CPF 52021035WL
CPF 52021035WL
52021035WL_Warning Letter_07082021_(21-211736)_text.pdf, page 1Official PDFWARNING LETTER VIA E-MAIL TO MR. KEVIN SULLIVAN July 8, 2021 Mr. Kevin Sullivan CEO Taproot Energy Partners 555 17th Street, Suite 800 Denver, CO 80202 CPF 5-2021-035-WL Dear Mr. Sullivan: On April 12th, 2021, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected your liquid gathering system in Weld County, Colorado. As a result of this 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#
52021035WL_Warning Letter_07082021_(21-211736)_text.pdf, page 21. §195.573 What must I do to monitor external corrosion control? (c) Rectifiers and other devices. You must electrically check for proper performance each device in the first column at the frequency stated in the second column. Device Check frequency Rectifier Reverse current switch. Diode. Interference bond whose failure would jeopardize structural protection. At least six times each calendar year, but with intervals not exceeding 21∕2 months. Other interference bond At least once each calendar year, but with intervals not exceeding 15 months. Taproot Midstream failed to present documentation showing their rectifier was inspected every 2½ months between July 2020 and January 2021. Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a related series of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a related series of violations. For violation occurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not 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. 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 Taproot Energy Partners 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 5-2021-035-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). 2#
52021035WL_Warning Letter_07082021_(21-211736)_text.pdf, page 3Sincerely, Dustin Hubbard Director, Western Region, Office of Pipeline Safety Pipeline and Hazardous Materials Safety Administration cc: PHP-60 Compliance Registry PHP-500 G. Ogirima, J. Luo, J. Williams (#21-211736) Mr. Rod Donovan, COO & President, Taproot Energy Partners 3#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.