{"operation":"document","citation":"CPF 220076007M","title":"SOUTH WILMINGTON-PIPELINE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2007-04-18","effective_on":null,"summary":"CLOSED notice of amendment citing 195.214, 195.222, 195.226, 195.228, 195.230, 195.234(b), 195.302(a), 195.305(a), 195.402(c), 195.420(a), 195.555, 195.559, 195.56(b), 195.561, 195.567, 195.571, 195.573, 195.575, 195.581(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220076007m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220076007m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220076007m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220076007M","body":"Notice of Amendment involving SOUTH WILMINGTON-PIPELINE. PHMSA's enforcement data identifies the cited regulations as 195.214,  195.222,  195.226,  195.228,  195.230,  195.234(b),  195.302(a),  195.305(a),  195.402(c),  195.420(a),  195.555,  195.559,  195.56(b),  195.561,  195.567,  195.571,  195.573,  195.575,  195.581(b). The case was opened on 2007-04-18 and is reported as closed as of 2007-09-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220076007M_notice letter_04182007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220076007M/220076007M_notice%20letter_04182007.pdf\n\n220076007m_notice letter_04182007_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220076007M/220076007m_notice%20letter_04182007_text.pdf\n\n220076007M_Operator Response_06252007.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220076007M/220076007M_Operator%20Response_06252007.pdf\n\n220076007m_notice letter_04182007_text.pdf\n\nu 5 Department\nof Transportation\nPipeline and\nHazardous Materials Safety\nAdministration\n233 Peachtree Street Ste 600\nAtlanta, GA 30303\nNOTICE OF AMENDMENT\nCERTIFIED MAIL — RETURN RECEIPT RE UESTED\nApnl 18, 2007\nMr Dan McCunn\nGeneral Manager, East Terminals\nVopak Terminals, South Wdmington Pipeline\nCanada Inc\n5378 est, rue Notre Dame\nMontreal, Que H1M 2C4\nCPF 2-2007-6007M\nDear Mr McCunn\nOn November 28 - 30, 2005, a representative of the Pipeline and Hazardous Matenals Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected South\nWilmington (SW) Pipeline procedures for Operations and Maintenance in Wilmington, North\nCarolina\nPHMSA completed the initial draft report for tins inspection in December 2005 As a result, on\nDecember 29, 2005, PHMSA sent South Wdmington (SW) a \"request for information\" (RFI)\nletter to address procedure issues On March 14, 2006 PHMSA received response matenals\nfrom South Wilmington which included revised (1/31(2006 revision 3) sections of South\nWilmington's procedures PHMSA has completed its review of these materials On the basis of\nthis review, PHMSA has identified the apparent inadequacies found witlun South Wilmington's\nprocedures, as descnbed below\n11195. 56 Fding safety-related condition reports.\n(b) The report must be headed \"Safety-Related Condition Report\" and provide\nthe following information\n(5) Date condiaon was discovered and date condition was first determined to exist.\n(6) Location of condition, with reference to the State (and town, city, or county) or\nnumber, mdepost, landmark, or name of pipelme.\n\n\n\n(7) Description of the condition, mcluding circumstances leading to its discovery,\nany significant effects of the condition on safety, and the name of the commodity\ntransported or stored.\n(8) The corrective action taken (includmg reduction of pressure or shutdown)\nbefore the report is submitted and the planned follow-up or future corrective\naction, including the anticipated schedule for starting and concludmg such\naction.\nIn section 6 3 2B of SW's O&M manual, sections addressing 195 56(b)\n(5-8) were missing\nI'l195. 214 Welding procedures\n(a) Welding must be performed by a qualified welder in accordance with weldmg\nprocedures qualified under Section 5 of API 1104 or Section IX of the ASME\nBoiler and Pressure Vessel Code (incorporated by reference, see (l 195. 3). The\nquality of the test welds used to quahfy the welding procedure shall be determined\nby destructive testing.\n(b) Each weldmg procedure must be recorded m detad, including the results of the\nqualifying tests. This record must be retained and followed whenever the\nprocedure is used\nWeldiug procedures requiring quahfication in accordance with API or ASME along\nwith specific sections and edktious are missing\nWelding procedures must be \"recorded\" iu detail \"including results of qualifying tests\"\nThe SW procedures only specifies that destructive tests (not quahfying) should be\navailable whenever procedure is in use\n$195. 222 Welders: Quahfication of welders.\n(a) Each welder must be quahfied in accordance with section 6 of API 1104\n(incorporated by reference, see $195. 3) or sechon IX of the ASME Boder and\nPressure Vessel Code, (incorporated by reference, see $195. 3) except that a welder\nquahfied under an earher edition than listed in I'l195 3 may weld but may not re-\nquahfy under that earher edition.\n(b) No welder may weld with a welding process unless, within the preceding 6\ncalendar months, the welder has—\n(1) Engaged in weldmg with that process; and\n(2) Had one welded tested and found acceptable under section 9 of API 1104\n(incorporated by reference, see ('l195. 3).\nThe SW's procedures do not adequately address this regulation\n4 ('l195. 226 Weldmg: Arc burns.\n(a) Each arc burn must be repaired.\n(b) An arc burn may be repaired by completely removmg the notch by gnnding, if\nthe grmding does not reduce the remaining wall thickness to less than the\n\n\n\nminimum thickness required by the tolerances in the specification to which the\npipe is manufactured. If a notch is not repairable by gnnding, a cyhnder of the\npipe containing the enure notch must be removed.\n(c) A ground may not be welded to the pipe or fitting that is bemg welded.\nSW*s procedures do not address regulation sections (a) and (c) In addition, the\nprocedures do not address venfication of removal of arc burns by NDT and\nremoval of pipe section when the notch is not repairable by gnnding\n$195. 228 Welds and welding inspection: Standards of acceptabihty.\n(a) Each weld and weldmg must be inspected to insure comphance with the\nrequirements of this subpart. Visual inspection must be supplemented by\nnondestructive testing.\n(b) The acceptabdity of a weld is determined according to the standards in Section\n9 of API 1104. However, if a girth weld is unacceptable under those standards for\na reason other than a crack, and if Appendix A to API 1104 (mcorporated by\nreference, see t'I 195. 3) applies to the weld, the acceptabdity of the weld may be\ndetermined under that appendLx.\nSW's procedures do not adequately address ttus regulation\ntt195. 234 Welds: Nondestructive testing.\n(b) Any nondestructive testing of welds must be performed—\n(I) In accordance with a written set of procedures for nondestructive testing; and\n(2) With personnel that have been trained in the established procedures and in the\nuse of the equipment employed in the testing.\nSW's procedures do not adequately address tlus regulation sections (b) (I) and (b) (2)\ntl195. 230 Welds: Repair or removal of defects.\n(a) Each weld that is unacceptable under tt195. 228 must be removed or repaired.\nExcept for welds on an offshore pipehne bemg installed from a pipe lay vessel, a\nweld must be removed if it has a crack that is more than 8 percent of the weld\nlength\n(b) Each weld that is repaired must have the defect removed down to sound metal\nand the segment to be repaired must be preheated if conditions exist which would\nadversely affect the quahty of the weld repair. After repair, the\nsegment of the weld that was repaired must be inspected to ensure its acceptabdity.\n(c) Repair of a crack, or of any defect in a previously repaired area must be in\naccordance with written weld repair procedures that have been quahfied under\ntt195. 214. Repair procedures must provide that the minimum mechanical\nproperties specified for the welding procedure used to make the original weld are\nmet upon completion of the final weld repair\nSW's procedures do not adequately address this regulation\n\n\n\n(1195. 302 General requirements.\n(a) Except as otherwise provided in this section and in t'1195. 305(b), no operator\nmay operate a pipehne unless it has been pressure tested under this subpart\nwithout leakage In addition, no operator may return to service a segment of\npipehne that has been replaced, relocated, or otherwise changed untd it has been\npressure tested under this subpart without leakage\nSW's procedures do not adequately address tlus regulation\nt'1195. 305 Testing of components.\n(a) Each pressure test under ('1195. 302 must test all pipe and attached fittings,\nincludmg components, unless otherwise permitted by paragraph (b) of this section.\nOperator makes general statement \"under Testing of Components\" section indicating\nall pipe and attached fittings, mcludiug components are required to be tested SW\nprocedures do not require testing in accordance with 49CFR part 195 302\n10. (1195. 402 Procedural manual for operations, maintenance, and emergencies\n(c) Mamtenance otid normal operations. The manual required by paragraph (a) of\nthis section must mclude procedures for the following to provide safety during\nmaintenance and normal operations:\n(7) Starting up and shutting down any part of the pipehne system in a manner\ndesigned to assure operation within the hmits prescribed by paragraph $195. 406,\nconsider the hazardous hquid or carbon dioxide in transportation, variations in\naltitude along the pipelme, and pressure monitoring and control devices.\n(10) Abandonmg pipehne facdities, mcluding safe disconnection from an operatmg\npipeline system, purging of combustibles, and seahng abandoned facfliues left in\nplace to minimize safety and environmental hazards. For each abandoned\noffshore pipeline facility or each abandoned onshore pipehne facflity that crosses\nover, under or through commercially navigable waterways the last operator of that\nfacihty must file a report upon abandonment of that facdity in accordance with\n$195. 59 of this part.\n(11) Minimizing the likehhood of accidental ignition of vapors in areas near\nfacdities identifled under paragraph (c)(4) of this section where the potential exists\nfor the presence of flammable hquids or gases.\nSW did uot provide detailed startup shutdown procedures SW procedures dot not\nadequately address regulation section (c) (10) or minimization of accidental ignition\nfor immediate response areas\n11. $195. 420 Valve maintenance.\n(a) Each operator shall maintain each valve that is necessary for the safe operation\nof its pipehne systems in good worlung order at all times.\nSW's procedures do not adequately address this regulation\n\n\n\n12. g 195. 555 What are the quahfications for supervisors\"\nYou must require and verify that supervisors maintain a thorough knowledge of\nthat portion of the corrosion control procedures estabhshed under t'l195. 402(c)(3)\nfor which they are responsible for msurmg comphance.\nSW's procedures do uot adequately address this regulation\n13. (l 195. 559 What coating material may I use for external corrosion control?\nCoating material for external corrosion control under tl195. 557 must-\n(a) Be designed to mitigate corrosion of the buried or submerged pipehne,\n(b) Have sufficient adhesion to the metal surface to prevent under film migrahon\nof moisture;\n(c) Be sufficiently ductde to resist cracking;\n(d) Have enough strength to resist damage due to handling and soil stress;\n(e) Support any supplemental cathodic protection; and\n(I) If the coating is an msulating type, have low moisture absorption and provide\nhigh electrical resistance.\nSW's procedures do uot adequately address this regulation SW did provide procedures\non type of coating to be used on new pipe, dependent on temperature conditions\n14. t'l195, 561 When must I inspect pipe coating used for external corrosion controlo\n(a) You must mspect all external pipe coating required by tt195. 557 lust prior to\nlowenng the pipe mto the ditch or submergmg the pipe\n(b) You must repair any coating damage discovered.\nSW's procedures do not adequately address this regulation\n15. $195. 567 Which pipehnes must have test leads and what must I do to mstall and\nmaintain the leads?\n(b) Installation. You must install test leads as follows:\n(1) Locate the leads at intervals frequent enough to obtain electrical measurements\nindicating the adequacy of cathodic protection.\n(2) Provide enough looping or slack so backfillmg will not unduly stress or break\nthe lead and the lead wdl otherwise remam mechanically secure and electrically\nconductive.\n(3) Prevent lead attachments from causmg stress concentrations on pipe.\n(4) For leads mstalled in conduits, suitably msulate the lead from the conduit.\n(5) At the connection to the pipehne, coat each bared test lead wire and bared\nmetalhc area with an electrical insulating material compatible with the pipe\ncoating and the msulation on the wire.\n(c) Mamtenance. You must maintain the test lead wires in a condihon that enables\nyou to obtain electrical measurements to determine whether cathodic protection\ncomplies with g 195 571.\n\n\n\nAlthough SW procedures indicate a contractor will install test leads, SW is ultimately\nresponsible for the adequacy and effectiveness of the test leads SW procedures should\nidentify how it wdl estabhsh effective test lead spacing and how it will maintain the test\nleads\n16. $195. 571 What criteria must I use to determine the adequacy of cathodic\nprotection\"\nCathodic protection required by this subpart must comply with one or more of the\napphcable criteria and other considerations for cathodic protechon contained in\nparagraphs 6. 2 and 6 3 of NACE Standard RP 0169 (mcorporated by reference,\nsee t'l 195. 3).\nSW's procedures do not adequately address with this regulation ln addition, SW's\nprocedures specified that cathodic protection for the company's buried pump station\npiping wall be in accordance with Exxon Mobil global practices\n17. t'l195. 573 What must I do to monitor external corrosion controls\n(a) Protected papelines. You must do the following to determine whether cathodic\nprotection required by this subpart comphes with $195. 571:\n(2) Identify not more than 2 years after cathodic protection is installed, the\ncircumstances in which a close-interval survey or comparable technology is\npracticable and necessary to accomplish the oblectives of paragraph 10. 1. 1. 3 of\nNACE Standard RP 0169 (incorporated by reference, see g 195. 3).\n(e) Corrective action. You must correct any identified deficiency in corrosaon\ncontrol as required by t'l195. 401(b). However, if the deficiency involves a pipehne\nin an mtegnty management program under g 195 452, you must correct the\ndeficiency as required by tl195. 452(h).\nSW's procedures do not adequately address regulation section (a) (2) and (e)\n18. (l195. 575 Which facdities must I electrically isolate and what inspections, tests, and\nsafeguards are requiredo\n(a) You must electrically isolate each buried or submerged pipeline from other\nmetalhc structures, unless you electrically interconnect and cathodically protect\nthe pipehne and the other structures as a single unit.\n(d) If you install an msulating device in an area where a combustible atmosphere is\nreasonable to foresee, you must take precautions to prevent arcing.\n(e) If a pipeline is m close proximity to electrical transmission tower footings,\nground cables, or counterpoise, or in other areas where it is reasonable to foresee\nfault currents or an unusual risk of lightning, you must protect the pipeline against\ndamage from fault currents or hghtning and take protective measures at insulatmg\ndevices.\nSW's procedures do not adequately address regulation section (a) (d) and (e)\n\n\n\n19. $195 581 Which pipehnes must I protect against atmospheric corrosion and what\ncoatmg material may I use?\n(b) Coating material must be suitable for the prevention of atmospheric corrosion\nSW's procedures do not adequately address this regulation\nRes onse to tlus Notice\nThis Notice is provided pursuant to 49 U S C tt 60108(a) and 49 C F R I't 190 237 Enclosed\nas part of this Notice is a document entitled Response Options for Pipehne Operators m\nCoinphance Proceedmgs Please refer to this document and note the response options Be\nadvised that all material you submit in response to this enforcement action is subiect to being\nmade pubhcly available If you believe that any portion of your responsive matenal quahfies\nfor confidential treatment under 5 U S C 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you beheve quahfy for\nconfidential treatment redacted and an explanation of why you believe the redacted information\nquahfies for confidential treatment under 5 U S C 552(b) If you do not respond within 30\ndays of receipt of tlus Notice, this constitutes a waiver of your nght 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 heanng, 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 I'1 190 237) If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 45 days of receipt of tlus Notice This penod may be\nextended by wntten request for good cause Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action wdl be closed\nIn correspondence concerning this matter, please refer to CPF 2-2007-6007M and, for each\ndocument you submit, please provide a copy in electromc format whenever possible\nLinda Daugherty\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure Response Options for Pipehne Operators m Comphance Proceedmgs","truncated":false,"body_characters":17427}