{"operation":"document","citation":"CPF 520131010W","title":"WBI ENERGY TRANSMISSION, INC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-08-09","effective_on":null,"summary":"CLOSED warning letter citing 192.625(f).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131010w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131010w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520131010w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520131010W","body":"Warning Letter involving WBI ENERGY TRANSMISSION, INC.. PHMSA's enforcement data identifies the cited regulation as 192.625(f). The case was opened on 2013-08-09 and is reported as closed as of 2013-08-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520131010W_warning letter_08092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131010W/520131010W_warning%20letter_08092013.pdf\n\n520131010W_warning letter_08092013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520131010W/520131010W_warning%20letter_08092013_text.pdf\n\n520131010W_warning letter_08092013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 9, 2013\nMr. Tony Finneman\nVice President of Operations\nWBI Energy Transmission, Inc.\n1250 W. Century Avenue\nBismarck, ND 58503\nCPF 5-2013-1010W\nDear Mr. Finneman:\nOn September 10-14, 2012, and November 5-8, 2012, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code, conducted a field inspection of your Worland District in Wyoming.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §192.625 Odorization of gas.\n(f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable.\nPer §192.625(f), an operator shall conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor becomes readily\ndetectable. At the time of inspection, it was noted that WBI Energy Transmission, Inc. (WBI)\nodorizes 100% of the system, however, WBI did not conduct sufficient testing to verify the\nappropriate odor level at all locations in their pipeline. In addition, WBI did not follow their\nprocedures to conduct periodic sampling of combustible gases at several locations of the pipeline\n\n\n\nsystem, i.e. the sampling was not performed from 2009 until the time of inspection by PHMSA\nfor Buffalo station. Meanwhile, if WBI relies on the downstream Local Distribution Company,\nMDU (a sister company), to monitor odor intensity at several locations in their pipeline then WBI\nneeds to obtain the inspection records to ensure that they are in compliance with §192.625(f).\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations 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 correct the item(s) identified in this letter.\nFailure to do so will result in WBI Energy Transmission, Inc. being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2013-1010W. 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,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 K. Nguyen (#139783)","truncated":false,"body_characters":4185}