{"operation":"document","citation":"CPF 52021040WL","title":"TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-07-14","effective_on":null,"summary":"CLOSED warning letter citing 195.440(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021040wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021040wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021040wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021040WL","body":"Warning Letter involving TRANS MOUNTAIN PIPELINE (PUGET SOUND) LLC. PHMSA's enforcement data identifies the cited regulation as 195.440(c). The case was opened on 2021-07-14 and is reported as closed as of 2021-07-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021040WL_Warning Letter_07142021_(21-212065).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021040WL/52021040WL_Warning%20Letter_07142021_(21-212065).pdf\n\n52021040WL_Warning Letter_07142021_(21-212065)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021040WL/52021040WL_Warning%20Letter_07142021_(21-212065)_text.pdf\n\n52021040WL_Warning Letter_07142021_(21-212065)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. MIKE DAVIES\nJuly 14, 2021\nMr. Mike Davies\nVP Operations\nTrans Mountain Pipeline\n300 5th Avenue SW\nSuite 2700\nCalgary, Alberta, T2P 5J2\nCanada\nCPF 5-2021-040-WL\nDear Mr. Davies:\nFrom February 22 through April 16, 2021, a representative of the Washington State Utilities and\nTransportation Commission (UTC) and the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\nconducted an Integrated Inspection of the Trans Mountain Pipeline (Puget Sound) LLC, Oil\nPipeline in the Northwest Washington area.\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 (CFR). The items inspected\nand the probable violations are:\n1. § 195.440 Public awareness.\n(a) …\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\n\n\n\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nAPI Recommended Practice (RP) 1162, Public Awareness Programs for Pipeline\nOperators. (Incorporated by reference in § 195.3)\n8.4 MEASURING PROGRAM EFFECTIVENESS\nOperators should assess progress on the following measures to assess whether the\nactions undertaken in implementation of this RP are achieving the intended goals\nand objectives:\n Whether the information is reaching the intended stakeholder\naudiences\n If the recipient audiences are understanding the messages\ndelivered\n Whether the recipients are motivated to respond appropriately\nin alignment with the information provided\n If the implementation of the Public Awareness Program\nis impacting bottom-line results (such as reduction in\nthe number of incidents caused by third-party damage).\n8.5 SUMMARY OF BASELINE EVALUATION PROGRAM\nTable 8-1—Summary of Baseline Evaluation Program\nThe results of the evaluation need to be considered and\nrevisions/updates made in the public awareness program plan,\nimplementation, materials, frequency and/or messages\naccordingly\nEvaluation Approaches Evaluation Techniques Self Assessment of\nImplementation Recommended\nFrequency\nAnnually\nInternal review, or third-party\nassessment or regulatory\ninspection\nPre-Test Effectiveness of\nFocus groups (in-house or external participants) Materials\nUpon design or\nmajor redesign of\npublic awareness\nmaterials or\nmessages.\n2\n\n\n\nEvaluation of\neffectiveness of program\nimplementation:\n• Outreach\n• Level of knowledge\n• Changes in behavior\n• Bottom-line results\n1. Survey: Can assess outreach efforts,\naudience\nknowledge and changes in behavior\n• Operator-designed and conducted survey, or\n• Use of pre-designed survey by third-\nparty or industry association, or\n• Trade association conducted survey\nsegmentedby operator, state or other\nrelevant separation toallow application\nof results to each operator.\n2. Assess notifications and incidents to\ndetermine anecdotal changes in\nbehavior.\n3. Documented records and industry\ncomparisons of incidents to evaluate\nbottom-line results.\nNo more than four\nyears apart.\nOperator should\nconsider more\nfrequent as a\nsupplement or upon\nmajor redesign of\nprogram.\nImplement changes to the Public Awareness Program as assessment methods above suggest.\nResponsible person as designated in written Public Awareness Program As required by\nfindings of\nevaluations.\nAPI, RP 1162 Section 8.5 recommends an effectiveness assessment of program effectiveness of\n“no more than four years apart” unless, according to § 195.440(c) the operator provides\njustification why the recommended practice is not practicable and not necessary for safety. The\nlast Public Awareness effectiveness review of this pipeline was conducted in 2015. The Trans\nMountain procedures do not provide a reason why the effectiveness review interval should\nexceed four years, so the next review was due in 2019. However, no record of a 2019 review\nwas available during the inspection.\nKinder Morgan sold the pipeline to Trans Mountain in 2018. Also, the pipeline’s Public\nAwareness Program transitioned from Damage Prevention to Public Affairs in 2020. A Trans\nMountain Public Affairs internal audit in 2020 noted that the effectiveness review did not occur\nin 2019, or there were no records of it occurring in 2019. Subsequently, Trans Mountain\nscheduled an effectiveness review for fourth quarter of 2020, but it was postponed to the first\nquarter of 2021 due to COVID-19 and the U.S. elections. Trans Mountain was conducting an\neffectiveness survey at the time of the inspection (March/April 2021).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for a\nrelated series of violations. For violation occurring on or after January 11, 2021 and before May\n3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\n3\n\n\n\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nTrans Mountain Pipeline being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2021-040-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 B. Brown (#21-212065)\n4","truncated":false,"body_characters":7761}