# AMERIGAS EAGLE PROPANE LP — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 520070022
- **title:** AMERIGAS EAGLE PROPANE LP — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2007-10-19
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 191.1, 192.603(b), 192.614.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-520070022.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-520070022.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-520070022
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/520070022
**body:**

Notice of Probable Violation involving AMERIGAS EAGLE PROPANE LP. PHMSA's enforcement data identifies the cited regulations as 191.1,  192.603(b),  192.614. The case was opened on 2007-10-19 and is reported as closed as of 2010-12-20. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

520070022_FinalOrder_12202010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520070022/520070022_FinalOrder_12202010.pdf

520070022_FinalOrder_12202010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520070022/520070022_FinalOrder_12202010_text.pdf

520070022_NOPV PCO letter_10192007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520070022/520070022_NOPV%20PCO%20letter_10192007.pdf

520070022_nopv pco letter_10192007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520070022/520070022_nopv%20pco%20letter_10192007_text.pdf

520070022_operator response to notice_11162007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520070022/520070022_operator%20response%20to%20notice_11162007.pdf

520070022_FinalOrder_12202010_text.pdf

DEC 20 2010
Mr. Ron Templeman
General Manager
Amerigas Eagle Propane, L.P.
91-280 Hanua Street
Kapolei, HI 96707-1783
Re: CPF No. 5-2007-0022
Dear Mr. Templeman:
Enclosed please find the Final Order issued in the above-referenced case. It withdraws one of
the allegations of violation, makes two findings of violation, and finds that Amerigas Eagle
Propane, L.P., has completed the actions specified in the Notice to comply with the pipeline
safety regulations. Therefore, this case is now closed. Service of the Final Order by certified
mail is deemed effective upon the date of mailing, or as otherwise provided under 49 C.F.R.
§ 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Jeffrey D. Wiese
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. Chris Hoidal, Director, Western Region, PHMSA
CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 1160 0001 0041 0794]



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
____________________________________
In the Matter of )
Amerigas Eagle Propane, L.P., ) CPF No. 5-2007-0022
)
)
)
Respondent. )
____________________________________)
FINAL ORDER
On November 13, 2006, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and
Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),
conducted an on-site pipeline safety inspection of the facilities and records of Amerigas Eagle
Propane, L.P. (Amerigas or Respondent), in Kapolei, Hawaii. Amerigas operates propane
distribution systems on the island of Oahu.
systems at shopping centers on Oahu.
1 OPS’s inspection included a visit to three of those
As a result of the inspection, the Director, Western Region, OPS (Director), issued to
Respondent, by letter dated October 19, 2007, a Notice of Probable Violation and Proposed
Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed
finding that Amerigas had committed three violations of 49 C.F.R. Parts 191 and 192 and
proposed ordering Respondent to take certain measures to correct the alleged violations.
Amerigas responded to the Notice by letter dated November 16, 2007 (Response). The company
contested the allegations and offered additional information in response to the Notice.
Respondent did not request a hearing and therefore has waived its right to one.
FINDINGS OF VIOLATION
The Notice alleged that Respondent violated 49 C.F.R. Parts 191 and 192, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 191.1, which states in relevant
part:
1 Amerigas affiliates operate propane distribution systems on the islands of Maui and Hawaii.



2
§ 191.1 Scope.
(a) This part prescribes requirements for the reporting of incidents,
safety-related conditions, and annual pipeline summary data by operators
of gas pipeline facilities located in the United States or Puerto Rico,
including pipelines within the limits of the Outer Continental Shelf as that
term is defined in the Outer Continental Shelf Lands Act (43 U.S.C.
1331).
The Notice alleged that Amerigas had never submitted an annual report and had no operations
and maintenance manual.
In its Response, Amerigas objected to the allegation of violation and stated that:
1) It operates a limited number of propane distribution systems in Hawaii that are subject to
PHMSA’s jurisdiction, but that “none of those systems services 100 customers or more
from a single source.”
2) Section 191.1 “is simply a description of scope, and it does not contain any specific
requirements.”
3) The OPS inspector did not request any documentation of compliance with the Part 191
reporting requirements.
4) The company had an operations and maintenance manual available at the time of the
inspection.
Per § 191.11(b), “The annual report required by this section need not be submitted with respect
to . . . petroleum gas systems which serve fewer than 100 customers from a single source.”
Amerigas stated that it is an operator of a petroleum gas system which serves fewer than 100
customers from a single source, and OPS has provided no evidence to the contrary. In the
absence of such evidence, I cannot conclude that Amerigas is subject to the reporting
requirements of § 191.11.
Further, as Amerigas stated, § 191.1 does not contain any specific requirements; rather, it
describes, in broad terms, the scope of Part 191. Accordingly, the substance of the allegations in
the Notice does not correspond to the regulation cited, and I cannot find that Respondent violated
§ 191.1.
Based on the foregoing, I order that Item 1 be withdrawn.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. §§ 192.603§ 192.605, which
states in relevant part:
§ 192.603 General Provisons.
(a) . . . .
(b) Each operator shall keep records necessary to administer the
procedures established under § 192.605.
(c) . . . .



3
§ 192.605 Procedural manual for operations, maintenance, and
emergencies.
(a) General. Each operator shall prepare and follow for each pipeline,
a manual of written procedures for conducting operations and maintenance
activities and for emergency response. . . .
(b) Maintenance and normal operations. The manual required by
paragraph (a) of this section must include procedures for the following, if
applicable, to provide safety during maintenance and operations. . . .
(1) . . . .
(d) Safety-related condition reports. The manual required by
paragraph (a) of this section must include instructions enabling personnel
who perform operation and maintenance activities to recognize conditions
that potentially may be safety-related conditions that are subject to the
reporting requirements of § 191.23 of this subchapter.
(e) Surveillanace, emergency respondse, and accident investigation. The
procedures required by §§ 192.613(a), 192.615, and 192.617 must be
included in the manual required by paragraph (a) of this section.
In particular, the Notice alleged that Respondent violated 49 C.F.R §§ 192.603(b) and
192.605(a)-(b) and (d)-(e) by failing to develop an adequate manual of operations and
maintenance procedures for its propane distribution systems and to keep the records necessary to
administer those procedures. Amerigas provided a copy of its operations and maintenance
manual with its Response and stated that the alleged violation lacked merit.
The operations and maintenance manual submitted by Respondent bears an effective date of
October 10, 2007, almost 11 months after the OPS inspection. That manual also replaced the
version that had been in effect since June 1, 1998, thereby indicating that it had not been revised
for more than eight years at the time of the OPS inspection. In addition, Respondent has not
introduced any records necessary for the proper administration of the procedures in its manual,
and an Amerigas employee told the OPS inspector “that [the] records necessary for compliance
with [its] written procedures . . . ha[d] never existed.”2
Accordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.
§§ 192.603(b) and 192.695(a)-(b) and (d)-(e) by failing to develop an adequate manual of
operations and maintenance procedures for its propane distribution systems and to keep the
records necessary to administer those procedures.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 192.614, which states in
relevant part:
§ 192.614 Damage prevention program.
(a) Except as provided in paragraphs (d) and (e) of this section, each
operator of a buried pipeline must carry out, in accordance with this
section, a written program to prevent damage to that pipeline from
excavation activities. . . .
2 OPS Violation Report at 4.



4
The Notice alleged that Respondent violated 49 C.F.R. § 192.614 by failing to carry out a
damage prevention program, as demonstrated by the absence of any records. In its Response,
Amerigas stated that the OPS inspector did not request any records related to its damage
prevention program, and that it had procedures for carrying out that program in its operations and
maintenance manual. Respondent submitted its O&M manual with its Response, and stated that
Section 5.3, entitled Damage Prevention Program, demonstrated its compliance with § 192.614.
The O&M manual that Respondent submitted contains markings on each page indicating an
effective date of October 10, 2007. These markings also indicate that this version of the O&M
manual replaced a version dated June 1, 1998. The effective date of the O&M manual was
nearly a year after the date of the inspection. Although this version of the manual is probative
for the purposes of determining whether Respondent satisfied the terms of the compliance order,
it does not provide evidence that Respondent had an adequate damage prevention program at the
time of the inspection. Thus, Respondent provided no evidence that it had a damage prevention
program in place at the time of the inspection.
Accordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.
§ 192.614(a) by failing to carry out a damage prevention program.
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 1, 2, and 3 in the Notice for
violations of 49 C.F.R. §§ 191.1, 192.605, and 192.614, respectively. Under 49 U.S.C.
§ 60118(a), each person who engages in the transportation of gas or who owns or operates a
pipeline facility is required to comply with the applicable safety standards established under
chapter 601.
Because I ordered that Items 1 and 2 be withdrawn, the compliance terms proposed in the Notice
as to those Items are not included in this Order.
The Director indicates that Respondent has taken the following actions specified in the proposed
compliance order:
1. With respect to the violation of §§ 192.603(b) and 192.695(a)-(b) and (d)-(e)
(Item 2), a December 2008 OPS inspection confirmed that Respondent has developed
a sufficient manual of operations and maintenance procedures for its propane
distribution systems and for keeping the records necessary to administer those
procedures.
2. With respect to the violation of §192.614 (Item 3), Respondent has submitted a
written damage prevention.



5
Accordingly, I find that compliance has been achieved with respect to these violations.
Therefore, the compliance terms proposed in the Notice for Item 2 and 3 are not included in this
Order.
Under 49 C.F.R. § 190.215, Respondent has a right to submit a Petition for Reconsideration of
this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline
Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC
20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA
will accept a petition received no later than 20 days after receipt of this Final Order by the
Respondent, provided it contains a brief statement of the issue(s) and meets all other
requirements of 49 C.F.R. § 190.215. Unless the Associate Administrator, upon request, grants a
stay, the terms and conditions of this Final Order are effective upon service in accordance with
49 C.F.R. § 190.5.
___________________________________ __________________________
Jeffrey D. Wiese Date Issued
Associate Administrator
for Pipeline Safety

520070022_nopv pco letter_10192007_text.pdf

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NOTICE OF PROBABLE VIOLATION
and
PROPOSED COMPLIANCE ORDER
CERTIFIED MAIL - RETURN RECEIPT RE UESTED
October 19, 2007
Mr. Ron Templeman, P. E.
Amerigas Propane
91 — 290 Hanua Street
Kapolei, HI 96707-1783
CPF 5-2007-0022
Dear Mr. Templeman:
On November 13, 2006, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your
distribution facilities in Kapolei, Hawaii.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the
probable violations are:
$191. 1 Scope
(a) This part prescribes requirements for the reporting of incidents, safety-related
conditions, and annual pipeline summary data by operators of gas pipeline facilities
located in the United States or Puerto Rico, including pipelines within the limits of
the Outer Continental Shelf as that term is defined in the Outer Continental Shelf
Lands Act t43 U. S. C. 1331].



Records were unavailable at the time of the inspection to substantiate compliance with
this section. Amerigas has never submitted an Annual Report, and acknowledged that
Operation and Maintenance procedures have never been initiated.
$192. 605 Procedural manual for operations, maintenance, and emergencies
Each operator shall include the following in its operating and maintenance plan:
(a) General. Each operator shall prepare and follow for each pipeline, a manual
of written procedures for conducting operations and maintenance activities and for
emergency response. For transmission lines, the manual must also include
procedures for handling abnormal operations. This manual must be reviewed and
updated by the operator at intervals not exceeding 15 months, but at least one each
calendar year. This manual must be prepared before operations of a pipeline
system commence. Appropriate parts of the manual must be kept at locations
where operations and maintenance activities are conducted.
(b) Maintenance and normal operations. The manual required by paragraph (a)
of this section must include procedures for the following, if applicable, to provide
safety during maintenance and operations.
(1) Operating, maintaining, and repairing the pipeline in accordance with each of
the requirements of this subpart and Subpart M of this part.
(2) Controlling corrosion in accordance with the operations and maintenance
requirements of Subpart I of this part.
(3) Making construction records, maps, and operating history available to
appropriate operating personnel.
(4) Gathering of data needed for reporting incidents under Part 191 of this chapter
in a timely and effective manner.
(5) Starting up and shutting down any part of the pipeline in a manner designed to
assure operation within the MAOP limits prescribed by this part, plus the build-up
allowed for operation of pressure-limiting and control devices.
(6) Maintaining compressor stations, including provisions for isolating units or
sections of pipe and for purging before returning to service.
(7) Starting, operating and shutting down gas compressor units.
(8) Periodically reviewing the work done by operator personnel to determine the
effectiveness and adequacy of the procedures used in normal operation and
maintenance and modifying the procedure when deficiencies are found.
(9) Taking adequate precautions in excavated trenches to protect personnel from
the hazards of unsafe accumulations of vapor or gas, and making available when
needed at the excavation, emergency rescue equipment, including a breathing
apparatus and, a rescue harness and line.
(10) Systematic and routine testing and inspection of pipe-type or bottle-type
holders including-
(i) Provision for detecting external corrosion before the strength of the container
has been impaired;



(ii) Periodic sampling and testing of gas in storage to determine the dew point of
vapors contained in the stored gas which, if condensed, might cause internal
corrosion or interfere with the safe operation of the storage plant; and,
(iii) Periodic inspection and testing of pressure limiting equipment to determine
that it is in safe operating condition and has adequate capacity.
(11) Responding promptly to a report of a gas odor inside or near a building,
unless the operator's emergency procedures under $192. 615(a)(3) specifically apply
to these reports.
(c) Safety-related condition reports. The manual required by paragraph (a) of this
section must include instructions enabling personnel who perform operation and
maintenance activities to recognize conditions that potentially may be safety-related
conditions that are subject to the reporting requirements of $191. 23 of this
subchapter.
(d) Surveillance, emergency response, and accident investigation. The procedures
required by $/192. 613(a), 192. 615, and 192. 617 must be included in the manual
required by paragraph (a) of this section.
When Operation and Mamtenance procedures are developed in accordance with
$192. 603, Amerigas must maintain records to admmister these procedures for operation
of its pipeline system.
3. $192. 614 Damage prevention program
(a) Except for pipelines listed in paragraphs (d) and (e) of this section, each
operator of a buried pipeline shall carry out in accordance with this section a
written program to prevent damage to that pipeline by excavation activities. For
the purpose of this section, "excavation activities" include excavation, blasting,
boring, tunneling, backfilling, the removal of above ground structures by either
explosive or mechanical means, and other earth moving operations. An operator
may perform any of the duties required by paragraph (b) of this section through
participation in a public service program, such as a "one-call" system, but such
participation does not relieve the operator of responsibility for compliance with this
section.
(b) An operator may comply with any of the requirements of paragraph (c) of this
section through participation in a public service program, such as a one-call
system, but such participation does not relieve the operator of responsibility for
compliance with this section. However, an operator must perform the duties of
paragraph (c)(3) of this section through participation in a one-call system, if that
one-call system is a qualified one-call system. In areas that are covered by more
than one qualified one-call system, an operator need only join one of the qualified
one-call systems if there is a central telephone number for excavators to call for
excavation activities, or if the one-call systems in those areas communicate with one
another. An operator's pipeline system must be covered by a qualified one-call
system where there is one in place. For the purpose of this section, a one-call system



is considered a "qualified one-call system" if it meets the requirements of section
(b)(1) or (b)(2) of this section.
(1) The state has adopted a one-call damage prevention program under Sec. 198. 37
of this chapter; or
(2) The one-call system:
(i) Is operated in accordance with Sec. 198. 39 of this chapter;
(ii) Provides a pipeline operator an opportunity similar to a voluntary participant
to have a part in management responsibilities;
And
(iii) Assesses a participating pipeline operator a fee that is proportionate to the
costs of the one-call system's coverage of the operator's pipeline.
(c) The damage prevention program required by paragraph (a) of this section
must, at a minimum:
(1) Include the identity, on a current basis, of persons who normally engage in
excavation activities in the area in which the pipeline is located.
(2) Provides for notification of the public in the vicinity of the pipeline and actual
notification of the persons identified in paragraph (c)(1) of this section of the
following as often as needed to make them aware of the damage prevention
program:
(i) The program's existence and purpose; and
(ii) How to learn the location of underground pipelines before excavation activities
are begun.
(3) Provide a means of receiving and recording notification of planned excavation
activities.
(4) If the operator has buried pipelines in the area of excavation activity, provide
for actual notification of persons who give notice of their intent to excavate of the
type of temporary marking to be provided and how to identify the markings.
(5) Provide for temporary marking of buried pipelines in the area of excavation
activity before, as far as practical, the activity begins.
(6) Provide as follows for inspection of pipelines that an operator has reason to
believe could be damaged by excavation activities:
(i) The inspection must be done as frequently as necessary during and after the
activities to verify the integrity of the pipeline; and
(ii) In the case of blasting, any inspection must include leakage surveys
(d) A damage prevention program under this section is not required for the
following pipelines:
(1) Pipelines located offshore.
(2) Pipelines, other than those located offshore, in Class 1 or 2 locations until
September 20, 1995.
(3) Pipelines to which access is physically controlled by the operator.
(e) Pipelines operated by persons other than municipalities (including operators of
master meters) whose primary activity does not include the transportation of gas
need not comply with the following:
(1) The requirement of paragraph (a) of this section that the damage prevention
program be written; and



(2) The requirements of paragraphs (c)(1) and (c)(2) of this section.
Records were unavailable at the time of the inspection to substantiate that a program was
in place to prevent damage to its pipelines as a result of excavation.
Pro osed Com liance Order
Pursuant to 49 United States Code ( 60118, the Pipehne and Hazardous Materials Safety
Administration proposes to issue a Compliance Order to Amerigas. Please refer to the Proposed
Comphance Order that is enclosed and made a part of this Notice.
Res onse to this Notice
Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators
in Comphance Proceedings. Please refer to this document and note the response options. Be
advised that all material you submit in response to this enforcement action is subject to being
made publicly available. If you beheve that any portion of your responsive material qualifies
for confidential treatment under 5 U. S. C. 552(b), along with the complete original document
you must provide a second copy of the document with the portions you believe qualify for
confidential treatment redacted and an explanation of why you believe the redacted information
quahfies for confidential treatment under 5 U. S. C. 552(b). If you do not respond within 30 days
of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this
Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in
this Notice without further notice to you and to issue a Final Order.
In your correspondence on this matter, please refer to CPF 5-2007-0022 and for each document
you submit, please provide a copy m electronic format whenever possible.
Sincerel,
Chris Hoidal
Director, Western Region
Pipeline and Hazardous Materials Safety Administration
Enclosures: Proposed Comphance Order
Response Options for Pipeline Operators in Comphance Proceedings
cc: PHP-60 Comphance Registry
PHP-500 J. Kenerson (¹116801)



PROPOSED COMPLIANCE ORDER
Pursuant to 49 United States Code ) 60118, the Pipehne and Hazardous Materials Safety
Administration (PHMSA) proposes to issue to Amerigas Propane a Compliance Order
incorporating the following remedial requirements to ensure the compliance of Amerigas
Propane with the pipeline safety regulations:
In regard to Item Number 1 of the Notice pertaining to establishing procedures for
reporting incidents, safety-related conditions, and annual pipeline summary data by
operators of gas pipeline facilities, Amerigas must prepare, submit, and follow a written
procedure.
In regard to Item Number 2 of the Notice pertaining to the requirement to keep records
that administer its procedures, prepare a manual of written procedures for conducting
operations and maintenance activities and for emergency response, reporting incidents
under Part 191, as well as all other requirements under $192. 605 applicable to
Amerigas's operation, Amerigas must submit and follow written procedures to fill the
requirements for conducting operations and maintenance activities and for emergency
response, reporting incidents under Part 192, as well as all other requirements under
192. 605 applicable to Amerigas's operation.
In regard to Item Number 3 of the Notice pertaining to establishment of a damage
prevention program, Amerigas must submit a written program to prevent damage tg its
pipeline by excavation activities.
Amerigas Propane shall maintain documentation of the safety improvement costs
associated with fulfilling this comphance Order and submit the total to Chris Hoidal,
Director, Western Region, Pipeline and Hazardous Materials Safety Administration.
Costs shall be reported in two categories: 1) total cost associated with
preparation/revision of plans, procedures, studies and analyses, and 2) total cost
associated with replacements, additions and other changes to pipeline infrastructure.
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