{"operation":"document","citation":"CPF 220140014W","title":"STARRETT BUILDING CO (17263) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-08-11","effective_on":null,"summary":"CLOSED warning letter citing 192.1015(a), 192.11(b), 192.465(d), 192.605(a), 192.614(a), 192.615(a), 192.625(f)(1), 192.625(f)(2), 192.721(b)(2), 192.809(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220140014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220140014W","body":"Warning Letter involving STARRETT BUILDING CO (17263). PHMSA's enforcement data identifies the cited regulations as 192.1015(a),  192.11(b),  192.465(d),  192.605(a),  192.614(a),  192.615(a),  192.625(f)(1),  192.625(f)(2),  192.721(b)(2),  192.809(a). The case was opened on 2014-08-11 and is reported as closed as of 2014-08-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220140014W_warning letter_08112014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140014W/220140014W_warning%20letter_08112014.pdf\n\n220140014W_warning letter_08112014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220140014W/220140014W_warning%20letter_08112014_text.pdf\n\n220140014W_warning letter_08112014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 11, 2014\nMr. Jeff Biegelsen\nOwner & President\nStarrett Building Company\n740 South Andrews Avenue\nFort Lauderdale, FL 33316\nCPF 2-2014-0014W\nDear Mr. Biegelsen:\nOn June 23-27, 2014, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, Office of Pipeline Safety, pursuant to Chapter\n601 of 49 United States Code, inspected the Starrett Building Company (Starrett) liquefied\npetroleum gas (LPG) facilities and records in Ft. Lauderdale and Hollywood, Florida.\nAs a result of the inspection, it appears that Starrett has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are as follows:\n1. §192.11 Petroleum gas systems.\n… (b) Each pipeline system subject to this part that transports only petroleum gas or\npetroleum gas/air mixtures must meet the requirements of this part and of\nANSI/NFPA 58 and 59.1\nStarrett did not operate its LPG pipeline system to meet the requirements of Part 192 and\nANSI/NFPA 58. Section 6.14 in NFPA 58 (2004 Edition) requires all metallic equipment\nand components to be coated or protected to minimize corrosion.\n1 Part 192 currently incorporates by reference NFPA 58 (2004) “Liquefied Petroleum Gas (LP – Gas Code)” and\nNFPA 59 (2004) “Utility LP-Gas Plant Code.”\n\n\n\nA review of Starrett’s records showed that it took cathodic protection tank-to-soil readings\non several of its buried metallic storage tanks in September 2012 and in December 2013.\nThese readings ranged from - 439 mV to - 823 mV. None of the readings met the criteria\nfor minimum cathodic protection contained in 49 CFR Part 192, Appendix D.2\n2. § 192.465 External corrosion control: Monitoring.\n... (d) Each operator shall take prompt remedial action to correct any deficiencies\nindicated by the monitoring.\nStarrett did not take prompt remedial action to correct external corrosion control\ndeficiencies identified by its monitoring. Starrett identified many low3 pipe-to-soil\nreadings during its cathodic protection surveys conducted in 2012 and 2013 as shown in\nTable 1. All readings shown in the table fail to meet the criteria for cathodic protection\ncontained in the federal pipeline safety regulations. Yet, at the time of the PHMSA\ninspection, Starrett had not taken any remedial actions to correct these deficiencies.\nCity Building Address Unit Date & Reading\nHollywood 2335 McClellan Street Collins 9/12/12 -337 mV\n12/10/13 -333 mV\nHollywood 2327 McClellan Street Collins 9/12/12 -339 mV\n12/10/13 -336 mV\nHollywood 2319 McClellan Street Collins 9/12/12 -227 mV\n12/10/13 -296 mV\nHollywood 2310 McClellan Street Barton 9/11/12 -369 mV\n12/9-10/13 -320 mV\nHollywood 2318 McClellan Street Barton 9/11/12 -383 mV\n12/9-10/13 -300 mV\nHollywood 2334 McClellan Street Barton 9/11/12 -377 mV\n12/9-10/13 -344 mV\nHollywood 2335 Charleston Street Barton 9/11/12 -627 mV\n12/9-10/13 -733 mV\nFt. Lauderdale 1444 NW 3rd Street Alden\nHotel\n9/6/12 -353 mV\n12/3/13 -271 mV\nFt. Lauderdale 1440 NW 3rd Street Alden\nHotel\n9/6/12 -671 mV\n12/3/13 -635 mV\nFt. Lauderdale 1521 NW 3rd Street Alden\nManor\n9/5/12 -627 mV\n12/2-3/13 -318 mV\nFt. Lauderdale 1510 NW 3rd Street Alden\nManor\n9/5/12 -763 mV\n12/2-3/13 -322 mV\nFt. Lauderdale 1370 NW 3rd Street Alden\nManor\n9/5/12 -459 mV\n12/2-3/13 -411 mV\nFt. Lauderdale 2204 NW 9th Street Lenox\nHotel\n9/6/12 -699 mV\n11/27/13 -453 mV\n2 The criteria for cathodic protection are contained in 49 CFR Part 192, Appendix D. The criteria being\nreferenced in this letter is negative (cathodic) voltage of at least 850mV with reference to a saturated copper-\ncopper sulfate half-cell. Accordingly, a “low” p/s reading is a reading less negative than 850mV.\n3 IBID\n2\n\n\n\n3. §192.605 Procedural manual for operations, maintenance and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual of\nwritten procedures for conducting operations and maintenance activities and for\nemergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed and\nupdated by the operator at intervals not exceeding 15 months, but at least one each\ncalendar year. This manual must be prepared before operations of a pipeline system\ncommence. Appropriate parts of the manual must be kept at locations where\noperations and maintenance activities are conducted.\nStarrett did not review and update its manual of written procedures for conducting\noperations and maintenance activities and for emergency response at intervals not\nexceeding 15 months, but at least one each calendar year. The written procedures manual\npresented to the PHMSA inspectors at the operator’s field office was dated 1997 and had\nnot been updated for many years. Moreover, it did not contain operations, maintenance,\nand emergency response procedures specific to Starrett’s LPG system.\n4. §192.614 Damage Prevention Program.\n(a) Except as provided in paragraphs (d) and (e) of this section, each operator of a\nburied pipeline must carry out, in accordance with this section, a written program to\nprevent damage to that pipeline from excavation activities. For the purposes of this\nsection, the term “excavation activities” includes excavation, blasting, boring,\ntunneling, backfilling, the removal of aboveground structures by either explosive or\nmechanical means, and other earthmoving operations.\nStarrett did not present records to demonstrate that it had a written program to prevent\ndamage its LPG pipeline system from excavation activities.\n5. §192.615 Emergency Procedures.\n(a) Each operator shall establish written procedures to minimize the hazard\nresulting from a gas pipeline emergency.\nStarrett did not present records to demonstrate that it had emergency procedures for its\nLPG pipeline system.\n6. §192.625 Odorization of gas.\n... (f) To assure the proper concentration of odorant in accordance with this section,\neach operator must conduct periodic sampling of combustible gases using an\ninstrument capable of determining the percentage of gas in air at which the odor\nbecomes readily detectable. Operators of master meter systems may comply with\nthis requirement by-\n(1) Receiving written verification from their gas source that the gas has the proper\nconcentration of odorant; and\n(2) Conducting periodic \"sniff\" tests at the extremities of the system to confirm that\nthe gas contains odorant.\n3\n\n\n\nStarrett did not assure the proper concentration of odorant by conducting periodic\nsampling of combustible gases using an instrument4 capable of determining the\npercentage of gas in air at which the odor becomes readily detectable.\n7. §192.721 Distribution systems: Patrolling.\n… (b) Mains in places or on structures where anticipated physical movement or\nexternal loading could cause failure or leakage must be patrolled -\n… (2) Outside business districts, at intervals not exceeding 7 1/2 months, but at least\ntwice each calendar year.\nStarrett did not present records to show it had patrolled its distribution system outside\nbusiness districts at intervals not exceeding 7½ months, but at least twice each calendar\nyear.\n8. §192.809 General\n(a) Operators must have a written qualification program by April 27, 2001. The\nprogram must be available for review by the Administrator or by a state agency\nparticipating under 49 U.S.C. Chapter 601 if the program is under the authority of\nthat state agency.\nStarrett did not present records to show it had a written qualification program.\n9. §192.1015 What must a master meter or small liquefied petroleum gas (LPG)\noperator do to implement this subpart?\n(a) General. No later than August 2, 2011 the operator of a master meter system or\na small LPG operator must develop and implement an IM program that includes a\nwritten IM plan as specified in paragraph (b) of this section. The IM program for\nthese pipelines should reflect the relative simplicity of these types of pipelines.\nStarrett did not present records to show it had a written IM Program.\nUnder 49 United States Code, § 60122, Starrett Building Company is subject to a civil\npenalty not to exceed $ 200,000 per violation per day the violation persists up to a maximum\nof $2,000,000 for a related series of violations. For violations occurring prior to\nJanuary 4, 2012, the maximum penalty may not exceed $100,000 per violation per day, with a\nmaximum penalty not to exceed $1,000,000 for a related series of violations. We have\nreviewed the circumstances and supporting documents involved in this case and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time.\nWe advise you to correct the items identified in this letter. Failure to do so will result in the\nStarrett Building Company being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2014-0014W. 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),\n4 Since Starrett was not operating a master meter system, the only acceptable method of complying was to use an\ninstrument capable of determining the percentage of gas in air at which the odor becomes readily detectable.4\n\n\n\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\nCC: Georges Drainville\nOperations Manager\n318 NW 17th Avenue\nFort Lauderdale, FL 33311\n5","truncated":false,"body_characters":10726}