{"operation":"document","citation":"CPF 220136004","title":"MCCAIN PIPELINE COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-06-05","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.402(a), 195.404(a)(1), 195.406(a)(2), 195.406(b), 195.410(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220136004","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220136004","body":"Notice of Probable Violation involving MCCAIN PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.404(a)(1),  195.406(a)(2),  195.406(b),  195.410(a). The case was opened on 2013-06-05 and is reported as closed as of 2013-12-19. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220136004_Final Order_12192013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136004/220136004_Final%20Order_12192013.pdf\n\n220136004_Final Order_12192013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136004/220136004_Final%20Order_12192013_text.pdf\n\n220136004_nopv_pco_06052013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136004/220136004_nopv_pco_06052013.pdf\n\n220136004_nopv_pco_06052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136004/220136004_nopv_pco_06052013_text.pdf\n\n220136004_Operator Response_07312013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220136004/220136004_Operator%20Response_07312013.pdf\n\n220136004_Final Order_12192013_text.pdf\n\nDECEMBER 19, 2013\nMr. Mark Rauch\nPresident\nPipeline & Terminal Management Corporation\n4635 Southwest Freeway, Suite 910\nHouston, TX 77277-0415\nRe: CPF No. 2-2013-6004\nDear Mr. Rauch:\nEnclosed please find the Final Order issued in the above-referenced case. It makes findings of\nviolation and finds that Pipeline & Terminal Management Corporation and its subsidiary,\nMcCain Pipeline Company, have completed the actions specified in the Notice to comply with\nthe pipeline safety regulations. Therefore, this case is now closed. Service of the Final Order by\ncertified mail is deemed effective upon the date of mailing, or as otherwise provided under\n49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. Wayne Lemoi, Director, Southern Region, OPS\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nPipeline & Terminal ) CPF No. 2-2013-6004\nManagement Corporation, )\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn January 23, 2013, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS),\nconducted an on-site pipeline safety inspection of the facilities and records of McCain Pipeline\nCompany (MPC), a subsidiary of Pipeline & Terminal Management Corporation (PTMC or\nRespondent) in Mississippi. The pipeline facilities consist of a four-inch-diameter petroleum\ntransfer line running from the MPC Bulk Storage and Transfer facility in Lauderdale,\nMississippi, for a distance of approximately 5.5 miles to the Meridian Naval Air Station near\nMeridian, Mississippi.\n1\nAs a result of the inspection, the Director, Southern Region, OPS (Director), issued to\nRespondent, by letter dated June 5, 2013, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included a warning pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that PTMC’s subsidiary had\ncommitted various violations of 49 C.F.R. Part 195 and proposed ordering Respondent to take\ncertain measures to correct the alleged violations. The warning items required no further action,\nbut warned the operator to correct the probable violation or face possible enforcement action.\nPTMC responded to the Notice on behalf of MPC by letter dated July 31, 2013 (Response). The\ncompany did not contest the allegations of violation but provided information concerning the\ncorrective actions it had taken. Respondent did not request a hearing and therefore has waived\nits right to one.\n1 Pipeline Safety Violation Report (Violation Report), (June 5, 2013) (on file with PHMSA), at 1.\n\n\n\n2\nFINDINGS OF VIOLATION\nIn its Response, PTMC did not contest the allegations in the Notice that MPC violated 49 C.F.R.\nPart 195, as follows:\nItem 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.406(a)(2), which states:\n§ 195.406 Maximum operating pressure.\n(a) Except for surge pressures and other variations from normal\noperations, no operator may operate a pipeline at a pressure that exceeds\nany of the following:\n(1) The internal design pressure of the pipe determined in accordance\nwith §195.106. However, for steel pipe in pipelines being converted under\n§195.5, if one or more factors of the design formula (§195.106) are\nunknown, one of the following pressures is to be used as design pressure:\n(i) Eighty percent of the first test pressure that produces yield under\nsection N5.0 of appendix N of ASME B31.8, reduced by the appropriate\nfactors in §§195.106 (a) and (e); or\n(ii) If the pipe is 12 3⁄4 inch (324 mm) or less outside diameter and is\nnot tested to yield under this paragraph, 200 p.s.i. (1379 kPa) gage.\n(2) The design pressure of any other component of the pipeline.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.406(a)(2) by operating its pipeline\nat a pressure that exceeded the design pressure of a pipeline component. Specifically, the Notice\nalleged that MPC established a maximum operating pressure (MOP) of 225 psig for the pipeline,\nbut the system included two filters that were only rated for 150 psig.\nRespondent did not contest the allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.406(a)(2) by operating its\npipeline at a pressure that exceeded the design pressure of a pipeline component.\nItem 4: The Notice alleged that Respondent violated 49 C.F.R. § 195.406(b), which states:\n§ 195.406 Maximum operating pressure.\n(a) . . .\n(b) No operator may permit the pressure in a pipeline during surges or\nother variations from normal operations to exceed 110 percent of the\noperating pressure limit established under paragraph (a) of this section.\nEach operator must provide adequate controls and protective equipment to\ncontrol the pressure within this limit.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.406(b) by failing to provide\nadequate controls to control pressure within the pipeline’s maximum operating pressure limit.\nSpecifically, the Notice alleged that MPC did not install an over-pressure protection device\ndownstream of the custody transfer from Plantation Pipeline or otherwise ensure overpressure\nprotection for the MPC piping.\n\n\n\n3\nRespondent did not contest the allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 195.406(b) by failing to provide\nadequate controls to control pressure within the pipeline’s maximum operating pressure limit.\nThese findings of violation will be considered prior offenses in any subsequent enforcement\naction taken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Items 3 and 4 in the Notice for\nviolations of 49 C.F.R. § 195.406(a) and (b), respectively. Under 49 U.S.C. § 60118(a), each\nperson who engages in the transportation of hazardous liquids or who owns or operates a\npipeline facility is required to comply with the applicable safety standards established under\nchapter 601. The Director indicates that Respondent has taken the following actions specified in\nthe proposed compliance order:\n1. With respect to the violation of § 195.406(a) (Item 3), Respondent has revised its\nMOP for the piping receiving fuel from Plantation Pipeline to 150 psig, which does\nnot exceed the design pressure of any pipeline component.\n2. With respect to the violation of § 195.406(b) (Item 4), Respondent has developed\nand implemented a plan to monitor product receipt pressures from Plantation Pipeline\nand provide for shut-down and remedial action if the pressures should ever exceed\n125 psig.\nAccordingly, I find that compliance has been achieved with respect to these violations.\nTherefore, the compliance terms proposed in the Notice are not included in this Order.\nWARNING ITEMS\nWith respect to Items 1, 2, 5, and 6, the Notice alleged probable violations of Part 195 but did\nnot propose a civil penalty or compliance order for these items. Therefore, these are considered\nto be warning items. The warnings were for:\n49 C.F.R. § 195.410(a) (Item 1) ─ Respondent’s alleged failure to place and\nmaintain a sufficient number of line markers along the pipeline so that its location\nwas accurately known;\n49 C.F.R. § 195.402(a) (Item 2) ─ Respondent’s alleged failure to have written\nprocedures for identifying, maintaining, and operating the tank at the MPC Bulk\nStorage Facility as a regulated breakout tank;\n\n\n\n4\n49 C.F.R. § 195.406(b) (Item 5) ─ Respondent’s alleged failure to set the high-\npressure Mercoid switch downstream of the booster pumps to ensure that\npressures could not exceed 110% of MOP during a surge; and\n49 C.F.R. § 195.404(a)(1) (Item 6) ─ Respondent’s alleged failure to maintain\ncurrent maps and records identifying all portions of its pipeline facilities subject\nto the Part 195 regulations.\nPTMC presented information in its Response showing that MPC had taken certain actions to\naddress these cited items. If OPS finds a violation of any of these items in a subsequent\ninspection, Respondent may be subject to future enforcement action.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":9759}