{"operation":"document","citation":"CPF 32021024WL","title":"MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-03-25","effective_on":null,"summary":"CLOSED warning letter citing 195.412(a), 195.583(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021024wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021024wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-32021024wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/32021024WL","body":"Warning Letter involving MID-CONTINENT FRACTIONATION AND STORAGE, L.L.C.. PHMSA's enforcement data identifies the cited regulations as 195.412(a),  195.583(a). The case was opened on 2021-03-25 and is reported as closed as of 2021-03-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n32021024WL_Warning Letter_03252021_(20-172223).pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021024WL/32021024WL_Warning%20Letter_03252021_(20-172223).pdf\n\n32021024WL_Warning Letter_03252021_(20-172223)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/32021024WL/32021024WL_Warning%20Letter_03252021_(20-172223)_text.pdf\n\n32021024WL_Warning Letter_03252021_(20-172223)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: Mark.Cluff@williams.com, Clint.Ratke@williams.com, and\nThomas.Dark@williams.com\nMarch 25, 2021\nMark Cluff\nVice President Safety & Operational Discipline\nMid-Continent Fractionation and Storage, L.L.C.\nOne Williams Center P.O. Box 645\nTulsa, OK 74172\nCPF 3-2021-024-WL\nDear Mr. Cluff:\nFrom March 27 to May 20, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected\nthe records and facilities of your Mid-Continent Fractionation and Storage, L.L.C. system in\nMcPherson, KS.\nAs a result of the inspection/investigation, it is alleged that you have committed probable\nviolations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The\nitems inspected/investigated and the probable violations are:\n\n\n\n1. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each\ncalendar year, inspect the surface conditions on or adjacent to each pipeline right-\nof-way. Methods of inspection include walking, driving, flying or other appropriate\nmeans of traversing the right-of-way.\nMid-Continent inspected the surface conditions of its pipeline right-of-way at intervals that\nexceeded 3 weeks. PHMSA found from an inspection of aerial patrol records that the right-of-\nway was not inspected in the month of December, 2016 for all 56 miles of the Mid-Continent\npipeline system.\n2. §195.583 What must I do to monitor atmospheric corrosion control?\na) You must inspect each pipeline or portion of pipeline that is exposed to the\natmosphere for evidence of atmospheric corrosion, as follows:\nIf the pipeline is\nlocated:\nThen the frequency of inspection is:\nOnshore At least once every 3 calendar years, but with\nintervals not exceeding 39 months\nOffshore At least once each calendar year, but with\nintervals not exceeding 15 months\nMid-Continent failed to perform an atmospheric inspection at least once every 3 calendar years\nat its Conway East Truck Loading station. Specifically, Mid-Continent exceeded the 3 calendar\nyear interval between 2016 and 2019. During a review of Mid-Continent atmospheric inspection\nrecords, PHMSA found that the Conway East Truck loading station was inspected on November\n30th, 2016 and January 14th, 2020.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\n2\n\n\n\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. Failure to do so will result in\nMid-Continent Fractionation and Storage, L.L.C. 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 3-2021-024-WL. 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 Bunn\nActing Director, Central Region, Office of Pipeline Safety\nGregory A. Ochs\nDirector, Central Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nCC:\nMr. Clint Ratke\nMr. Thomas Dark\n3","truncated":false,"body_characters":5267}