{"operation":"document","citation":"CPF 120185011W","title":"MIPC LLC — 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 195.402(a), 195.446(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185011w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185011w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120185011w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120185011W","body":"Warning Letter involving MIPC LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.446(a). 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\n120185011W_Operator Response Notice_04202018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185011W/120185011W_Operator%20Response%20Notice_04202018.pdf\n\n120185011W_Warning Letter_03262018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185011W/120185011W_Warning%20Letter_03262018.pdf\n\n120185011W_Warning Letter_03262018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120185011W/120185011W_Warning%20Letter_03262018_text.pdf\n\n120185011W_Warning Letter_03262018_text.pdf\n\nWARNING LETTER\nOVERNIGHT EXPRESS DELIVERY\nMarch 26, 2018\nPete Pirog\nVice President and General Manager\nMIPC LLC\n920 Cherry Tree Road\nAston, PA 19014\nCPF 1-2018-5011W\nDear Mr. Pirog:\nFrom May 15-19, 2017, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nMIPC LLC’s (MIPC) Trainer and Chelsea pipelines and facilities located in the area of Aston, PA.\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. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall\nbe reviewed at intervals not exceeding 15 months, but at least once each calendar\nyear, and appropriate changes made as necessary to ensure that the manual is\neffective. This manual shall be prepared before initial operations of a pipeline\nsystem commence, and appropriate parts shall be kept at locations where\noperations and maintenance activities are conducted.\nMIPC failed to review and update its operations and maintenance manuals at intervals not\nexceeding 15 months, but at least once each calendar year.\n\n\n\nCPF 1-2018-5011W\nDuring the inspection, the PHMSA inspector requested documentation of the annual reviews of\nMIPC’s procedural manuals required by § 195.402. MIPC provided review/revision logs for its\nmanuals, including its Corrosion Manual and Pipeline Integrity Management Plan. The logs\nindicated that MIPC failed to review and update its Corrosion Manual and Pipeline Integrity\nManagement Plan in 2013, and its Pipeline Integrity Management Plan again in 2016.\nTherefore, MIPC failed to review and update its Corrosion and Integrity Management manuals at\nleast once each calendar year.\n2. § 195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a\ncontroller working in a control room who monitors and controls all or part of a\npipeline facility through a SCADA system. Each operator must have and follow\nwritten control room management procedures that implement the requirements\nof this section…\nMIPC failed to follow its written control room management procedure, Appendix I, Exhibit A -\nAlarm Philosophy Control Center, Section 6.2 (Procedure), developed in accordance with\n§ 195.446(j)(1).\nSection 195.446 (j)(1) states:\n“(j) Compliance and deviations. An operator must maintain for review during inspection:\n(1) Records that demonstrate compliance with the requirements of this section;”\nMIPC’s Section 6.2 of the Procedure Alarm Philosophy Control Centers, states:\n“The alarm history (e.g., annunciations, acknowledgements, return-to-normal, controller actions,\netc.) should be preserved for 3 years per DOT requirement.”\nDuring the inspection, the PHMSA inspector requested a report of recent alarm history. MIPC was\nunable to provide a report at the time of inspection.\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\nmay not exceed $200,000 per violation per day, with a maximum penalty not to exceed $2,000,000\nfor a related series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in MIPC LLC being subject to additional enforcement action.\nPlease be advised that all material you submit in response to this enforcement action is subject to\nbeing made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for confidential\n120185011W_Warning Letter_03262018_text\nPage 2 of 3\n\n\n\nCPF 1-2018-5011W\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. 552(b).\nNo reply to this letter is required. If you choose to reply, please submit all correspondence in this\nmatter to Robert Burrough, Director, PHMSA Eastern Region, 820 Bear Tavern Road, Suite 103,\nWest Trenton, NJ 08628. Please refer to CPF 1-2018-5011W on each document you submit, and\nwhenever possible provide a signed PDF copy in electronic format. Smaller files may be emailed\nto robert.burrough@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Eastern Region Office.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\n120185011W_Warning Letter_03262018_text\nPage 3 of 3","truncated":false,"body_characters":6111}