{"operation":"document","citation":"CPF 520160012W","title":"AMERIGAS PROPANE LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-08-18","effective_on":null,"summary":"CLOSED warning letter citing 192.11(a), 192.11(b), 192.455(a), 192.479(a), 192.513(c), 192.807.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520160012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520160012W","body":"Warning Letter involving AMERIGAS PROPANE LP. PHMSA's enforcement data identifies the cited regulations as 192.11(a),  192.11(b),  192.455(a),  192.479(a),  192.513(c),  192.807. The case was opened on 2016-08-18 and is reported as closed as of 2016-08-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520160012W_Warning Letter_08182016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160012W/520160012W_Warning%20Letter_08182016.pdf\n\n520160012W_Warning Letter_08182016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520160012W/520160012W_Warning%20Letter_08182016_text.pdf\n\n520160012W_Warning Letter_08182016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 18, 2016\nMr. Jerry E. Sheridan\nPresident and CEO\nAmeriGas Partners, L.P.\n460 North Gulph Road\nKing of Prussia, PA 19406\nCPF 5-2016-0012W\nDear Mr. Sheridan:\nOn January 25-29 and February 1-5, 2016, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States\nCode, inspected your Liquefied Petroleum Gas (LPG) facilities. Records of the operation and\ninspection of the LPG facilities were reviewed in Maui and the Big Island of Hawaii.\nAs a result of the inspection, it appears that AmeriGas Partners, L.P. (AmeriGas) has\ncommitted probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal\nRegulations. The items inspected and the probable violations are:\n1. §192. 11 Petroleum gas systems.\n(a) Each plant that supplies petroleum gas by pipeline to a natural gas\ndistribution system must meet the requirements of this part and NFPA 58 and\nNFPA 59 (incorporated by reference, see §192.7).\n(b) Each pipeline system subject to this part that transports only petroleum gas\nor petroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.\n\n\n\nNational Fire Protection Association, NFPA 58, Liquefied Petroleum Gas Code,\n2004 Edition 6.7.4.6 The point of discharge shall also be located not less than\n5 ft (1.5 m) in any direction away from any source of ignition, openings into\ndirect-vent (sealed combustion system) appliances, or mechanical ventilation air\nintakes.\nNational Fire Protection Association, NFPA 58, Liquefied Petroleum Gas Code,\n2004 Edition 6.16.5.2 (E) Fencing shall not be required where devices that can\nbe locked in place are provided that prevent unauthorized operation of valves,\nequipment, and appurtenances section.\nNational Fire Protection Association, NFPA 58, Liquefied Petroleum Gas Code,\n2004 Edition 6.4.5.2 Loose or piled combustible material and weeds and long\ndry grass shall be separated from containers by a minimum of 10 ft (3 m).\nPursuant to §192.11, the AmeriGas regulator relief vent for two meters on the Kahana\nGateway system were 34 inches from a building opening. The door at the building opening\nwas labeled electrical. The regulator relief vent was closer than three (3) feet from the\nbuilding opening and closer than five (5) feet from a source of ignition. It is critical that\nAmeriGas maintain a safe distance between relief vents and building openings to\ndemonstrate compliance with Federal Regulations.\nThe Liquefied Petroleum Gas tank near 22-24 Coconut Grove, Kapalua, Maui did not have\nsufficient security and protection against tampering provisions. The tank facility area was\nnot enclosed or locked to effectively prevent unauthorized operation of any of the container\nappurtenances, system valves, or equipment. AmeriGas must prevent unauthorized operation\nof any of the container appurtenances, system valves, or equipment.\nThe Coconut Grove holder system had combustible materials, shrubbery and plywood,\nwithin ten (10) feet of the container. AmeriGas must keep combustible materials at least ten\n(10) feet away from its containers.\n2. §192.513 Test requirement for plastic pipelines.\n(c) The test pressure must be at least 150 percent of the maximum operating\npressure or 50 p.s.i. (345 kPa) gage, whichever is greater. However, the\nmaximum test pressure may not be more than three times the pressure\ndetermined under §192.121, at a temperature not less than the pipe temperature\nduring the test.\nPursuant to §192.513, AmeriGas Work order # 12371 recorded a pipeline pressure test at 30\npsig for 15 minutes for the system at the Shops at Mauna Leni, Kamuela, Hawaii. The\nmaximum allowable pressure for this pipeline is nine (9) psig (nominal), requiring a\npressure test of at least 50 psig. The plastic pipeline was only tested to 30 psig which is less\nthan the 50 psig minimum. AmeriGas is required to pressure test the pipeline at the Shops at\nMauna Leni, Kamuela, Hawaii to a minimum of 50 psig.\n\n\n\n3. §192. 479 Atmospheric corrosion control: General.\n(a) Each operator must clean and coat each pipeline or portion of pipeline that\nis exposed to the atmosphere, except pipelines under paragraph (c) of this\nsection.\nPer §192.479, the coating on the manifold at 22-24 Coconut Grove, Kapalua, Hawaii had\nwas not adequate and the manifold showed signs of atmospheric corrosion. Coatings were\nnot maintained on piping exposed to the atmosphere. AmeriGas must maintain the coating\non its’ pipelines.\n4. §192. 807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(a) Qualification records shall include:\n(1) Identification of qualified individual(s);\n(2) Identification of the covered tasks the individual is qualified to perform;\n(3) Date(s) of current qualification; and\n(4) Qualification method(s).\n(b) Records supporting an individual's current qualification shall be maintained\nwhile the individual is performing the covered task. Records of prior\nqualification and records of individuals no longer performing covered tasks\nshall be retained for a period of five years.\nPer §192.807, AmeriGas Maui Gas Service did not have Operator Qualification records for\nthe individuals performing the covered task of inspecting regulators. Specifically, our\ninspector was not provided Qualification records for all individuals inspecting regulators.\n5. §192. 455 External corrosion control: Buried or submerged pipelines installed\nafter July 31, 1971.\n(a) Except as provided in paragraphs (b), (c), and (f) of this section, each buried\nor submerged pipeline installed after July 31, 1971, must be protected against\nexternal corrosion, including the following:\n(1) It must have an external protective coating meeting the requirements of\n§192.461.\n(2) It must have a cathodic protection system designed to protect the pipeline in\naccordance with this subpart, installed and placed in operation within 1 year\nafter completion of construction.\nAccording to §192.455, the AmeriGas records show that the use of anodes or rectifiers were\nnot applicable to pipelines at the Phillips Trust Holder System in Makawao and the Pukalani\nTerrace Holder System in Pukalani, Maui, Hawaii. AmeriGas personnel stated that all\nburied pipe was composed of plastic. A field visit to both the Phillips Trust Holder System\nand Pukalani Terrace Holder System revealed what appeared to be metal pipe buried in the\nground at the service risers and mains. AmeriGas buried pipelines did not protect their\n\n\n\nburied metallic pipelines against external corrosion with cathodic protection systems per\n§192.455.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. Also, for LNG facilities, an additional\npenalty of not more than $50,000 for each violation may be imposed. We have reviewed\nthe circumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the item(s) identified in this letter. Failure to do so will result in\nAmeriGas Partners, L.P. being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please\nrefer to CPF 5-2016-0012W and for each document you submit, please provide a copy in\nelectronic format to PHP-WRADMIN@dot.gov whenever possible. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation 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 D. Hassell (#151865)","truncated":false,"body_characters":9184}