{"operation":"document","citation":"CPF 52025019NOA","title":"AMERIGAS PROPANE LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2025-04-24","effective_on":null,"summary":"CLOSED notice of amendment citing 192.303, 192.605(a), 192.605(b)(1), 192.605(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025019noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025019noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52025019noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52025019NOA","body":"Notice of Amendment involving AMERIGAS PROPANE LP. PHMSA's enforcement data identifies the cited regulations as 192.303,  192.605(a),  192.605(b)(1),  192.605(b)(2). The case was opened on 2025-04-24 and is reported as closed as of 2026-02-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52025019NOA_Notice of Amendment_04242025_(24-297238).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025019NOA/52025019NOA_Notice%20of%20Amendment_04242025_(24-297238).pdf\n\n52025019NOA_Notice of Amendment_04242025_(24-297238)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025019NOA/52025019NOA_Notice%20of%20Amendment_04242025_(24-297238)_text.pdf\n\n52025019NOA_Operator Response to Notice_05222025_(24-297238).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025019NOA/52025019NOA_Operator%20Response%20to%20Notice_05222025_(24-297238).pdf\n\n52025019NOA_Region Withdrawal of Notice Letter_02042026_(24-297238).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025019NOA/52025019NOA_Region%20Withdrawal%20of%20Notice%20Letter_02042026_(24-297238).pdf\n\n52025019NOA_Region Withdrawal of Notice Letter_02042026_(24-297238)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52025019NOA/52025019NOA_Region%20Withdrawal%20of%20Notice%20Letter_02042026_(24-297238)_text.pdf\n\n52025019NOA_Notice of Amendment_04242025_(24-297238)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Kevin.Kelleher@amerigas.com\nApril 24, 2025\nMr. Kevin Kelleher\nVice President – Supply & Logistics and Operations\nAmeriGas Propane Corporation\n500 N. Gulph Road\nKing of Prussia, PA 19406\nCPF 5-2025-019-NOA\nDear Mr. Kelleher:\nFrom September 16 to September 20, 2024, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected the AmeriGas Propane LP Services\n(AmeriGas) on the island of Oahu in the state of Hawaii.\nAs a result of the inspection, PHMSA has identified the apparent inadequacies found within\nAmeriGas’s plans or procedures. The items inspected and the inadequacies are described below:\n1. § 192.303 Compliance with specifications or standards.\nEach transmission line or main must be constructed in accordance with\ncomprehensive written specifications or standards that are consistent with this part.\nAmeriGas’s procedures were inadequate to maintain pipeline safety as they did not contain\ndetailed specifications or standards consistent with subpart G as required. Specifically, during\nthe inspection, PHMSA reviewed AmeriGas’s Operations and Maintenance Procedure Manual,\nConstruction of Mains, which was updated on July 31, 2024. During that review, PHMSA\nobserved that the manual did not include a procedure for the installation of plastic pipeline mains\nterminating aboveground consistent with § 192.321(i). In addition, the manual also lacked a\n\n\n\nprocedure that included the appropriate underground clearance when installing a transmission\nline consistent with § 192.325(a).\nTherefore, AmeriGas must revise its Operations and Maintenance Procedure Manual,\nConstruction of Mains to be consistent with the requirements of subpart G.\n2. § 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 operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least once each\ncalendar year. This manual must be prepared before operations of a pipeline\nsystem commence. Appropriate parts of the manual must be kept at locations\nwhere operations and maintenance activities are conducted.\nAmeriGas’s procedures were inadequate to maintain pipeline safety because they did not contain\nspecific instructions detailing how operator personnel would go about performing the specified\ntasks listed within the manual. During the inspection, PHMSA reviewed AmeriGas’s Operations\nand Maintenance (O&M) manual in its entirety. The PHMSA inspector observed during their\nreview that the O&M manual was nearly verbatim to the requirements of Part 192 and did not\ninclude the specificity required to carry out the procedures. PHMSA observed that the O&M\nlacked such information as who was to perform which tasks, how that person(s) was to be\nqualified to perform those tasks, what tasks were to be performed when, where personnel were to\nbe located when performing these tasks, instructions on how each task was to be performed,\nwhat equipment was to be utilized during the performance of said task, how that information was\nto be recorded, analyzed, and retained, and next steps at the end of the task. While in many\ninstances, what, when and how a task is performed can be gleaned from the pipeline safety\nregulations, the remaining steps are determined by the pipeline operator for its specific system\nand documented as procedures within its O&M, in accordance with § 192.605(a).\nAmeriGas must amend its O&M in its entirety to include specific instructions detailing how its\npersonnel would perform each of the tasks specified by the pipeline safety regulations, as\nrequired.\n3. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) Operating, maintaining, and repairing the pipeline in accordance with each of\nthe requirements of this subpart and Subpart M of this part.\n\n\n\nAmeriGas’s procedures were inadequate to maintain pipeline safety as they did not contain\nprocedures for operating, maintaining, and repairing the pipeline in accordance with each of the\nrequirements of subpart L. Specifically, during the inspection, PHMSA reviewed AmeriGas’s\nOperations and Maintenance Procedure Manual, Maximum Allowable Operating Pressure,\nwhich was updated on July 31, 2024. During that review, PHMSA observed that the manual had\nnot been updated with the latest Table 1 from 192.619(a)(2)(ii) on how to determine maximum\nallowable operating pressure (MAOP) pursuant to the requirements of § 192.619(a)(2)(ii).\nTherefore, AmeriGas must revise its Operations and Maintenance Procedure Manual, Maximum\nAllowable Operating Pressure, to include allowing an operator to calculate its MAOP pursuant to\nthe requirements of § 192.619(a)(2)(ii).\n4. § 192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n(b) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(1) …\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of Subpart I of this part.\nAmeriGas’s procedures were inadequate to maintain pipeline safety as they did not contain\nprocedures for controlling corrosion in accordance with the operations and maintenance\nrequirements of subpart I. Specifically, during the inspection, PHMSA reviewed AmeriGas’s\nOperations and Maintenance Procedure Manual, Corrosion Control, which was updated on July\n31, 2024. During that review, PHMSA observed that the manual lacked a procedure requiring\nelectrically isolated metal alloy fittings installed after January 22, 2019, not meeting the\nrequirements of § 192.455(f), to be catholically protected and maintained as required pursuant to\n§ 192.455(g). In addition, PHMSA observed that the manual failed to include a procedure\nrequiring each reverse current switch, each diode, and each interference bond whose failure\nwould jeopardize structure protection to be electrically checked for proper performance six times\na calendar year at intervals not to exceed 2 ½ months as required per § 192.465(c).\nTherefore, AmeriGas must revise its Operations and Maintenance Procedure Manual, Corrosion\nControl, to include procedures for controlling corrosion in accordance with the operations and\nmaintenance requirements of subpart I.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\n\n\n\nU.S.C. § 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 5 U.S.C. § 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under § 190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n60 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that AmeriGas Propane Corporation maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Dustin Hubbard, Director,\nWestern Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 5-2025-019-NOA and, for each document you\nsubmit, please provide a copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam (#24-297238)\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\n\n52025019NOA_Region Withdrawal of Notice Letter_02042026_(24-297238)_text.pdf\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n12300 W. Dakota Ave., Suite 340\nLakewood, CO 80228\nWITHDRAWAL of NOTICE LETTER\nVIA ELECTRONIC MAIL TO: Michael.Sharp@amerigas.com\nFebruary 4, 2026\nMr. Michael Sharp\nPresident/CEO\nAmeriGas Propane LP\n500 N. Gulph Road\nKing of Prussia, PA 19406\nCPF 5-2025-019-NOA\nDear Mr. Sharp:\nFrom September 16 to September 20, 2024 AmeriGas Propane LP (AmeriGas) was issued a\nNotice of Amendment letter for the case number referenced above. This Notice cited AmeriGas\nfor compliance with § 192.303, and amendments under §§ 192.605(a), 192.605(a)(1), and\n192.605(a)(2).\nAmeriGas sold these Hawaii assets in 2025 to Hawaii Gas.\nThis letter is to inform you that PHMSA hereby withdraws the Notice and that the case is now\nclosed.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n\n\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gilliam (24-297238)\nPamela Cannon, Sr. Director, AmeriGas Propane LP, pamela.cannon@amerigas.com","truncated":false,"body_characters":12084}