{"operation":"document","citation":"CPF 220075004M","title":"MARKWEST RANGER PIPELINE COMPANY, L.L.C. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-05-02","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.402(c)(10), 195.402(c)(13), 195.402(c)(3), 195.402(e)(3), 195.402(e)(8), 195.505.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220075004m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220075004m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220075004m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220075004M","body":"Notice of Amendment involving MARKWEST RANGER PIPELINE COMPANY, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.402(c)(10),  195.402(c)(13),  195.402(c)(3),  195.402(e)(3),  195.402(e)(8),  195.505. The case was opened on 2007-05-02 and is reported as closed as of 2009-04-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220075004M_notice letter_05022007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220075004M/220075004M_notice%20letter_05022007.pdf\n\n220075004m_notice letter_05022007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220075004M/220075004m_notice%20letter_05022007_text.pdf\n\n220075004M_Operator Response_06202007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220075004M/220075004M_Operator%20Response_06202007.pdf\n\n220075004m_notice letter_05022007_text.pdf\n\nU 5 Department\nof Transportation\nPipeline and\nHazardous Materlats Safety\nAdministration NOTICE OF AMENDMENT\n233 Peachtrse Street Ste 600\nAtlanta, GA 30303\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\nMay 2, 2007\nMr John Mollenkopf\nSenior Vice President and Clnef Operations Officer\nMarkWest Hydrocarbon, Inc\n1515 Arapahoe Street, Tower 2, Suite 700\nDenver, CO 80202\nCPF 2-2007-5004M\nDear Mr Mollenkopf\nBetween December 5 and December 9, 2005, a representative of the Pipehne and Hazardous\nMatenals Safety Admuustration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected MarkWest Hydrocarbon, Inc (MarkWest) procedures for operation and maintenance\nin Kenova, West Virginia\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nMarkWest's plans or procedures, as descrtbed below\nI'1195 402 Procedural manual for operations, maintenance, and emergencies.\n(a) Genera/ Each operator shall prepare and follow for each pipehne system a\nmanual of written procedures for conductmg normal operations and maintenance\nactivities and handbag abnormal operations and emergencies.\ntt195. 214 Welding procedures.\n(a) Welding must be performed by a qualified welder in accordance with\nweldmg procedures quahfied under Section 5 of API 1104 or Section IX of\nthe ASME Boder and Pressure Vessel Code (incorporated by reference, see\ntt 195. 3) The quality of the test welds used to quahfy the welding procedure\nshall be determined by destructive teshng.\nA. MarkWest welding procedures are incorrect Operations, Jtfamtenance, and\nEmergencies Manual (OM&E Manual) Section 6 5 references Section 2 of API 1104,\nmstead of Section 5 It is also noted that OM&E Manual Section 6 5 similarly\nincorrectly references other sections of API 1104 See III' 195 222(a), 195 234(b), and\n195 230 to correct these inadequacies\n\n\n\n$195. 310 Records.\n(a) A record must be made of each pressure test required by this subpart,\nand the record of the latest test must be retamed as long as the facility\ntested is m use.\n(b) The record required by paragraph (a) of this section must include. . .\n. . . (10) Temperature of the test medium or pipe during the test period.\nB. OM&E Manual Section 6 6 Hydrostatic Test Requirements does not require the\ntemperature of the test medium or pipe to be recorded during the test period\n2. t)195. 402 Procedural manual for operations, maintenance, and emergencies.\n. . . (c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmamtenance and normal operations.\n. (10) Abandoning pipehne facilities, mcludmg safe disconnection from an\noperating pipehne system, purgmg of combustibles, and seahng abandoned\nfacdities left in place to minimize safety and environmental hazards. For each\nabandoned offshore pipehne facdity or each abandoned onshore pipehne facility\nthat crosses over, under or through commercially navigable waterways the last\noperator of that facihty must file a report upon abandonment of that facility in\naccordance with $195. 59 of this part.\nOM&E Manual Section 7 5 Abandonment or Deactivation of Facihties aud Form 102\nMarkWest Abandonment or Deactivation of Facilities are inadequate in that they do not\ndifferentiate between abandonment and deactivation Deactivation is not defined aud\nprocedures do not specify the conditions under which operation and/or maintenance\nrequirements, such as leak surveys, cathoChc protection, pubhc awareness programs,\netc, can be terminated on deactivated pipelmes\n(1195. 402 Procedural manual for operations, maintenance, and emergencies.\n. . . (c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n. . . (13) Periodically reviewmg the work done by operator personnel to determine\nthe effectiveness of the procedures used in normal operation and maintenance and\ntalung corrective action where deficiencies are found.\nMarkWest procedures do not address the requirement to determine the effect(veness of\n9 d . 4 d 1!(193402()(13) OM&E M 1 9 I 79 7 g\nconveys the followtug\nOnce per year and at intervals not to exceed fifteen months, MarkWest shall evaluate\nthe program's effect(veness m achieving its oblectfves by reviewing personnel\nperformance Make any appropmate changes to the trammg program as necessary to\nensure its effectiveness\n\n\n\n4. ('l195. 402 Procedural manual for operahons, maintenance, and emergencies.\n. . . (e) Emergencies. The manual required by paragraph (a) of this section must\nmclude procedures for the following to provide safety when an emergency\ncondition occurs;\n. . . (3) Having personnel, equipment, instruments, tools, and material avadable as\nneeded at the scene of an emergency\nMarkWest procedures do not require personnel to have hand tools and flame retardant\nclothing available at the scene of an emergency These items are necessary, based on\nconversation with MarkWest employees\n5. (t195. 402 Procedural manual for operations, mamtenance, and emergencies.\n(e) Emergencres. The manual required by paragraph (a) of this section must\nmclude procedures for the following to provide safety when an emergency\ncondition occurs,\n. . . (8) In the case of fadure of a pipehne system transporting a highly volatile\nliquid, use of appropriate mstruments to assess the extent and coverage of the\nvapor cloud and determine the hazardous areas.\nMarkWest procedures do not adequately address the requirement to assess the extent\nand coverage of a vapor cloud and determine the hazardous areas OM&E Manual\nSection 5 1 5 (b) requires the use of detection instruments to determine the\nconcentration of HVL vapors in the area, but does not provide adequate detiuls on how\ntins will be done MarkWest procedures does not address how to determine the potential\ncloud location, size, dispersion, and movement so that a monitonng plan with\ninsixuments can be developed and implemented to identify the cloud coverage and\nhazard areas Use of information such as terram elevations, underground drainage\nsystems, weather and wind information, spdl volume, and length of time since release\nare not mcluded in the procedures The number of available detection instruments and\npersonnel should reflect the reqmrements of the plan Below is an excerpt from OM&E\nManual Section 5 1 5 (b)\n2 combustrble gas mdrcator or \"flame romzatron gas detector\" shall be used by a\nqualrflied Marks'est employee to determine the concentratron of HVL vapors m the\narea ln the mstance where flammable highly volatile liqurds are present, the supervisor\nshall use an \"explosrmeter\" to determme the extent and coverage of the vapor cloud\nand determine the hazardous areas\n('t195. 402 Procedural manual for operahons, maintenance, and emergencies.\n. . . (c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n\n\n\n. . . (3) Operating, maintaining, and repairing the pipehne system m accordance\nwith each of the requirements of this subpart and subpart H of this part.\n(1195. 408 Communications\n(b) The communication system required by paragraph (a) of this section\nmust, as a minimum, include means for:\n. . . (3) Conductmg two-way vocal communication between a control center\nand the scene of abnormal operations and emergencies . .\nA. The Kenova cell phone number is not hsted on the Kenova emergency call list\n(OM&E Manual Section 11 2 2) The number was recommended to be distributed in a\n2004 Abnormal Condition Review\n(1195. 426 Scraper and sphere facilities\nNo operator may use a launcher or receiver that is not equipped with a\nrelief device capable of safely relievmg pressure in the barrel before\nmsertion or removal of scrapers or spheres The operator must use a\nsuitable device to mdicate that pressure has been reheved m the barrel or\nmust provide a means to prevent msertion or removal of scrapers or\nspheres if pressure has not been relieved m the barrel.\nB. MarkWest procedures do not adequately address the reqmrements of $195 426, as\nindicated m the following excerpt from OM&E Manual Section 7 11 The excerpt only\napphes to launchers and receivers with vent valves, whereas $195 426 apphes to all\nlaunchers and receivers Also, allowing personnel to monitor the vent valve for audible\nand visual mdications to insure the pressure has been reheved before openmg the barrel\nto install or remove scrapers or spheres does not satisfy the requirement to use a suitable\ndevice, such as a pressure gauge, to indicate that pressure has been reheved\nFor pipelmes havmg scraper and sphere launchmg and receiving facthttes with vent\nvalves to depressurtze the barrel, operators shall either momtor the vent valve for\naudible and visual mdications, or install and observe pressure readmgs on a pressure\ngauge, to insure the pressure has been reheved before opemng the barrel to mstall or\nremove scrapers or spheres\n(1195. 430 Firefighting equipment.\nEach operator shall maintain adequate firefighttng equipment at each\npump station and breakout tank area. The equipment must be-\n(a) In proper operahng condihon at all times;\n(b) Plainly marked so that its identity as firefighting equipment is clear;\nand\n(c) Located so that it is easily accessible during a fire.\nC. MarkWest procedures do not require adequate fire fighting equipment to be\nmaintained at Kenova pump station, as required of 195 430\n\n\n\n(l195. 444 CPM leak detection\nEach computational pipehne monitonng (CPM) leak detection system\ninstalled on a hazardous hquid pipeline transporting liquid in single phase\n(without gas m the hquid) must comply with API 1130 in operatmg,\nmaintaming, testing, record keeping, and dispatcher training of the system.\nD. MarkWest procedures are not adequately descnptive OM&E Manual Section 6 I\nmimics the regulations, does not convey that MarkWest's recently installed SCADA\nsystem is a CPM system, and does not state the apphcable requirements of the\nreferenced section of API 1130 Excerpt from OM&E Manual Section 6 11 is hsted\nbelow\nThis section applies to each hazardous hquid pipelme transportmg hquid in smgle\nphase (without gas m the liquid) On such systems, each new computational pipelme\nmomtoring (CPM) leak detection system and each replaced component of an existing\nCPM system shall comply with Section 4 2 of API 1130 m its design and with any other\ndesign cntena addressed in API 1130 for components of the CPM leak detection\nsystem\ntt195 559 What coating material may I use for external corrosion controlo\nCoating material for external corrosion control under t'l195. 557 must-\n(a) Be designed to mitigate corrosion of the buried or submerged pipeline;\n(b) Have sufficient adhesion to the metal surface to prevent under film\nmigration of moisture;\n(c) Be sufficiently ductile to resist cracking;\n(d) Have enough strength to resist damage due to handhng and sod stress;\n(e) Support any supplemental cathodic protection; and\n(I) If the coating is an insulating type, have low moisture absorption and\nprovide high electrical resistance.\nE. External protective coatmg procedures (OM&E Manual Sections 647 and 9 3)\nmimic the regulations, are very general, and do not provide a hst of approved coating\nproducts and stated applications and restrictions OM&E Manual Section 9 3 allows for\ncoatings to be such as 'thm film epoxy\", TGF-3, or any other acceptable coatmg\nJomts, fittmgs, and tie-ms shall be coated with materials compatible with the coating\non the pipe \"\n('1195. 573 What must I do to monitor external corrosion control\"\n(a) Protected pipelines. You must do the followmg to determine whether\ncathodic protection required by this subpart complies with 11195. 571:\n\n\n\n. . . (2) Identify before December 29, 2003 or not more than 2 years after\ncathodic protection is installed, whichever comes later, the circumstances in\nwhich a close-interval survey or comparable technology is practicable and\nnecessary to accomphsh the ob)ecttves of paragraph 10 1. 1. 3 of NACK\nStandard RP0169-96 (incorporated by reference, see\n(t195. 3)\nF. MarkWest procedures do not convey the circumstances in winch a close-interval\nsurvey or comparable technology is practicable and necessary to accomplish the\nobjectives of paragraph 10 1 1 3 of NACE Standard RP0169-96 For protected pipehnes,\nOM&E Manual Section 9 2 2 indicates the ob]ecttves of NACE Standard RP0169-96\n$10 1 1 3 are to be met not more than two years after cathodic protection is mstalled No\napplicable identified circumstances are found in the procedures\n(t195. 573 What must I do to monitor external corrosion control?\n. . . (b) Unprotected pipe. You must reevaluate your unprotected buried or\nsubmerged pipe and cathodically protect the pipe m areas in which active\ncorrosion is found, as follows:\n(1) Determine the areas of active corrosion by electrical survey, or where an\nelectrical survey is impractical, by other means that include review and\nanalysis of leak repair and inspection records, corrosion monitoring\nrecords, exposed pipe inspection records, and the pipeline environment.\nSelected definitions &om (t195. 553 What special definitions apply to this\nsubpart\"\nActive corrosion means contmuing corrosion which, unless controlled, could\nresult in a condition that is detrimental to public safety or the environment.\nElectrical survey means a series of closely spaced pipe-to-sod readings over\na pipehne that are subsequently analyzed to identify locations where a\ncorrosive current is leaving the pipelme.\nG. MarkWest procedures are not specific in how MarkWest determines areas of active\ncorrosion Procedures do not convey ~secific cntena used in deternumng the areas where\nactive corrosion, unless controlled, could result in a condition that is detrimental to\npubhc safety The procedures convey that consideration should be given to those areas\nnear people, homes, budihngs, road crossings, and pipeline operating pressures, and that\nboundanes of Active Corrosion Zones will be determined, however, no specific cntena\nwas found as to how these areas are estabhshed\nExcerpts from OM&E Manual Section 3 1 Definitions\nActive Corrosion — Continutng corrosion, which could, unless controlled, result in a\ncondition that is detrimental to pubhc safety Consideration should be given to those\nareas near people, homes, buildings, road crossings, and pipeline operating pressures\nActive Corrosion Zone — An area where the pubhc could be exposed to hazards caused\nby active corroston Boundanes of other \"Active Corrosion Zones\" wtll be deterintned\nby an Engineermg Services Prpeltne/CorrostonlPtpehne Safety Engineer This method\nwill not apply to pipehnes under cathodic protection\n\n\n\nIt195. 573 What must 1 do to monitor external corrosion controlo\n. . (e) Correct~re action. You must correct any identified deficiency m\ncorrosion control as required by tj195. 401(b)\ntj195. 401 General requirements.\n(b) Whenever an operator discovers any condition that could adversely\naffect the safe operation of its pipeline system, it shall correct it withm a\nreasonable time. . . .\nH. MarkWest procedures do not convey the time allowed to correct a condition (that\ncould adversely affect the safe operation of the pipehne) discovered while performing\nannual corrosion monitoring surveys OM&E Manual Section 9121 conveys If\nadequate protection ts not indicated, correcttve steps shall be taken to restore the\nstructure to the proper degree of protect~on Procedures do not address how much time\nis allowed to correct the condition\n7 It195. 505 Qualdication program\nEach operator shall have and follow a written quahfication program. The\nprogram shall include provisions to:\n. . . (b) Ensure through evaluation that individuals performmg covered tasks are\nqualified,\ntj195. 509 General\n. . . (e) After December 16, 2004, observation of on-the-job performance\nmay not be used as the sole method of evaluation.\nA. MarkWest's Operator Quahfication Program (rev January, 2005) does not include\nprovisions to ensure through evaluauon that individuals performing covered tasks\nare quahfied The program does not convey that after December 16, 2004,\nobservation of on-the-Job performance may not be used as the sole method of\nevaluation\n. . . (h) After December 16, 2004, provide trainmg, as appropriate, to ensure that\nmdividuals performing covered tasks have the necessary knowledge and slulls to\nperform the tasks in a manner that ensures the safe operation of pipehne facdities .\nB. MarkWest's Operator Quahfication Program (rev January, 2005) does not include\nprovisions for training, as appropnatc, as required of II195 505(h)\n(i) After December 16, 2004, notify the Administrator or a state agency\nparticipating under 49 U. S. C Chapter 601 if the operator significantly modifies\nthe program after the Admmistrator or state agency has verified that it comphes\nwith this section.\n\n\n\nC. MarkWest's Operator Quahfication Program (rev January, 2005) does not include\nprovisions to notify the Admiiustrator or a state agency as reqmred of tt195 505(i)\nRes onse to this Notice\nThis Notice is provided pursuant to 49 U S C ) 60108(a) and 49 C F R IJ 190 237 Enclosed\nas part of this Notice is a document entitled Response Opt~one for Pipelme Operators in\nCompliance Proceedmgs Please refer to ttus document and note the response options Be\nadvised that all material you submit in response to this enforcement action is sub)ect to being\nmade publicly available If you beheve that any portion of your responsive material quahfies\nfor confidential treatment under 5 U S C 552(b), along with the complete onginal document\nyou must provide a second copy of the document with the portions you believe quahfy for\nconfidential treatment redacted and an explanation of why you beheve the redacted information\nquahfies for confidential treatment under 5 U S C 552(b) If you do not respond vntlun 30\ndays of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipehne Safety to find facts as\nalleged in this Notice without further notice to you and to issue a Final Order\nIf, after opportunity for a hearmg, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C F R $ 190 237) If you are not contesting this Notice, we propose that you submit your\namended procedures to my office witlun 60 days of receipt of tins Notice This period may be\nextended by wntten request for good cause Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed\nIn correspondence concermng this matter, please refer to CPF 2-2007-5004M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible\nSincerely,\nLinda Daugherty\nDirector, Southern Region\nPipehne and Hazardous Materials Safety Administration\nEnclosure Response Options for Pipelme Operators m Comphance Proceedmgs","truncated":false,"body_characters":20079}