UTAH GAS OP LTD DBA UTAH GAS CORP — Warning Letter

52020005WL_Warning Letter_10162020_(20-172633)_text.pdf, page 1Official PDFWARNING LETTER VIA E-MAIL TO MR. RUSS KNIGHT October 16, 2020 Mr. Russ Knight President Utah Gas OP Ltd DBA Utah Gas Corp 1125 Escalante Drive Rangely, CO 81648 CPF 5-2020-005-WL Dear Mr. Knight: On August 10 through 12, 2020, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your pipeline system in Rangely, Colorado. As a result of the inspection, it is alleged that you have committed a probable violation of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and the probable violation is: 1. §195.61 National Pipeline Mapping System (a) Each operator of a hazardous liquid pipeline facility must provide the following geospatial data to PHMSA for that facility: (1) Geospatial data, attributes, metadata and transmittal letter appropriate for use in the National Pipeline Mapping System. Acceptable formats and additional information are specified in the NPMS Operator Standards manual available at www.npms.phmsa.dot.gov or by contacting the PHMSA Geographic Information Systems Manager at (202) 366-4595. At the time of the inspection, Utah Gas Corp., an operator of a hazardous liquid pipeline facility, had not provided geospatial data to PHMSA for its facility in Rangely, Colorado. Specifically, Utah Gas Corp. failed to provide geospatial data, attributes, metadata and a transmittal letter appropriate for use in the National Pipeline Mapping System (NPMS). During the inspection, the operator noted to PHMSA that#

52020005WL_Warning Letter_10162020_(20-172633)_text.pdf, page 2although this pipeline system was purchased in 2017, it was unaware that a new NPMS submission was required.1 Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related series of violations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances and supporting documents involved in this case, and have decided not to conduct additional enforcement action or penalty assessment proceedings at this time. We advise you to correct the item identified in this letter. Failure to do so will result in Utah Gas Corp. being subject to additional enforcement action. No reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 5- 2020-005-WL. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe 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 qualifies for confidential treatment under 5 U.S.C. 552(b). Sincerely, Dustin Hubbard Director, Western Region Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 S. Perkins (#20-172633) 1 See 49 C.F.R. § 195.61(b) (requiring operators to submit this information “each year, on or before June 15, representing assets as of December 31 of the previous year. If no changes have occurred since the previous year's submission, the operator must refer to the information provided in the NPMS Operator Standards manual available at www npms.phmsa.dot.gov or contact the PHMSA Geographic Information Systems Manager at (202) 366-4595”).#