{"operation":"document","citation":"CPF 320131003W","title":"CITY OF DULUTH PUBLIC WORKS & UTILITIES — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-04-05","effective_on":null,"summary":"CLOSED warning letter citing 192.491(c), 192.745(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320131003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320131003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320131003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320131003W","body":"Warning Letter involving CITY OF DULUTH PUBLIC WORKS & UTILITIES. PHMSA's enforcement data identifies the cited regulations as 192.491(c),  192.745(a). The case was opened on 2013-04-05 and is reported as closed as of 2013-04-05. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320131003W_Warning Letter_04052013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320131003W/320131003W_Warning%20Letter_04052013.pdf\n\n320131003W_Warning Letter_04052013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320131003W/320131003W_Warning%20Letter_04052013_text.pdf\n\n320131003W_Warning Letter_04052013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 5, 2013\nMr. Jim Benning\nDirector\nCity of Duluth Public Works and Utilities\nCity Hall\n411 West 1st Street\nDuluth, Minnesota 55802\nCPF 3-2013-1003W\nDear Mr. Benning:\nOn November 13-14, 2012, representatives of the Minnesota Office of Pipeline Safety\n(MNOPS) acting as an interstate agent for the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nrecords and pipeline facilities in Duluth, Minnesota.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation(s) are:\n1. §192.491 Corrosion control records.\n(c) Each operator shall maintain a record of each test, survey, or inspection required\nby this subpart in sufficient detail to demonstrate the adequacy of corrosion control\nmeasures or that a corrosive condition does not exist. These records must be\nretained for at least 5 years, except that records related to §§192.465(a) and (e) and\n192.475(b) must be retained for as long as the pipeline remains in service.\nThe City of Duluth was not recording the results of the inspection of their insulation kits\ninstalled at the interconnect between the City’s interstate and intrastate system.\nReview of the cathodic protection records found that the City of Duluth corrosion\npersonnel were not documenting the results of the insulation test. Testing of electrical\n\n\n\nisolation is a requirement of §192.467(d) and shall be documented to demonstrate\ncompliance. Furthermore, the city’s O&M procedure section 09.07 titled “Electrical\nIsolation” requires that the results be documented.\n2. §192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any emergency must\nbe inspected and partially operated at intervals not exceeding 15 months, but at least\nonce each calendar year.\nThe City of Duluth did not inspect the mainline valve at the Great Lakes Gas Transmission\ntap within the required 15 months between 2011 and 2012.\nThe transmission line valve record reviewed for Transmission Valve 09724 found that the\nlast time the valve was inspected was on June 15, 2011. As of the MNOPS inspection, the\nvalve had not been inspected. The City of Duluth provided follow-up information to\nMNOPS after their inspection indicating that the valve was inspected by the City of\nDuluth on November 15, 2012.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a 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 City of Duluth being subject\nto additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2013-1003W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\ncc: Minnesota Office of Pipeline Safety\n2","truncated":false,"body_characters":4775}