{"operation":"document","citation":"CPF 520176012W","title":"FDL OPERATING LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-03-27","effective_on":null,"summary":"CLOSED warning letter citing 195.420(b), 195.420(c), 195.430(a), 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176012W","body":"Warning Letter involving FDL OPERATING LLC. PHMSA's enforcement data identifies the cited regulations as 195.420(b),  195.420(c),  195.430(a),  195.583(a). The case was opened on 2017-03-27 and is reported as closed as of 2017-03-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176012W_Warning Letter_03272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176012W/520176012W_Warning%20Letter_03272017.pdf\n\n520176012W_Warning Letter_03272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176012W/520176012W_Warning%20Letter_03272017_text.pdf\n\n520176012W_Warning Letter_03272017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 27, 2017\nMr. Porter Trimble\nPresident\nFDL Operating, LLC\n909 Lake Carolyn Parkway, Ste. 500\nIrving, TX 75039\nCPF 5-2017-6012W\nDear Mr. Trimble:\nOn January 9 through 13, 2017, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected your Monell and Salt Creek CO2 pipelines in Midwest and Wamsutter, Wyoming.\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. The items inspected and\nthe probable violation(s) are:\n1. §195.420 Valve Maintenance.\n(b) Each operator shall, at intervals not exceeding 7 ½ months, but at least twice\nper calendar year, inspect each mainline valve to determine if it is functioning\nproperly.\nFDL Operating, LLC (FDL) failed to inspect each mainline valve for the Monell CO2 Line, at\nintervals not exceeding 7 ½ months, in accordance with §195.420(b). During the records\n\n\n\nreview of FDL’s valve maintenance program, it was noted that FDL failed demonstrate that\nvalve inspections were performed on the Monell CO2 Line for the second part of both\ncalendar years 2015 and 2016.\n2. §195.420 Valve Maintenance.\n(c) Each operator shall provide protection for each valve from unauthorized\noperation and from vandalism.\nDuring the field inspection of the Salt Creek CO2 Line, it was noted that the Bairoil Station\nwas not protected from unauthorized operation or from vandalism. In addition, the main gate\nto the Bairoil Station was found to be unsecured as the lock on the gate opened when pulled\non and the valves within the station were not secured by locks.\n3. §195.430 Firefighting Equipment.\nEach operator shall maintain adequate firefighting equipment at each pump\nstation and breakout tank area. The equipment must be –\n(a) In proper operating condition at all times.\nDuring the field inspection of the Salt Creek CO2 Line, it was noted that one fire\nextinguisher, inside the PRS Station, was found to be expired in 2012.\n4. §195.583 What must I do to monitor atmospheric corrosion?\n(a) You must inspection each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, as follows:\nOnshore: At least once every 3 calendar years, but with intervals not exceeding\n39 months.\nAt the time of the inspection, FDL was unable to provide documentation to demonstrate that\natmospheric corrosion inspection was performed once every three (3) calendar years for the\nMonell CO2 Line and Salt Creek CO2 Line.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a\nrelated series of violations. For violation occurring between January 4, 2012 to August 1,\n2016, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. For violations occurring\nprior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per\nday, with a maximum penalty not to exceed $1,000,000 for a related series of violations. We\nhave reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at\nthis time. We advise you to correct the item(s) identified in this letter. Failure to do so will\nresult in FDL Operating, LLC, being subject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2017-6012W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#153765 and #153766)\n3","truncated":false,"body_characters":5141}