{"operation":"document","citation":"CPF 320135006W","title":"ENBRIDGE PIPELINES (TOLEDO) INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-02-15","effective_on":null,"summary":"CLOSED warning letter citing 195.202, 195.204.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135006w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135006w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135006w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135006W","body":"Warning Letter involving ENBRIDGE PIPELINES (TOLEDO) INC. PHMSA's enforcement data identifies the cited regulations as 195.202,  195.204. The case was opened on 2013-02-15 and is reported as closed as of 2013-02-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135006W_Operator Response to Notice_04092013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135006W/320135006W_Operator%20Response%20to%20Notice_04092013.pdf\n\n320135006W_Warning Letter_02152013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135006W/320135006W_Warning%20Letter_02152013.pdf\n\n320135006W_Warning Letter_02152013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135006W/320135006W_Warning%20Letter_02152013_text.pdf\n\n320135006W_Warning Letter_02152013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nFebruary 15, 2013\nMr. Richard Adams\nVice President, U.S. Operations\nEnbridge Pipelines (Toledo), Inc.\nCity Center Office\n1409 Hammond Avenue\nSuperior, Wisconsin 54880-5247\nCPF 3-2013-5006W\nDear Mr. Adams,\nOn February 4-8, 2013, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your Line\n79 pipeline construction project near White Oak Township, MI.\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 the\nprobable violation(s) are:\n1. §195.202 Compliance with specification or standards\nEach pipeline system must be constructed in accordance with comprehensive written\nspecifications or standards that are consistent with the requirements of this part.\n\n\n\nPHMSA Central Region staff observed instances where the external coating inspection was\nnot in accordance with Enbridge's construction specifications. The following issues were\nidentified:\na. Foreign material, such as tape, was coated over with two part epoxy at girth weld\nb. c. d. e. f. locations.\nRepairs made using two part epoxy were observed to be burned and bubbled on multiple\nwelds.\nIn multiple locations, inadequate surface preparation was observed. Large gouges in the\ncoating were observed in seven locations.\nTwo part epoxy repairs were also observed with beads of gummy material in the repair.\nDenso 7200 girth weld coatings were observed to have dry film thicknesses less than the\nrequired 40 mils for bore pipe. Section 8.2.13 of Enbridge’s Pipeline Field Coating\nspecification states, “When coating girth welds intended for bores or HDD service the\nDFT of the plural component coating applied shall be a minimum of 40 mils. This shall\nbe completed in two separate passes or as recommended by the coating manufacturer.”\nTherefore, the coating was not applied in accordance with Enbridge’s construction\nspecification.\nA girth weld’s coating was observed to be damaged before it fully cured at the 6:00\nposition due to the pipe being pulled through the rollers at a bore site.\n2. §195.204 Inspection- General.\nInspection must be provided to ensure the installation of pipe or pipeline systems in\naccordance with the requirements of this subpart. No person may be used to perform\ninspections unless that person has been trained and is qualified in the phase of\nconstruction to be inspected.\nEnbridge's inspection of Line 79 was not adequate to ensure the installation of pipe was in\naccordance with Part 195 requirements. As described in Item 1 above, Central Region staff\nobserved instances where the external coating inspection was not in accordance with the\nrequired Enbridge construction specifications. Pipe had already been inspected by Enbridge\nfor coating of girth weld and repairs, yet multiple girth weld coatings and repairs were still\nout of specification as well as foreign material being coated over as observed by PHMSA\nstaff. At PHMSA's behest the foreign material was removed and re-inspected.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\n\n\n\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in Enbridge Pipelines (Toledo) Inc. being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 3-2013-5006W. 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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":5546}