{"operation":"document","citation":"CPF 320165009H","title":"MAGELLAN AMMONIA PIPELINE, L.P. — Corrective Action Order","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-10-21","effective_on":null,"summary":"CLOSED corrective action order.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165009h.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165009h.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165009h","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320165009H","body":"Corrective Action Order involving MAGELLAN AMMONIA PIPELINE, L.P.. The dataset does not identify a cited regulation for this case. The case was opened on 2016-10-21 and is reported as closed as of 2020-08-04. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320165009H_Closure Letter_08042020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165009H/320165009H_Closure%20Letter_08042020.pdf\n\n320165009H_Closure Letter_08042020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165009H/320165009H_Closure%20Letter_08042020_text.pdf\n\n320165009H_Corrective Action Order_10212016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165009H/320165009H_Corrective%20Action%20Order_10212016.pdf\n\n320165009H_Corrective Action Order_10212016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165009H/320165009H_Corrective%20Action%20Order_10212016_text.pdf\n\n320165009H_Corrective Action Order_10212016_text.pdf\n\nOctober 21, 2016\nVIA CERTIFIED MAIL AND FAX TO: 918-574-7039\nMr. Michael N. Mears\nChairman of the Board, President and Chief Executive Officer\nMagellan Midstream Partners, LP\nOne Williams Center, MD 27\nP.O. Box 22186\nTulsa, Oklahoma 74172\nCPF No. 3-2016-5009H\nDear Mr. Mears:\nEnclosed is a Corrective Action Order issued in the above-referenced case. It requires Magellan\nAmmonia Pipeline, LP, a subsidiary of Magellan Midstream Partners, LP, to take certain corrective\nactions with respect to your 8-inch anhydrous ammonia pipeline that failed on October 17, 2016,\nnear Tekamah, Nebraska. Service is being made by certified mail and facsimile. Your receipt of\nthis Corrective Action Order constitutes service of that document under 49 C.F.R.\n§ 190.5. The terms and conditions of the Order are effective upon receipt.\nWe look forward to the successful resolution of the concerns arising out of this accident and to\nensure the safe operation of Magellan’s pipeline facilities. Please direct any questions on this\nmatter to Allan Beshore, Region Director, Central Region, OPS, at (816) 329-3811.\nSincerely,\nAlan K. Mayberry\nActing Associate Administrator\nfor Pipeline Safety\nEnclosure: Corrective Action Order and Copy of 49 C.F.R. § 190.233\ncc: Ms. Linda Daugherty, Deputy Associate Administrator for Field Operations, OPS\nMr. Allan Beshore, Region Director, OPS\nMr. Michael Pearson, VP Technical Services, Magellan Ammonia Pipeline, LP,\nmichael.pearson@magellanlp.com\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n________________________________________________\nIn the Matter of )\n)\n)\nMagellan Ammonia Pipeline, LP, )\na subsidiary of Magellan Midstream Partners, LP, Respondent. )\n)\n)\n_______________________________________________ )\n) CPF No. 3-2016-5009H\nCORRECTIVE ACTION ORDER\nPurpose and Background:\nThis Corrective Action Order (Order) is being issued under authority of 49 U.S.C. § 60112 to\nrequire Magellan Ammonia Pipeline, LP (Magellan or Respondent), to take the necessary\ncorrective actions to protect the public, property, and the environment from potential hazards\nassociated with a release from its 8-inch anhydrous ammonia interstate transmission pipeline near\nTekamah, Nebraska.1 This Order finds that continued operation of that portion of Respondent’s\n8-inch anhydrous ammonia pipeline system running approximately 49 miles from the Valley (NE)\ntrap site at MP 223.61 to the Missouri River trap site at MP 272.05 (Affected Segment), without\ncorrective action, is or would be hazardous to life, property, or the environment and requires\nRespondent to take immediate action to ensure its safe operation.\nOn October 17, 2016, a reportable accident occurred on the Affected Segment near Tekamah,\nNebraska, resulting in the release of approximately 7,000 barrels of liquid anhydrous ammonia\n(Failure). The Failure occurred at Milepost (MP) 263.1, approximately 100 feet north of a\nmanually-operated valve on the Affected Segment. It has been confirmed that as a result of the\nFailure, one fatality occurred, two people were injured, and 23 homes and over 40 people were\nevacuated. The cause of the Failure has not yet been determined. Pursuant to 49 U.S.C.\n§ 60117, the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of\nPipeline Safety (OPS), initiated an investigation of the accident. The preliminary findings of the\nagency's ongoing investigation are as follows:\n1 Magellan Ammonia Pipeline, LP’s anhydrous ammonia pipeline system is approximately 1,090 miles long,\noriginating in Oklahoma and Texas and terminating in Mankato, Minnesota.\n\n\n\nCPF No. 3-2016-5009H\nPage 2\nPreliminary Findings:\n The accident was initially reported by Magellan to the National Response Center at 9:05\npm CDT on October 17, 2016 (NRC Report No. 1161809), indicating a 500-barrel\nrelease of liquid anhydrous ammonia. This NRC report was updated on October 18,\n2016, with NRC Report Nos. 1161815 and 1161831 to reflect that 7,000 barrels was\nreleased.\n As a result of the Failure, one man was killed, two people were injured, and 23\nhouseholds and over 40 people were evacuated. U.S. Highway 75 was also closed\nfor a period of time.\n At approximately 9:05 p.m. CDT (all times are CDT unless otherwise indicated) on\nOctober 17, 2016, the operator’s leak detection system alarmed, indicating a potential\nleak on the pipeline, which was shutdown at 9:09 p.m. The company’s SCADA system\nsubsequently provided a rupture alarm at 9:14 p.m. At 9:21 p.m., the company’s Tulsa\nControl Center received a third-party report, indicating a strong ammonia odor and a\nvapor cloud approximately 8.5 miles north of Tekamah, Nebraska.\n The failure location was described as approximately MP 263 on the 8-inch Valley to\nWhiting pipeline, in Burt County, Nebraska. The operating pressure at the time of failure\nwas 846 psig at the Herman (NE) pump station (upstream) and 808 psig at the Whiting\n(IA) pump station (downstream). The pressure at the location of the Failure was 800\npsig.\n Remote-operated valves (ROVs) were closed at Herman (MP 247) and Decatur (MP\n269). A manual valve was also closed at MP 252.8, and the manual valve at MP 263.1\nwas closed once safe access to the site could be obtained (the Failure is reported to be\napproximately 100 feet north of valve setting).\n Emergency responders evacuated local residents and closed roads to establish a safe\nperimeter around the Failure location. An Incident Command was established at the\nDecatur (NE) fire hall.\n The Failure occurred on the Affected Segment, which is a bi-directional system with a\nMaximum Operating Pressure (MOP) of 1198 psig. In the last 90 days, the maximum\ndischarge pressure at the Herman (NE) pump station was 857 psig, and the maximum\ndischarge pressure at the Whiting (IA) pump station was 866 psig.\n The Affected Segment was installed in 1968. It is 8-inch nominal diameter, 0.156”\nwall thickness, and was constructed of API 5L X-46 line pipe manufactured by Lone\nStar. The pipe has a low-frequency ERW longitudinal seam and is coated with a\nplastic tape coating.\n The pipeline was last tested hydrostatically in 2010, including a spike test to 100%\n\n\n\nCPF No. 3-2016-5009H\nPage 3\nSpecified Minimum Yield Strength. There were reportedly five hydrostatic test failures,\nwith the closest one being at MP 245. The cause of that test failures was found to be\nstress corrosion cracking (SCC).\n The line was most recently assessed in 2015, using inline inspection (ILI) for\ndeformation and metal-loss anomalies. There was also a prior sleeve repair from a\nMay 8, 2013 release, located 66 feet north of the valve at MP 263, but no other\nreported anomalies which required investigation were reported in the area of the\nFailure.\n On September 16, 2011, PHMSA issued a Corrective Action Order [CPF 3-2011-5010H]\nto Magellan Ammonia Pipeline, LP, which required replacement of the pipeline’s\nMissouri River crossing due to severe flooding when the pipe became exposed in the\nriver at the downstream end of the Affected Segment.\n In 2003, the Office of Pipeline Safety issued an Advisory Bulletin regarding the threat of\nstress corrosion cracking.\n In 1988 and 1989, the OPS issued Alert Notices related to low-frequency ERW pipe\nmanufactured prior to 1970.\n The pipeline directly intersects or could affect Drinking Water and Ecological High\nConsequence Areas (HCAs). The pipeline has some segments which directly intersect\nor could affect Other Populated Areas.\n The PHMSA investigation is on-going and information could change. The National\nTransportation Safety Board is performing an investigation of the Failure. This Order\nmay be amended based on further findings.\nDetermination of Necessity for Corrective Action Order and Right to Hearing:\nSection 60112 of Title 49, United States Code, provides for the issuance of a Corrective Action\nOrder, after reasonable notice and the opportunity for a hearing, requiring corrective action, which\nmay include the suspended or restricted use of a pipeline facility, physical inspection, testing,\nrepair, replacement, or other action, as appropriate. The basis for making the determination that a\npipeline facility is hazardous and requiring corrective action is set forth both in the above-\nreferenced statute and 49 C.F.R.§ 190.233, a copy of which is enclosed.\nSection 60112, and the regulations promulgated thereunder, provide for the issuance of a\nCorrective Action Order without prior opportunity for notice and hearing upon a finding that\nfailure to issue the Order expeditiously will likely result in serious harm to life, property or the\nenvironment. In such cases, an opportunity for a hearing will be provided as soon as practicable\nafter the issuance of the Order.\nAfter evaluating the foregoing preliminary findings of fact and considering the ongoing\n\n\n\nCPF No. 3-2016-5009H\nPage 4\ninvestigation of the Failure, I find that the continued operation of the Affected Segment without\ncorrective measures is or would be hazardous to life, property and the environment. Additionally,\nafter considering the age of the pipe, the circumstances surrounding the Failure, the hazardous\nnature of the product being transported, the fatality and injuries sustained as a result of the Failure,\nthe pressure required for transporting the material, the uncertainties as to the cause of the Failure,\nand the ongoing investigations to determine the cause of the Failure, I find that a failure to issue\nthis Order expeditiously to require immediate corrective action would result in likely serious harm\nto life, property, and the environment.\nAccordingly, this Corrective Action Order mandating immediate corrective action is issued\nwithout prior notice and opportunity for a hearing. The terms and conditions of this Order are\neffective upon receipt.\nWithin 10 days of receipt of this Order, Respondent may request a hearing, to be held as soon as\npracticable, by notifying the Associate Administrator for Pipeline Safety in writing, with a copy\nto the Director, Central Region, PHMSA (Director). If a hearing is requested, it will be held\ntelephonically or in-person in Kansas City, Missouri.\nAfter receiving and analyzing additional data in the course of this investigation, PHMSA may\nidentify other corrective measures that need to be taken. Respondent will be notified of any\nadditional measures required and amendment of this Order will be considered. To the extent\nconsistent with safety, Respondent will be afforded notice and an opportunity for a hearing prior\nto the imposition of any additional corrective measures.\nRequired Corrective Actions:\nDefinitions:\nAffected Segment means the segment of Respondent’s 8-inch anhydrous ammonia pipeline system\nrunning from the Valley (NE) trap site at MP 223.61 to the Missouri River trap site at MP 272.05.\nFailure Site means the pipeline section on the Affected Segment where the leak occurred on\nOctober 17, 2016, at approximately MP 263.1 on the 8-inch Valley to Whiting pipeline, in Burt\nCounty, Nebraska.\nPursuant to 49 U.S.C. 60112, I hereby order Magellan to immediately take the following corrective\nactions for the Affected Segment:\n1. Shutdown of the Affected Segment. The 8” Magellan Pipeline from Valley (NE) trap site\nat MP 223.61 to the Missouri River trap site at MP 272.05 is currently out of service. This\nAffected Segment must remain shut down until the Central Region Director has provided\nwritten approval to Magellan to resume operations.\n2. Restart Plan. Prior to resuming operation of the Affected Segment, Magellan must develop\nand submit a written Restart Plan to the Director for prior approval.\na. Once approved by the Director, the Restart Plan will be incorporated by reference\n\n\n\nCPF No. 3-2016-5009H\nPage 5\n3. 4. 5. into this Order.\nb. The Restart Plan must provide for adequate patrolling of the Affected Segment during\nthe restart process and include sufficient surveillance of the pipeline to ensure that no\nleaks are present when operation of the line resumes.\nc. The Restart Plan must specify a day-light restart and include advance communications\nwith local emergency response officials.\nReturn to Service. After the Director approves the Restart Plan, Magellan may return the\nAffected Segment to service but the operating pressure must not exceed eighty percent\n(80%) of the actual operating pressure in effect immediately prior to the Failure on October\n17, 2016, in accordance with Item 4 below.\nOperating Pressure Restriction Upon Restart. Magellan must reduce and maintain a\ntwenty percent (20%) pressure reduction in the actual operating pressure along the entire\nlength of the Affected Segment, such that the operating pressure along the Affected Segment\nwill not exceed eighty percent (80%) of the actual operating pressure in effect immediately\nprior to the Failure on October 17, 2016.\na. This pressure restriction is to remain in effect until written approval to increase the\npressure or return the pipeline to its pre-failure operating pressure is obtained from the\nDirector.\nb. Prior to resuming operation, Magellan must provide the Director with the actual\noperating pressures of each pump/compressor station and each main line pressure\nregulating station on the Affected Segment at the time of failure and the reduced\npressure restriction set-points at these same locations.\nc. This pressure restriction requires any relevant remote or local alarm limits, software\nprogramming set-points or control points, and mechanical over-pressure devices to be\nadjusted accordingly.\nd. When determining the pressure restriction set-points, Magellan must take into account\nany ILI features or anomalies present in the Affected Segment to provide for continued\nsafe operation while further corrective actions are completed.\ne. Magellan must review the pressure restriction quarterly by analyzing the operating\npressure data. Magellan must take into account any ILI features or anomalies present\nin the Affected Segment and immediately reduce the operating pressure to maintain the\nsafe operations of the Affected Segment, if warranted by the quarterly review. Magellan\nmust submit the results of the quarterly review to the Director. The results must include,\nat a minimum, the current discharge set-points (including any additional pressure\nreductions), and any pressure exceedance at discharge set-points.\nRemoval of Pressure Restriction. The Director may allow the removal or modification of\nthe pressure restriction upon a written request from Magellan demonstrating that restoring\nthe pipeline to its pre-failure operating pressure is justified, based on a reliable engineering\nanalysis showing that the pressure increase is safe considering all known defects,\nanomalies, and operating parameters of the pipeline.\n\n\n\nCPF No. 3-2016-5009H\nPage 6\n6. Testing of Failed Pipeline Section. Magellan must transfer custody of the failed pipe to\nthe National Transportation Safety Board (NTSB) for mechanical and metallurgical testing\nand failure analysis, including analysis of soil samples and any foreign materials. Magellan\nmust document the chain-of-custody when handling and transporting the failed girth weld\nand other evidence from the Failure Site (if any). The mechanical and metallurgical testing\nprotocols shall be as approved by the NTSB.\n7. Remedial Work Plan (RWP). Within 90 days following receipt of this Order, Magellan\nmust submit a Remedial Work Plan (RWP) to the Director for approval.\na. b. The Director may approve the RWP incrementally without approving the entire RWP.\nOnce approved by the Director, the RWP will be incorporated by reference into this\nOrder.\nc. The RWP must specify the tests, inspections, assessments, evaluations, and remedial\nmeasures Magellan will use to verify the integrity of the Affected Segment. It must\naddress all known or suspected factors and causes of the Failure. Magellan should\nconsider both the risk of another failure and the consequences of another failure to\ndevelop a prioritized schedule for RWP-related work along the Affected Segment.\nd. Magellan must integrate the results of the metallurgical testing and other corrective\nactions required by this Order with all relevant pre-existing operational and assessment\ndata for the Affected Segment. Pre-existing operational data includes, but is not limited\nto, construction, operations, maintenance, testing, repairs, prior metallurgical analyses,\nand any third-party consultation information. Pre-existing assessment data includes,\nbut is not limited to, ILI tool runs, hydrostatic pressure testing, direct assessments, close\ninterval surveys, and electrical gradient surveys.\n8. Public Awareness Program Review. Within 90 days following receipt of this Order,\nMagellan must submit a report documenting the review and assessment of the effectiveness\nof its Public Awareness Program with regards to the Failure. Magellan must seek input\nfrom local stakeholders, including the public, as part of its review. Magellan must amend\nits Public Awareness Program, if necessary, to reflect the results of this review.\n9. Root Cause Failure Analysis. Within 180 days following receipt of this Order, complete\na root cause failure analysis (RCFA) and submit a final report of this RCFA to the Director.\nThe final report must include findings and any lessons learned and whether the findings\nand any lessons learned are applicable to other locations within Magellan’s pipeline\nsystem.\n10. Order Revisions. Upon approval by the Director, the RWP becomes incorporated into this\nOrder and shall be revised as necessary to incorporate the results of actions undertaken\npursuant to this Order and whenever necessary to incorporate new information obtained\nduring the failure investigations and remedial activities. Magellan must submit any such\nplan revisions to the Director for prior approval. The Director may approve plan elements\nincrementally.\n\n\n\nCPF No. 3-2016-5009H\nPage 7\n11. Implementation of Approved Work Plan. Magellan must implement the work plan as\napproved by the Director, including any revisions to the plan.\n12. Quarterly Reports. Magellan must submit quarterly reports to the Director that:\na. Include all available data and results of the testing and evaluations required by this\nOrder; and\nb. Describe the progress of the repairs or other remedial actions being undertaken.\nThe first quarterly report covering the period from October 21, 2016 through\nDecember 31, 2016, shall be due by January 15, 2017.\nThe Director may grant an extension of time for compliance with any of the terms of this Order\nupon a written request timely submitted demonstrating good cause for an extension.\nWith respect to each submission that under this Order requires the approval of the Director, the\nDirector may: (a) approve, in whole or part, the submission; (b) approve the submission on\nspecified conditions; (c) modify the submission to cure any deficiencies; (d) disapprove, in whole\nor in part, the submission, directing that Respondent modify the submission; or (e) any\ncombination of the above. In the event of approval, approval upon conditions, or modification by\nthe Director, Respondent will proceed to take all action required by the submission as approved or\nmodified by the Director. If the Director disapproves all or any portion of the submission,\nRespondent will correct all deficiencies within the time specified by the Director, and resubmit it\nfor approval. If a resubmitted item is disapproved in whole or in part, the Director may again\nrequire Respondent to correct the deficiencies in accordance with the foregoing procedure, and the\nDirector may otherwise proceed to enforce the terms of this Order.\nBe advised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. § 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for confidential\ntreatment redacted and an explanation of why you believe the redacted information qualifies for\nconfidential treatment under 5 U.S.C. § 552(b).\nIn your correspondence on this matter, please refer to \"CPF No. 3-2016-5009H” and for each\ndocument you submit, please provide a copy in electronic format whenever possible. The actions\nrequired by this Order are in addition to and do not waive any requirements that apply to\nRespondent's pipeline system under 49 C.F.R. Parts 190 through 199, under any other order issued\nto Respondent under authority of 49 U.S.C. Chapter 601, or under any other provision of Federal\nor State law.\nRespondent may appeal any decision of the Director to the Associate Administrator for Pipeline\nSafety. Decisions of the Associate Administrator shall be final.\nFailure to comply with this Order may result in the assessment of civil penalties and in referral to\nthe Attorney General for appropriate relief in United States District Court pursuant to\n49 U.S.C. § 60120.\n\n\n\nCPF No. 3-2016-5009H\nPage 8\nThe terms and conditions of this Order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nOctober 21, 2016\n_________________________________ ________________\nAlan K. Mayberry Date Issued\nActing Associate Administrator\nfor Pipeline Safety\n\n\n\nCPF No. 3-2016-5009H\nPage 9\n§190.233 Corrective action orders.\n(a) Generally. Except as provided by paragraph (b) of this section, if the Associate Administrator\nfinds, after reasonable notice and opportunity for hearing in accord with paragraph (c) of this\nsection, a particular pipeline facility is or would be hazardous to life, property, or the\nenvironment, the Associate Administrator may issue an order pursuant to this section requiring\nthe operator of the facility to take corrective action. Corrective action may include suspended or\nrestricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate\naction.\n(b) Waiver of notice and expedited review. The Associate Administrator may waive the\nrequirement for notice and opportunity for hearing under paragraph (a) of this section before\nissuing an order whenever the Associate Administrator determines that the failure to do so would\nresult in the likelihood of serious harm to life, property, or the environment. When an order is\nissued under this paragraph, a respondent that contests the order may obtain expedited review of\nthe order either by answering in writing to the order within 10 days of receipt or requesting a\nhearing under §190.211 to be held as soon as practicable in accordance with paragraph (c)(2) of\nthis section. For purposes of this section, the term “expedited review” is defined as the process\nfor making a prompt determination of whether the order should remain in effect or be amended\nor terminated. The expedited review of an order issued under this paragraph will be complete\nupon issuance of such determination.\n(c) Notice and hearing:\n(1) Written notice that OPS intends to issue an order under this section will be served upon the\nowner or operator of an alleged hazardous facility in accordance with §190.5. The notice must\nallege the existence of a hazardous facility and state the facts and circumstances supporting the\nissuance of a corrective action order. The notice must provide the owner or operator with an\nopportunity to respond within 10 days of receipt.\n(2) An owner or operator that elects to exercise its opportunity for a hearing under this section\nmust notify the Associate Administrator of that election in writing within 10 days of receipt of\nthe notice provided under paragraph (c)(1) of this section, or the order under paragraph (b) of\nthis section when applicable. The absence of such written notification waives an owner or\noperator's opportunity for a hearing.\n(3) At any time after issuance of a notice or order under this section, the respondent may request\na copy of the case file as set forth in §190.209.\n(4) A hearing under this section is conducted pursuant to §190.211. The hearing should be held\nwithin 15 days of receipt of the respondent's request for a hearing.\n(5) After conclusion of a hearing under this section, the Presiding Official submits a\nrecommended decision to the Associate Administrator as to whether or not the facility is or\n\n\n\nCPF No. 3-2016-5009H\nPage 10\nwould be hazardous to life, property, or the environment, and if necessary, requiring expeditious\ncorrective action. If a notice or order is contested in writing without a hearing, an attorney from\nthe Office of Chief Counsel prepares the recommended decision. The recommended decision\nshould be submitted to the Associate Administrator within five business days after conclusion of\nthe hearing or after receipt of the respondent's written objection if no hearing is held. Upon\nreceipt of the recommendation, the Associate Administrator will proceed in accordance with\nparagraphs (d) through (h) of this section. If the Associate Administrator finds the facility is or\nwould be hazardous to life, property, or the environment, the Associate Administrator issues a\ncorrective action order in accordance with this section, or confirms (or amends) the corrective\naction order issued under paragraph (b) of this section. If the Associate Administrator does not\nfind the facility is or would be hazardous to life, property, or the environment, the Associate\nAdministrator withdraws the notice or terminates the order issued under paragraph (b) of this\nsection, and promptly notifies the operator in writing by service as prescribed in §190.5.\n(d) The Associate Administrator may find a pipeline facility to be hazardous under paragraph (a)\nof this section:\n(1) If under the facts and circumstances the Associate Administrator determines the particular\nfacility is hazardous to life, property, or the environment; or\n(2) If the pipeline facility or a component thereof has been constructed or operated with any\nequipment, material, or technique which the Associate Administrator determines is hazardous to\nlife, property, or the environment, unless the operator involved demonstrates to the satisfaction\nof the Associate Administrator that, under the particular facts and circumstances involved, such\nequipment, material, or technique is not hazardous.\n(e) In making a determination under paragraph (d) of this section, the Associate Administrator\nshall consider, if relevant:\n(1) The characteristics of the pipe and other equipment used in the pipeline facility involved,\nincluding its age, manufacturer, physical properties (including its resistance to corrosion and\ndeterioration), and the method of its manufacture, construction or assembly;\n(2) The nature of the materials transported by such facility (including their corrosive and\ndeteriorative qualities), the sequence in which such materials are transported, and the pressure\nrequired for such transportation;\n(3) The characteristics of the geographical areas in which the pipeline facility is located, in\nparticular the climatic and geologic conditions (including soil characteristics) associated with\nsuch areas, and the population density and population and growth patterns of such areas;\n(4) Any recommendation of the National Transportation Safety Board issued in connection with\nany investigation conducted by the Board; and\n\n\n\nCPF No. 3-2016-5009H\nPage 11\n(5) Such other factors as the Associate Administrator may consider appropriate.\n(f) A corrective action order shall contain the following information:\n(1) A finding that the pipeline facility is or would be hazardous to life, property, or the\nenvironment.\n(2) The relevant facts which form the basis of that finding.\n(3) The legal basis for the order.\n(4) The nature and description of any particular corrective action required of the respondent.\n(5) The date by which the required corrective action must be taken or completed and, where\nappropriate, the duration of the order.\n(6) If the opportunity for a hearing was waived pursuant to paragraph (b) of this section, a\nstatement that an opportunity for a hearing will be available at a particular time and location after\nissuance of the order.\n(g) The Associate Administrator will terminate a corrective action order whenever the Associate\nAdministrator determines that the facility is no longer hazardous to life, property, or the\nenvironment. If appropriate, however, a notice of probable violation may be issued under\n§190.207.\n(h) At any time after a corrective action order issued under this section has become effective, the\nAssociate Administrator may request the Attorney General to bring an action for appropriate\nrelief in accordance with §190.235.\n(i) Upon petition by the Attorney General, the District Courts of the United States shall have\njurisdiction to enforce orders issued under this section by appropriate means.\n[70 FR 11138, Mar. 8, 2005, as amended by Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]\n\n320165009H_Closure Letter_08042020_text.pdf\n\nVIA ELECTRONIC MAIL TO: mike.mears@magellanlp.com, jason.smith@magellanlp.com\nand mark.materna@magellanlp.com\nAugust 4, 2020\nMr. Michael N. Mears\nChairman of the Board, President and Chief Executive Officer\nMagellan Midstream Partners, LP\nOne Williams Center, MD 27\nP.O. Box 22186\nTulsa, Oklahoma 74172\nRE: CPF 3-2016-5009H\nDear Mr. Mears:\nOn October 21, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nissued to Magellan Ammonia Pipeline, LP (Magellan), a subsidiary of Magellan Midstream\nPartners, LP a Corrective Action Order (Order) in the above-referenced case. This Order included\na requirement to take corrective actions on Magellan’s 8-inch anhydrous ammonia pipeline\noperating from the Valley (NE) trap site at MP 223.61 to the Missouri River trap site at MP 272.05.\nBased on our review of the documentation provided, it has been determined that Magellan has\ncomplied with the terms of this Order. Accordingly, this case is now closed and no further action\nis contemplated with respect to the matters involved in this case.\nMagellan has also reportedly abandoned the pipeline subject to the Order in July 2020 following\nthe completion of the corrective actions. Magellan is reminded of its obligations under 49 CFR\n§195.402(c)(10) for abandoning pipeline facilities. Please contact me or a member of my staff\nwith any questions you may have. Thank you for your cooperation in this matter.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\ncc. Jason Smith, VP Asset Integrity, jason.smith@magellanlp.com\nMark Materna, Director Pipeline Integrity, mark.materna@magellanlp.com","truncated":false,"body_characters":31761}