{"operation":"document","citation":"CPF 420181016W","title":"FAYETTEVILLE EXPRESS PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-12-13","effective_on":null,"summary":"CLOSED warning letter citing 192.465(a), 192.605(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181016w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181016w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420181016w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420181016W","body":"Warning Letter involving FAYETTEVILLE EXPRESS PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 192.465(a),  192.605(a). The case was opened on 2018-12-13 and is reported as closed as of 2018-12-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420181016W_Warning Letter_12132018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181016W/420181016W_Warning%20Letter_12132018.pdf\n\n420181016W_Warning Letter_12132018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420181016W/420181016W_Warning%20Letter_12132018_text.pdf\n\n420181016W_Warning Letter_12132018_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 13, 2018\nRyan Coffey\nExecutive Vice President of Operations\nEnergy Transfer\n800 E. Sonterra Blvd\nSan Antonio, Texas 78258\nCPF-4-2018-1016W\nDear Mr. Coffey:\nFrom February 5, 2018 to July 6, 2018, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49\nUnited States Code (U.S.C.) inspected your Fayetteville Express Pipeline in Arkansas and\nMississippi.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items inspected\nand the probable violations are:\n1. §192.465 External corrosion control: Monitoring.\n(a) Each pipeline that is under cathodic protection must be tested at least once\neach calendar year, but with intervals not exceeding 15 months, to determine\nwhether the cathodic protection meets the requirements of §192.463.\nHowever, if tests at those intervals are impractical for separately protected\nshort sections of mains or transmission lines, not in excess of 100 feet (30\nmeters), or separately protected service lines, these pipelines may be surveyed\non a sampling basis. At least 10 percent of these protected structures,\ndistributed over the entire system must be surveyed each calendar year, with\n\n\n\na different 10 percent checked each subsequent year, so that the entire system\nis tested in each 10-year period.\nFayetteville Express Pipeline failed to test each pipeline that is under cathodic protection at least\nonce each calendar year, but with intervals not exceeding 15 months, to determine whether the\ncathodic protection meets the requirements of §192.463. The PHMSA inspector reviewed the\nARMFE110 Annual Test Point Surveys for 2016 through 2018 and found that no tests were\nperformed at Station # 5917 + 27.3, East Russell Discharge Group, CR 104 (Lat 34.958011, Lon\n-91.013571) location for 2016 and 2017. The PHMSA inspector also reviewed the MSMFE110\nAnnual Test Point Surveys for 2016 through 2018 and found that no tests were performed at Station\n# 9427 + 06, East Russell Discharge Group, N of Hwy 3 (Lat 34, Lon -90) location for 2016\nthrough 2017.\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a\nmanual of written procedures for conducting operations and maintenance\nactivities and for emergency response. For transmission lines, the manual\nmust also include procedures for handling abnormal operations. This manual\nmust be reviewed and updated by the operator at intervals not exceeding 15\nmonths, but at least once each calendar year. This manual must be prepared\nbefore operations of a pipeline system commence. Appropriate parts of the\nmanual must be kept at locations where operations and maintenance activities\nare conducted.\nEnergy Transfer failed to follow their prepared procedure for conducting operations and\nmaintenance activities. The operator failed to follow their procedure, D.44: Atmospheric\nCorrosion Inspection, when conducting their atmospheric corrosion inspections for 2013, 2014,\nand 2017, when they incorrectly classified the results of their coating inspections. Appendix B:\nClassification of Coating Inspection of Procedure D.44 provides guidance for classifying coating\nconditions. The classifications are Case 1 through Case 7, where in Case 1, the coating system is\nintact with no indications of corrosion and no action is required. Case 7 is such that the coating\nhas degraded to such a condition that there are indications of pitting, and economic analysis\nindicates maintenance coating is not practical or cost effective, and coating rehabilitation is\nrequired by removing and replacing the existing coating system. The records reviewed for\natmospheric corrosion were classified according to two separate set of conditions. One set of\nrecords show classification of 0 to 4.0 is not listed in the procedure as an adequate classification.\nThe second set of records show classifications of 1 to 4, but with the type, such as S-1 through S-\n4 where S stands for Support and F stands for Flange/Valve, P for Pipe or Vessel and E for Exposed\nPipe or Interface. The records for 2017 showed the percent of coating failure, and whether a recoat\nwas required, and does not include any type of Case 1-7 classification. Neither set of\nclassifications were listed in Appendix B of the procedure, D.44: Atmospheric Corrosion\nInspection.\n2\n\n\n\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$213,268 per violation per day the violation persists, up to a maximum of $2,132,679 for a related\nseries of violations. For violation occurring on or after November 2, 2015 and before November\n27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a maximum\npenalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015, the\nmaximum penalty may not exceed $200,000 per violation per day, with a maximum penalty not to\nexceed $2,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem(s) identified in this letter. Failure to do so will result in Energy Transfer – Fayetteville\nExpress Pipeline 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 4-2018-1016W. 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,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":7029}