as closed as of 2025-07-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42024048NOPV_Closure Letter_07102025_(23-264726).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024048NOPV/42024048NOPV_Closure%20Letter_07102025_(23-264726).pdf\n\n42024048NOPV_Closure Letter_07102025_(23-264726)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024048NOPV/42024048NOPV_Closure%20Letter_07102025_(23-264726)_text.pdf\n\n42024048NOPV_Final Order_07012025_(23-264726).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024048NOPV/42024048NOPV_Final%20Order_07012025_(23-264726).pdf\n\n42024048NOPV_Final Order_07012025_(23-264726)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024048NOPV/42024048NOPV_Final%20Order_07012025_(23-264726)_text.pdf\n\n42024048NOPV_Operator Response to Notice_11182024_(23-264726).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024048NOPV/42024048NOPV_Operator%20Response%20to%20Notice_11182024_(23-264726).pdf\n\n42024048NOPV_PCO_10222024_(23-264726).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024048NOPV/42024048NOPV_PCO_10222024_(23-264726).pdf\n\n42024048NOPV_PCO_10222024_(23-264726)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42024048NOPV/42024048NOPV_PCO_10222024_(23-264726)_text.pdf\n\n42024048NOPV_Final Order_07012025_(23-264726)_text.pdf\n\nJuly 1, 2025\nVIA ELECTRONIC MAIL TO: mmeloy@targaresources.com\nMatthew Meloy\nChief Executive Officer\nTarga Resources Operating, LLC\n811 Louisiana Street\nSuite 2100\nHouston, TX 77002\nRe: CPF No. 4-2024-048-NOPV\nDear Mr. Meloy:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and specifies actions that need to be taken to comply with the pipeline safety\nregulations. When the terms of the compliance order are completed, as determined by the\nDirector, Southwest Region, this enforcement action will be closed. Service of the Final Order\nby e-mail is effective upon the date of transmission and acknowledgement of receipt as provided\nunder 49 CFR § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nLinda Daugherty\nActing Associate Administrator\nfor Pipeline Safety\nEnclosures (Final Order and NOPV)\n\n\n\ncc: Bryan Lethcoe, Director, Southwest Region, Office of Pipeline Safety, PHMSA\nGerald R. Shrader, Executive Vice President, General Counsel and Secretary, Targa\nResources Corp., jshrader@targaresources.com\nGregg Johnson, Director of Pipeline Compliance, Targa Resources Corp.,\ngjohnson@targaresources.com\nJohn Laeger, Vice President of Senior G&P Operations, Targa Resources Corp.,\njlaeger@targaresources.com\nJulie Pabon, Senior Counsel, Targa Resources Corp., jpabon@targaresources.com\nCONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nTarga Resources Operating, LLC ) CPF No. 4-2024-048-NOPV\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn October 22, 2024 pursuant to 49 CFR § 190.207, the Director, Southwest Region, Office of\nPipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Targa Resources\nOperating, LLC (Respondent). The Notice proposed finding that Respondent had violated the\npipeline safety regulations in 49 CFR Part 195. The Notice also proposed certain measures to\ncorrect the violations. Respondent did not contest the allegations of violation or corrective\nmeasures.\nBased upon a review of all the evidence, pursuant to § 190.213, I find Respondent violated the\npipeline safety regulation listed below, as more fully described in the enclosed Notice, which is\nincorporated by reference:\n49 CFR § 195.452(a)(i)(4) (Item 3) ─ Respondent failed to conduct an\nEmergency Flow Restricting Device (EFRD) analysis to determine if an EFRD is\nneeded on a pipeline segment that is located in, or which could affect, a high-\nconsequence area in the event of a hazardous liquid pipeline release.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCompliance Actions\nPursuant to 49 U.S.C. § 60118(b) and 49 CFR § 190.217, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the violation. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof the ordered actions, Respondent may request that the Director close the case. Failure to\ncomply with this Order may result in the assessment of civil penalties under 49 CFR § 190.223\nor in referral to the Attorney General for appropriate relief in a district court of the United States.\n\n\n\nWarning Items\nWith respect to Items 1 and 2, the Notice alleged probable violations of 49 CFR §§\n195.402(d)(5) and 195.446(c)(3), respectively, but did not propose a civil penalty or compliance\norder for these items. Therefore, these are considered warning items. If OPS finds a violation of\nany of these items in a subsequent inspection, Respondent may be subject to future\nenforcement action.\nThe terms and conditions of this order are effective upon service in accordance with 49 CFR\n§ 190.5.\n___________________________________ _________________________\nLinda Daugherty Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nNOTICE OF PROBABLE VIOLATION\nAND\nPROPOSED COMPLIANCE ORDER\nVIA ELECTRONIC MAIL TO: cwhite@targaresources.com\nOctober 22, 2024\nClark White\nExecutive Vice President\nTarga Resources Operating, LLC\n811 Louisiana, Suite 2100\nHouston, Texas 77002\nCPF 4-2024-048-NOPV\nDear Mr. Clark:\nFrom February 27 to August 23, 2023, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.) inspected Targa Resources Operating, LLC’s (Targa) crude oil\ngathering system on the Fort Berthold Reservation in North Dakota.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each\npipeline system a manual of written procedures for conducting normal\noperations and maintenance activities and handling abnormal\noperations and emergencies. This manual shall be reviewed at intervals\nnot exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is\neffective. This manual shall be prepared before initial operations of a\npipeline system commence, and appropriate parts shall be kept at\nlocations where operations and maintenance activities are conducted.\n\n\n\n(b) . . . .\n(d) Abnormal operation. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety\nwhen operating design limits have been exceeded:\n(1) . . . .\n(5) Periodically reviewing the response of operator personnel to\ndetermine the effectiveness of the procedures controlling abnormal\noperation and taking corrective action where deficiencies are found.\nTarga failed to periodically review the response of operator personnel to determine the\neffectiveness of the procedures controlling abnormal operations and taking corrective action where\ndeficiencies were found in accordance with § 195.402(a) and its procedures, Targa Hazardous\nLiquids OM&E – Abnormal Operations (Rev. 12/26/2007). Specifically, Targa failed to provide\nrecords demonstrating that the effectiveness reviews required by § 195.402(d)(5) occurred and that\ncorrective actions were taken where deficiencies were found.\n2. § 195.446 Control Room Management\n(a) . . . .\n(c) Provide adequate information. Each operator must provide its\ncontrollers with the information, tools, processes and procedures\nnecessary for the controllers to carry out the roles and responsibilities\nthe operator has defined by performing each of the following:\n(1) . . . .\n(3) Test and verify an internal communication plan to provide\nadequate means for manual operation of the pipeline safely, at least\nonce each calendar year, but at intervals not to exceed 15 months;\nTarga failed to test and verify an internal communication plan to provide adequate means for\nmanual operation of the pipeline safely, at least once each calendar year, but at intervals not to\nexceed 15 months in accordance with § 195.446(c)(3) and Targa’s Control Room Management\nPlan, Badlands Pipeline Control Center Internal Communication Plan (08/15/23; Rev. 2.0),\nsection 1. Specifically, Targa failed to provide records demonstrating that a test of the internal\ncommunication plan occurred in 2017, 2018, 2019, 2021, and 2022.\n3. § 195.452 Pipeline integrity management in high consequence areas.\n(a) . . . .\n(i) What preventive and mitigative measures must an operator take to\nprotect the high consequence area?\n(1) . . . .\n(4) Emergency Flow Restricting Devices (EFRD). If an operator\ndetermines that an EFRD is needed on a pipeline segment that is\nlocated in, or which could affect, a high-consequence area (HCA) in the\nevent of a hazardous liquid pipeline release, an operator must install\nthe EFRD. In making this determination, an operator must, at least,\n\n\n\nevaluate the following factors - the swiftness of leak detection and\npipeline shutdown capabilities, the type of commodity carried, the rate\nof potential leakage, the volume that can be released, topography or\npipeline profile, the potential for ignition, proximity to power sources,\nlocation of nearest response personnel, specific terrain within the HCA\nor between the pipeline segment and the HCA it could affect, and\nbenefits expected by reducing the spill size. An RMV installed under\nthis paragraph (i)(4) must meet all of the other applicable requirements\nin this part, provided that the requirement of this sentence does not\napply to gathering lines.\nTarga failed to conduct an Emergency Flow Restricting Device (EFRD) analysis to determine if\nan EFRD is needed on a pipeline segment that is located in, or which could affect, a high-\nconsequence area (HCA) in the event of a hazardous liquid pipeline release in accordance with §\n195.452(i)(4). Specifically, Targa failed to update its existing EFRD analysis or conduct a new\nanalysis after Targa converted an 8-inch gas gathering line that affected an HCA into a regulated\nhazardous liquid gathering pipeline.\nOn May 7, 2019, Targa notified PHMSA of a project to convert an 8-inch gas gathering pipeline\ninto a regulated hazardous liquid gathering pipeline. According to a document provided by Targa,\n“SAC – Roberts Trust to Johnson’s High Pressure Line Conversion Project” (Rev. A; June 4,\n2019), the converted hazardous liquid gathering pipeline includes segments that are located in or\ncould affect an HCA.\nTarga provided its EFRD analysis, “Badlands Crude Oil Pipeline System Leak Detection and\nEFRD Analysis” (2018). However, Targa failed to include the 8-inch converted hazardous liquid\ngathering line in this analysis, or conduct a new analysis.\nTherefore, Targa failed to conduct an EFRD analysis to determine if an EFRD is needed on a\npipeline segment that is located in, or which could affect, an HCA in the event of a hazardous\nliquid pipeline release in accordance with § 195.452(i)(4).\nProposed Civil Penalty\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$266,015 per violation per day the violation persists, up to a maximum of $2,660,135 for a related\nseries of violations. For violation occurring on or after January 6, 2023 and before December 28,\n2023, the maximum penalty may not exceed $257,664 per violation per day the violation persists,\nup to a maximum of $2,576,627 for a related series of violations. For violation occurring on or\nafter March 21, 2022 and before January 6, 2023, the maximum penalty may not exceed $239,142\nper violation per day the violation persists, up to a maximum of $2,391,412 for a related series of\nviolations. For violation occurring on or after May 3, 2021 and before March 21, 2022, the\nmaximum penalty may not exceed $225,134 per violation per day the violation persists, up to a\nmaximum of $2,251,334 for a related series of violations. For violation occurring on or after\nJanuary 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per\n\n\n\nviolation per day the violation persists, up to a maximum of $2,225,034 for a related series of\nviolations. For violation 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 violation occurring on or after\nNovember 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per\nviolation per day, with a maximum penalty not to exceed $2,132,679.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to propose a civil penalty assessment at this time.\nProposed Compliance Order\nWith respect to Item 3 pursuant to 49 U.S.C. § 60118, the Pipeline and Hazardous Materials Safety\nAdministration proposes to issue a Compliance Order to Targa Resources Operating LLC. Please\nrefer to the Proposed Compliance Order, which is enclosed and made a part of this Notice.\nWarning Items\nWith respect to Items 1 and 2 we have reviewed the circumstances and supporting documents\ninvolved in this case and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to promptly correct these items. Failure to\ndo so may result in additional enforcement action.\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nEnforcement Proceedings. Please refer to this document and note the response options. All\nmaterial you submit in response to this enforcement action may be 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 under\n5 U.S.C. § 552(b).\nFollowing your receipt of this Notice, you have 30 days to respond as described in the enclosed\nResponse Options. If you do not respond within 30 days of receipt of this Notice, this constitutes\na waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to\nyou and to issue a Final Order. If you are responding to this Notice, we propose that you submit\nyour correspondence to my office within 30 days from receipt of this Notice. The Region Director\nmay extend the period for responding upon a written request timely submitted demonstrating good\ncause for an extension.\nIn your correspondence on this matter, please refer to CPF 4-2024-048-NOPV and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\n\n\n\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Proposed Compliance Order\nResponse Options for Pipeline Operators in Enforcement Proceedings\ncc: Gregg Johnson, Director of Pipeline Compliance, gjohnson@targaresources.com\nAlfred Garcia, Manager Pipeline Compliance, Alfred.garcia@targaresources.com\n\n\n\nPROPOSED COMPLIANCE ORDER\nPursuant to 49 United States Code § 60118, the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) proposes to issue to Targa Resources Operating LLC (Targa), a\nCompliance Order incorporating the following remedial requirements to ensure the compliance of\nTarga with the pipeline safety regulations:\nA. B. In regard to Item 3 of the Notice pertaining to Targa’s failure to conduct an\nEmergency Flow Restricting Devices (EFRD) analysis to determine if an EFRD is\nneeded on a pipeline segment that is located in, or which could affect, an HCA in\nthe event of a hazardous liquid pipeline release, Targa must conduct an EFRD\nanalysis that considers all pipelines that could affect an HCA, including the 8-inch\nconverted hazardous liquid gathering pipeline and provide the analysis to the\nDirector, Southwest Region, PHMSA within 60 days of receipt of the Final Order.\nIt is requested (not mandated) that Targa maintain documentation of the safety\nimprovement costs associated with fulfilling this Compliance Order and submit the\ntotal to Bryan Lethcoe, Director, Southwest Region, Pipeline and Hazardous\nMaterials Safety Administration. It is requested that these costs be reported in two\ncategories: 1) total cost associated with preparation/revision of plans, procedures,\nstudies and analyses, and 2) total cost associated with replacements, additions and\nother changes to pipeline infrastructure.\n\n42024048NOPV_Closure Letter_07102025_(23-264726)_text.pdf\n\nVIA ELECTRONIC MAIL TO: mmeloy@targaresources.com\nJuly 10, 2025\nMatthew Meloy\nChief Executive Officer\nTarga Resources Operating, LLC\n811 Louisiana Street\nSuite 2100\nHouston, TX 77002\nRE: CPF 4-2024-048-NOPV\nDear Mr. Meloy:\nOn July 1, 2025, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued to\nTarga Resources Operating, LLC’s (Targa) a Final Order. Based on our review of the\ndocumentation you provided, it has been determined that you have complied with the terms of this\nOrder.\nAccordingly, this case is now closed and no further action is necessary with respect to the matters\ninvolved in this case. Thank you for your cooperation in this matter.\nSincerely,\nBryan Lethcoe\nDirector, Southwest Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: Gregg Johnson, Director of Pipeline Compliance, Targa Resources Operating, LLC,\ngjohnson@targaresources.com\nAlfred Garcia, Manager Pipeline Compliance, Targa Resources Operating, LLC,\nalfred.garcia@targaresources.com\nJulie Pabon, Senior Counsel, Targa Resources Operating, LLC,\njpabon@targaresources.com\nJohn Laeger, Senior VP G&P Operations, Targa Resources Operating, LLC,\njlaeger@targaresources.com","truncated":false,"body_characters":19032}