{"operation":"document","citation":"CPF 220200001W","title":"CALKINS LP GAS CO (22735) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-08-31","effective_on":null,"summary":"CLOSED warning letter citing 192.463(a), 192.513(a), 192.513(c), 192.725(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220200001w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220200001w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220200001w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220200001W","body":"Warning Letter involving CALKINS LP GAS CO (22735). PHMSA's enforcement data identifies the cited regulations as 192.463(a),  192.513(a),  192.513(c),  192.725(b). The case was opened on 2020-08-31 and is reported as closed as of 2020-08-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220200001W_Warning Letter_08312020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220200001W/220200001W_Warning%20Letter_08312020.pdf\n\n220200001W_Warning Letter_08312020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220200001W/220200001W_Warning%20Letter_08312020_text.pdf\n\n220200001W_Warning Letter_08312020_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 31, 2020\nMr. Keith Calkins\nPresident\nCalkins L.P. Gas Company\n2920 Avenue of the Americas\nEnglewood, FL 34224\nCPF 2- 2020-0001W\nDear Mr. Calkins:\nFrom April 15 to 17, 2019, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region Office of Pipeline Safety(OPS), inspected Calkins\nL.P. Gas Company (Calkins Gas) liquefied petroleum gas (LP-Gas) records and selected\nprocedures in Calkins Gas’ Englewood, Florida, office and pipeline facilities in Sarasota County,\nFlorida, pursuant to Chapter 601 of 49 United States Code (U.S.C.).\nAs a result of the inspection, it is alleged that Calkins Gas has committed probable violations of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violations are:\n1. § 192.463 External corrosion control: Cathodic protection.\n(a) Each cathodic protection system required by this subpart must provide a level\nof cathodic protection that complies with one or more of the applicable criteria\ncontained in appendix D of this part. If none of these criteria is applicable, the cathodic\nprotection system must provide a level of cathodic protection at least equal to that\n\n\n\n(b) provided by compliance with one or more of these criteria.\nCalkins Gas failed to ensure that its cathodic protection systems provided levels of cathodic\nprotection that complied with one or more of the applicable criteria contained in\nAppendix D of this part. Cathodic protection testing conducted during the field inspection\nidentified low1 potential readings on buried containers, as follows:\n Boca Royale Cayman Isles system (readings between -830 and -660 mV)\n Boca Royale Golf View system (readings between -848 and -562 mV)\n2. § 192.513 Test requirements for plastic pipelines.\n(a) Each segment of a plastic pipeline must be tested in accordance with this\nsection.\n(b) [. . . .]\n(c) The test pressure must be at least 150% of the maximum operating pressure or\n50 psi (345 kPa) gauge, whichever is greater. However, the maximum test pressure\nmay not be more than 2.5 times the pressure determined under §192.121 at a\ntemperature not less than the pipe temperature during the test.\n(d) [. . . .]\nCalkins Gas failed to meet the regulation because it did not test each segment of plastic\npipeline in accordance with § 192.513. Specifically, Calkins Gas did not test each segment\nof plastic pipeline to at least 150% of the maximum operating pressure or 50 psi gauge\n(psig), whichever was greater.\nCalkins Gas records showed that in June, 2018, Calkins Gas installed a new service line on\nSt. John Boulevard, on the Boca Royale Golf View system, and tested the new service line\nto 20 psig. The 20 psig pressure test did not meet the testing requirements of § 192.513(c),\nwhich required a test pressure of at least 50 psig.\n3. §192.725 Test requirements for reinstating service lines.\n(a) . . . .\n(b) Each service line temporarily disconnected from the main must be tested from\nthe point of disconnection to the service line valve in the same manner as a new service\nline, before reconnecting. However, if provisions are made to maintain continuous\nservice, such as by installation of a bypass, any part of the original service line used to\nmaintain continuous service need not be tested.\nCalkins Gas failed to meet the regulation because it did not test each service line temporarily\ndisconnected from the main, from the point of disconnection to the service line valve, in the\nsame manner as a new service line before reconnecting it.\nCalkins Gas leak repair records showed that on August 1, 2017, Calkins Gas repaired a\nservice line, damaged by a 3rd party, on St. John Boulevard, on the Boca Royale Golf View\n1 The criteria for cathodic protection are contained in 49 CFR Part 192, Appendix D. The criterion being referenced\nin this letter is a negative (cathodic) voltage of at least 850 mV with reference to a saturated copper-copper sulfate\nhalf-cell. Accordingly, a low reading is any reading less negative than -850 mV.\n2\n\n\n\nsystem. The repair required the temporary disconnection of the downstream portion of the\ndamaged line prior to being reconnected and reinstated. Nothing in the repair record\ndemonstrated that the downstream portion of the line had been tested in the same manner as\na new service line before being reconnected.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, Calkins Gas is subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022. For violations occurring\nprior to November 2, 2015, the maximum penalty may not exceed $200,000 per violation per\nday, with a maximum penalty not to exceed $2,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter to the extent practicable. Failure\nto do so will result in Calkins Gas being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 2- 2020-0001W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nJames A. Urisko\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n3","truncated":false,"body_characters":7052}