{"operation":"document","citation":"CPF 420155011W","title":"PLAINS PIPELINE, L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-04-14","effective_on":null,"summary":"CLOSED warning letter citing 195.214(a), 195.222(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155011w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155011w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155011w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420155011W","body":"Warning Letter involving PLAINS PIPELINE, L.P.. PHMSA's enforcement data identifies the cited regulations as 195.214(a),  195.222(a). The case was opened on 2015-04-14 and is reported as closed as of 2015-04-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420155011W_Operator Response to Notice_05072015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155011W/420155011W_Operator%20Response%20to%20Notice_05072015.pdf\n\n420155011W_Warning_04142015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155011W/420155011W_Warning_04142015.pdf\n\n420155011W_Warning_04142015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155011W/420155011W_Warning_04142015_text.pdf\n\n420155011W_Warning_04142015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 14, 2015\nMr. Troy Valenzuela\nVice President Environmental Health & Safety\nPlains All American Pipeline Company\n333 Clay Street, Suite 1600\nHouston, TX 77002\nCPF 4-2015-5011W\nDear Mr. Valenzuela:\nDuring the week of July 21 - 25, 2014 representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected the Plains Basin\nPipeline System Construction Project for the replacement of the pipeline from Jal, New Mexico to Wink\nTexas. The construction was nearly complete at the time of the inspection.\nAs a result of the inspection, it appears that Plains has committed probable violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable\nviolation(s) are:\n1. §195.222(a) Qualifications of Welders\n(a) Each welder or welding operator must be qualified in accordance with\nsection 6 or 12 of API Std 1104 (incorporated by reference, see §195.3) or with\nSection IX of ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by\nreference, see §195.3), except that a welder qualified under an earlier edition than\nlisted in §195.3 may weld but may not re-qualify under that earlier edition.\nPlains All American failed to perform welding on construction of the Jal, NM to Wink, TX segment of\nthe Basin Pipeline System pipeline replacement project in accordance with 49CFR §195.222, Welders:\nQualifications of Welders, and API 1104, Sec. 6.2.1 (ibr). Plains presented PHMSA with the Welding\nProcedure Specification CS-G60L203 in the field on the Jal, NM to Wink, TX segment of the pipeline\nconstruction. Plains documented that the pipeline for this segment of the project was X60 grade pipe.\nThe procedure presented to PHMSA did call for the welder to qualify within the range of pipe grade(s)\nAPI 5L X46 thru API 5L X60, however, PHMSA determined that this presented a welder qualification\n\n\n\nproblem given that the welders were making the qualifying welds with X42 grade pipe and therefore in\nviolation of 49 CFR §195.222 (API 1104, Sec. 6.1) which requires welders to be qualify to previously\nqualified procedures. The welders did not qualify using a grade of material within the range of the Plains\nPipeline qualified welding procedure. Plains agreed that the welders should be qualified using materials\nwithin the parameters of the procedure.\n2. §195.214 Welding Procedures\n(a) Welding must be performed by a qualified welder in accordance with\nwelding procedures qualified under Section 5 of API 1104 or Section IX of the\nASME Boiler and Pressure Vessel Code (ibr, see § 195.3). The quality of the test\nwelds used to qualify the welding procedure shall be determined by destructive\ntesting.\nPlains All American failed to have proper Welding Procedures in place for the construction of the Jal,\nNM to Wink, TX segment of the Basin Pipeline System pipeline replacement project in accordance with\n49CFR §195.214 Welding Procedures and API 1104, Sec. 5.4.2.2 (ibr). After the problem with the\nWelders Qualifying using Plains Procedure Specification CS-G60L203 was pointed out, PHMSA was\npresented with Plains Procedure Specification CS-G4265L205. This Procedure Specification covered\npipe grades API 5L X42 to API 5L X65. This presented PHMSA with a procedural problem given that\nthe grade of material specified in the Procedure Specification crosses over the pipe grade classification\ngroupings specified in §195.214 (API 1104, Section 5.4.2.2 ibr).\nSection 5.4.2.2 of API 1104, states that a change in base material constitutes an essential variable. When\nwelding materials of two separate material groups, the procedure for the higher strength group shall be\nused. For the purposes of this standard, all materials shall be grouped as follows:\na. Specified minimum yield strength less than or equal to 42,000 psi (290 MPa).\nb. Specified minimum yield strength greater than 42,000 psi (290 MPa) but less than 65,000 psi (448\nMPa).\nc. For materials with a specified minimum yield strength greater than or equal to 65,000 psi (448 MPa),\neach grade shall receive a separate qualification test.\nThe Procedure Specification did not state the correct Specified minimum yield strength for the pipeline\nmaterial grade group. Plains stated the Material Group for the Procedure Specification CS-G4265L205\nas API 5L X42 to API 5L X65. Section 5.4.2.2 of API 1104 specifies that this material group be stated\nas greater than 42,000 psi (290 MPa) but less than 65,000 psi (448 MPa). Plains material group stated\nin CS-G4265L205 overlapped the boundaries of the grouping and therefore in violation of 49 CFR\n§195.214 (API 1104, Sec 5.4.2.2(b), ibr).\nPHMSA later received correspondence from Plains that stated the Procedures Specification used on the\nJal, NM to Wink, TX pipeline construction was CS-F52M214 and CS-G60L203. This information\nstating the Procedure Specification used on the pipeline construction did not include Procedure\nSpecification CS-G4265L205, presented to PHMSA as one of the Procedure Specification used for the\nconstruction of this segment of the pipeline. Procedure Specification CS-F52M214 states that it is the\n2\n\n\n\nSpecification for Branch Welding, whereas CS-G60L203 is a Specification for Butt Welding.\nRegardless, the material stated in CS-F52M214 is API 5L X52 and the welders were using X42 to\nqualify and did not qualify to the specifications stated in the Plains Welding Procedure Specifications.\nPlains must ensure that the welding procedures used for the construction projects are consistent with the\nrequirements of API 1104 and the materials used for the projects.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000 per\nviolation per day the violation persists up to a maximum of $2,000,000 for a related series of violations.\nFor violations occurring prior to January 4, 2012, the maximum penalty may not exceed $100,000 per\nviolation per day, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and have decided\nnot to conduct additional enforcement action or penalty assessment proceedings at this time. We advise\nyou to correct the item(s) identified in this letter. Failure to do so will result in Enable being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 4-\n2015-5011W. Be advised that all material you submit in response to this enforcement action is subject\nto being made publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must\nprovide a second copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":7995}