{"operation":"document","citation":"CPF 12022008WL","title":"MIPC LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-01-28","effective_on":null,"summary":"CLOSED warning letter citing 195.420(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022008wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022008wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12022008wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12022008WL","body":"Warning Letter involving MIPC LLC. PHMSA's enforcement data identifies the cited regulation as 195.420(b). The case was opened on 2022-01-28 and is reported as closed as of 2022-01-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12022008WL_Operator Response to Notice_04202022_(21-199009).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022008WL/12022008WL_Operator%20Response%20to%20Notice_04202022_(21-199009).pdf\n\n12022008WL_Warning Letter_01282022_(21-199009).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022008WL/12022008WL_Warning%20Letter_01282022_(21-199009).pdf\n\n12022008WL_Warning Letter_01282022_(21-199009)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12022008WL/12022008WL_Warning%20Letter_01282022_(21-199009)_text.pdf\n\n12022008WL_Warning Letter_01282022_(21-199009)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: chris.shorokey@monroe-energy.com\nJanuary 28, 2022\nMs. Christine Shorokey\nVice President and General Manager\nMIPC LLC\n920 Cherry Tree Road\nAston, PA 19014\nCPF 1-2022-008-WL\nDear Ms. Shorokey:\nFrom April 6, 2021 through August 30, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected MIPC LLC’s (MIPC) pipeline system located in Gloucester County, New\nJersey, Philadelphia County, Pennsylvania and Delaware County, Pennsylvania.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 195.420 Valve maintenance.\n(a) …\n(b) Each operator shall, at intervals not exceeding 7 1∕2 months, but\nat least twice each calendar year, inspect each mainline valve to\ndetermine that it is functioning properly.\nMIPC failed to inspect each of its mainline valves at intervals not exceeding 7 ½ months, but at\nleast twice each calendar year, to determine they are functioning properly. Specifically, MIPC\nfailed to inspect 3 mainline valves on its 1.7 mile, 8” pipeline ID #PB0608PS between 2019 and\n2021.\nDuring the inspection, PHMSA reviewed MIPC’s Idled or Abandoned Pipelines Procedure, date\nMay 2020 (Idle Procedure). The Idle Procedure Section 3.3 stated, “All regulations and Company\n\n\n\nCPF 1-2022-008-WL\nPolicies shall continue to be followed on idle pipelines. This includes but is not limited to: Mainline\nvalve inspections”\nPHMSA also requested mainline valve records for 2019 through 2021. MIPC indicated that it did\nnot have any records due to the line being idled. When the PHMSA inspector requested further\ninformation, MIPC was unable to provide a response.\nTherefore, MIPC failed to, at intervals not exceeding 7 ½ months, but at least twice each calendar\nyear, inspect each mainline valve to determine that it is functioning properly, as required by\n§ 195.420(b).\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 related\nseries of violations. For violation occurring on or after January 11, 2021 and before May 3, 2021,\nthe maximum penalty may not exceed $222,504 per violation per day the violation persists, up to\na maximum of $2,225,034 for a related series of violations. For violation occurring on or after\nJuly 31, 2019 and before January 11, 2021, the maximum penalty may not exceed $218,647 per\nviolation per day the violation persists, up to a maximum of $2,186,465 for a related series of\nviolations. For violation occurring on or after November 27, 2018 and before July 31, 2019, the\nmaximum penalty may not exceed $213,268 per violation per day, with a maximum penalty not to\nexceed $2,132,679. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty 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 item identified in this letter. Failure to do so will result in\nMIPC LLC 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 1-2022-008-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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nRobert Burrough\nDirector, Eastern Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n12022008WL_Warning Letter_01282022_(21-199009)_text Page 2 of 2","truncated":false,"body_characters":5246}