{"operation":"document","citation":"CPF 520181005W","title":"RATON GAS TRANSMISSION CO — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-03-26","effective_on":null,"summary":"CLOSED warning letter citing 191.17(a), 191.29(b), 192.459, 192.481(b), 192.603(b), 192.605(a), 192.615(c)(1), 192.616(d), 192.707(d)(1), 192.707(d)(2), 192.807(a)(2), 192.947(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520181005w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520181005w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520181005w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520181005W","body":"Warning Letter involving RATON GAS TRANSMISSION CO. PHMSA's enforcement data identifies the cited regulations as 191.17(a),  191.29(b),  192.459,  192.481(b),  192.603(b),  192.605(a),  192.615(c)(1),  192.616(d),  192.707(d)(1),  192.707(d)(2),  192.807(a)(2),  192.947(d). The case was opened on 2018-03-26 and is reported as closed as of 2018-03-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520181005W_Warning Letter_03262018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520181005W/520181005W_Warning%20Letter_03262018.pdf\n\n520181005W_Warning Letter_03262018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520181005W/520181005W_Warning%20Letter_03262018_text.pdf\n\n520181005W_Warning Letter_03262018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 26, 2018\nMs. Patricia Link\nPresident\nRaton Gas Transmission\n223 N. Guadalupe, St #306\nSanta Fe, NM 87501\nRevised CPF 5-2018-1005W\nDear Ms. Link:\nOn June 19 through 23, and June 26 through 29, 2017, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected your Raton Gas Transmission in Raton, New Mexico, and Trinidad, Colorado.\nAs a result of the inspection, it is alleged that you have committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected and the\nprobable violation(s) are:\n1. §191.17 Transmission systems; gathering systems; and liquefied natural gas facilities,\nand underground natural gas storage facilities: Annual report.\n(a) Transmission or Gathering. Each operator of a transmission or a gathering pipeline\nmust submit an annual report for that system on DOT Form PHMSA 7100.2.1. This\nreport must be submitted each year, not later than March 15, for the preceding calendar\nyear, except that for the 2010 reporting year the report must be submitted by June 15,\n2011.\nRaton Gas Transmission (RGT)’s annual reports for calendar years 2014, 2015, and 2016 indicate that\nRGT performed an External Corrosion Direct Assessment (ECDA) of their pipeline in each of these\nyears. Interviews of RGT personnel revealed that an ECDA, in accordance with §192.925, has never\n\n\n\nbeen performed on their pipeline system.\n2. §191.29 National Pipeline Mapping System.\n(b) The information required in paragraph (a) of this section must be submitted each\nyear, on or before March 15, representing assets as of December 31 of the previous year.\nIf no changes have occurred since the previous year’s submission, the operator must\ncomply with the guidance provided in the NPMS Operator Standards manual available\nat www.npms.phmsa.dot.gov or contact the PHMSA Geographic Information Systems\nManager at (202) 366-4595.\nA review of the RGT’s records indicates that RGT failed to submit “no changes” for calendar year\n2015 as required by §191.29(b).\n3. §192.459 External corrosion control: Examination of buried pipeline when exposed.\nWhenever an operator has knowledge that any portion of a buried pipeline is exposed,\nthe exposed portion must be examined for evidence of external corrosion if the pipe is\nbare, or if the coating is deteriorated. If external corrosion requiring remedial action\nunder §192.483 through §192.489 is found, the operator shall investigate\ncircumferentially and longitudinally beyond the exposed portion (by visual examination,\nindirect method, or both) to determine whether additional corrosion requiring remedial\naction exists in the vicinity of the exposed portion.\nDuring the field inspection, it was noted that multiple areas of buried pipeline were found to be\nexposed. All the areas were found on the top of the mesa between Trinidad, Colorado, and Raton, New\nMexico. RGT failed to identify and perform examinations on the areas of exposed pipeline for\nevidence of external corrosion in accordance with §192.459.\n4. §192.481 Atmospheric corrosion control: Monitoring.\n(b) During inspections the operator must give particular attention to pipe at soil-to-air\ninterfaces, under thermal insulation, under disbonded coatings, at pipe supports, in\nsplash zones, at deck penetrations, and in spans over water.\nDuring the field inspection, it was noted that RGT failed to inspect the pipe supports, and soil-to-air\ninterfaces during atmospheric corrosion inspections in accordance with §192.481(b).\n5. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operation and maintenance activities and for\nemergency response. For transmission lines, the manual must include procedures for\nhandling abnormal operations. This manual must be reviewed and updated by the\noperator at intervals not exceeding 15 months, but at least once each calendar year. This\nmanual must prepared before operations of a pipeline system commence. Appropriate\nparts of the manual must be kept at locations where operations and maintenance\nactivities are conducted.\nRGT failed to follow Procedure #10 (Continuing Surveillance) of the Operations and Maintenance\nManual, which requires the supervisor to examine all completed records (Form #2000) on a quarterly\ninterval to determine if any trends exist that require remedial action. RGT’s records indicate\ncontinuing surveillance was being performed annually, rather than quarterly, per the procedure.\n2\n\n\n\n6. §192.615 Emergency plans.\n(c) Each operator shall establish and maintain liaison with appropriate fire, police, and\nother public officials to:\n(1) Learn the responsibility and resources of each government organization that may\nrespond to a gas pipeline emergency.\nRGT failed to provide documentation as to how they were establishing and maintaining liaisons with\npublic officials. The documentation provided was insufficient to demonstrate compliance with\n§192.615(c)(1).\n7. §192.707 Line markers for mains and transmission lines.\n(d) Marker warning. The following must be written legibly on background of sharply\ncontrasting color on each line marker:\n(1) The word “Warning,” “Caution,” or “Danger” followed by the words “Gas (or name\nof gas transported) Pipeline” all of which, except for markers in heavily developed urban\nareas, must be in letters at least 1 inch (25 millimeters) high with 1∕4 inch (6.4 millimeters)\nstroke.\nDuring the field inspection, it was noted that the line markers on top of the mesa, between Trinidad\nand Raton, were found to be misplaced and/or faded/weathered such that the words on each pipeline\nmarker were not legible to demonstrate compliance with §192.707(d)(1).\n8. §192.707 Line markers for mains and transmission lines.\n(d) Marker warning. The following must be written legibly on background of sharply\ncontrasting color on each line marker:\n(2) The name of the operator and the telephone number (including area code) where the\noperator can be reached at all times.\nDuring the field inspection, it was noted that the telephone number found on RGT’s line markers goes\nto their office in Raton, New Mexico. Interviews of RGT personnel revealed that the office is not\nstaffed 24 hours per day. The listed telephone number does not reach the pipeline operator at all times\nto demonstrate compliance with §192.707(d)(2).\n9. §192.947 What records must an operator keep?\nAn operator must maintain, for the useful life of the pipeline, records that demonstrate\ncompliance with the requirements of this subpart. At minimum, an operator must\nmaintain the following records for review during an inspection.\n(d) Documents to support any decision, analysis and process developed and used to\nimplement and evaluate each element of the baseline assessment plan and integrity\nmanagement plan. Documents included those developed and used in support of any\nidentification, calculation, amendment, modification, justification, deviation and\ndetermination made, and any action taken to implement and evaluate any of the\nprogram elements.\nRGT’s Potential Impact Radius (PIR) is incorrectly calculated. Therefore, RGT must re-evaluate the\nPIR and document the result in accordance with §192.947(d).\n10. §192.616 Public awareness.\n(d) The operator’s program must specifically include provisions to educate the public,\n3\n\n\n\nappropriate government organizations, and persons engaged in excavation related\nactivities on:\n(1) Use of a one-call notification system prior to excavation and other damage prevention\nactivities;\n(2) Possible hazards associated with unintended releases from a gas pipeline facility;\n(3) Physical indications that such a release may have occurred;\n(4) Steps that should be taken for public safety in the event of a gas pipeline release; and\n(5) Procedures for reporting such an event.\nRGT is relying on a one-call center outreach program to provide pipeline information to the excavators\nin the area near the Raton Gas Transmission pipeline. However, RGT failed to verify or document\nwhether this is occurring. RGT was not able to provide an updated or current list of excavators near\ntheir pipeline, nor could they verify the last time excavators were provided with Public Awareness\ninformation.\n11. §192.807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this subpart.\n(a) Qualification records shall include:\n(2) Identification of the covered tasks the individual is qualified to perform.\nRGT’s field staff was performing line locating in calendar year 2015. RGT’s Operator Qualification\n(OQ) Program identifies line locating as a covered task. However, records indicated that the field staff\nwere not qualified to perform this covered task.\n12. §192.603 General provisions.\nunder §192.605.\n(b) Each operator shall keep records necessary to administer the procedures established\nRGT failed to maintain a current list of all excavators who normally operate within the vicinity of the\nRGT’s pipeline in accordance with §192.614(c)(1). RGT’s Appendix A1, Excavator List, had not been\nupdated in several years, based upon conversations with the RGT personnel during the inspection.\nAdditionally, when searched, several of the excavators found on the RGT’s list had been out of\nbusiness for more than three (3) years.\n13. §192.603 General provisions.\nunder §192.605.\n(b) Each operator shall keep records necessary to administer the procedures established\nRGT failed to maintain one-call records for their own excavations in accordance with §192.614(c)(5).\nWhile reviewing the RGT’s 2017 patrolling records, documentation stated “replaced line markers by\ndigging 24” down.” However, RGT could not provide one-call tickets to demonstrate they called one-\ncall prior to excavation for line markers installation.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$209,002 per violation per day the violation persists, up to a maximum of $2,090,022 for a related\nseries of violations. For violations occurring prior to November 2, 2015, the maximum penalty may\nnot exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents involved\nin this case, and have decided not to conduct additional enforcement action or penalty assessment\n4\n\n\n\nproceedings at this time. We advise you to correct the items identified in this letter. Failure to do so\nwill result in Raton Gas Transmission being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF\n5-2018-1005W. Be advised that all material you submit in response to this enforcement action is\nsubject to being made publicly available. If you believe that any portion of your responsive material\nqualifies for confidential 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 confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nSincerely,\nKim West\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#155182)\n5","truncated":false,"body_characters":12402}