{"operation":"document","citation":"CPF 220115003W","title":"MARKWEST RANGER PIPELINE COMPANY, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-03-14","effective_on":null,"summary":"CLOSED warning letter citing 195.507(b), 195.571.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220115003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220115003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220115003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220115003W","body":"Warning Letter involving MARKWEST RANGER PIPELINE COMPANY, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.507(b),  195.571. The case was opened on 2011-03-14 and is reported as closed as of 2011-03-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220115003W_warning letter_03142011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220115003W/220115003W_warning%20letter_03142011.pdf\n\n220115003W_warning letter_03142011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220115003W/220115003W_warning%20letter_03142011_text.pdf\n\n220115003W_warning letter_03142011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 14, 2011\nJohn C. Mollenkopf,\nSr. Vice President, COO\nMarkwest Energy Appalachia, LLC\n1515 Arapahoe Street, Tower 2, Suite 700\nDenver, CO 80202\nCPF 2-2011-5003W\nDear Mr. Mollenkopf:\nBetween November 29 and December 3, 2010, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) inspected Markwest Energy Appalachia, LLC\n(Markwest) procedures and records in Ashland, Kentucky and your pipeline facilities located\nin Kentucky and West Virginia, pursuant to Chapter 601 of 49 United States Code.\nAs a result of the inspection, it appears that Markwest has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected\nand the probable violations are:\n1. § 195.507 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n… (b) Records supporting an individual's current qualification shall be\nmaintained while the individual is performing the covered task. Records of prior\nqualification and records of individuals no longer performing covered tasks shall\nbe retained for a period of five years.\nMarkwest did not maintain records that demonstrated compliance with Part 195,\nSubpart G - Qualification of Pipeline Personnel. Markwest hired contract welders to\nperform welding (an OQ covered task) on the Transandy pipeline as part of the valve\nreconfiguration that was completed in 2008. At the time of the inspection, Markwest\ndid not provide records of prior qualification or records demonstrating how it ensured\nthrough evaluation that the contract welders performing covered tasks were OQ\nqualified.\n\n\n\n2. § 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\nthe applicable criteria and other considerations for cathodic protection contained\nin paragraphs 6.2 and 6.3 of NACE SP 0169 (incorporated by reference, see\n§195.3).\nMarkwest’s Operations, Maintenance and Emergencies Manual (OM&E) did not\nrequire compliance with the applicable criteria in NACE SP0169–2007. The\nMarkwest OM&E incorrectly referenced “the most current edition of the National\nAssociation of Corrosion Engineers (NACE) Standard RP0169-2002.” The federal\npipeline safety regulations incorporate by reference NACE SP0169–2007, not the\ncurrent version and not the 2002 edition.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of\n$1,000,000 for any related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct\nthe item(s) identified in this letter. Failure to do so will result in Markwest being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2011-5003W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n2","truncated":false,"body_characters":4437}