{"operation":"document","citation":"CPF 420135023W","title":"MAGELLAN PIPELINE COMPANY, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-10-28","effective_on":null,"summary":"CLOSED warning letter citing 195.132(b)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135023w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135023w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135023w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420135023W","body":"Warning Letter involving MAGELLAN PIPELINE COMPANY, LP. PHMSA's enforcement data identifies the cited regulation as 195.132(b)(3). The case was opened on 2013-10-28 and is reported as closed as of 2013-10-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420135023W_Warning_10282013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135023W/420135023W_Warning_10282013.pdf\n\n420135023W_Warning_10282013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135023W/420135023W_Warning_10282013_text.pdf\n\n420135023W_Warning_10282013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 28, 2013\nMr. Michael Pearson\nVice President, Technical Services\nMagellan Pipeline Company\nOne Williams Center, MD 27\nTulsa, OK 74172\nCPF 4-2013-5023W\nDear Mr. Pearson:\nOn September 10, 2013, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the\nconstruction of Breakout Tank (tank# 2511) as a part of Longhorn Phase II at East Houston Tank\nTerminal, Houston, Texas.\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 violations are:\n1. §195.132 Aboveground breakout tank\n(b) For aboveground breakout tank first placed in service after October 2, 2000,\ncompliance with paragraph (a) of this section requires one of the following:\n(3) Vertical, cylindrical, welded steel tanks with internal pressures at the tank top\napproximating atmospheric pressures (i.e., internal vapor space pressures not\ngreater than 2.5 psig (17.2 kPa), or not greater than the pressure developed by the\n\n\n\nweight of the tank roof) must be designed and constructed in accordance with API\nStandard 650.\nThe Vacuum Box test reports of tank# 2511(Longhorn Phase II) does not reflect the metal\nsurface temperature readings. During the field inspection, PHMSA requested Magellan to\nprovide the Vacuum Box Test Reports for Breakout Tank # 2511. PHMSA representative\nreviewed the reports, and revealed that Magellan recorded the ambient temperature in lieu of\nmetal surface temperature.\nAPI 650, Section 8.6.6 states:\n“The metal surface temperature limits 4°C (40°F) and 52°C (125°F), unless the film\nsolution is proven to work at temperatures outside these limits, either by testing or\nManufacturer’s recommendations.”\nAPI 650, Section 8.6.10 also states:\n“A record or report of the test including a statement addressing temperature and light\nintensity shall be completed and furnished to the purchaser upon request.”\nPHMSA confirmed that Magellan is not following the Vacuum Box inspection procedure as\ndescribed in API 650, Section 8.6.6 and subparagraph 8.6.10.\nOn September 16, 2013, Magellan conducted the Vacuum Box test of the Tank# 2511 and\nprovided the test reports to PHMSA on September 24, 2013. PHMSA reviewed the Vacuum\nBox test reports and found it acceptable.\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\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 Magellan being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2013-5023W. 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,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":4585}