# MAGELLAN TERMINALS HOLDINGS, LP — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 420205009
- **title:** MAGELLAN TERMINALS HOLDINGS, LP — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2020-05-12
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.132(b)(3), 195.202.
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- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-420205009.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-420205009
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/420205009
**body:**

Notice of Probable Violation involving MAGELLAN TERMINALS HOLDINGS, LP. PHMSA's enforcement data identifies the cited regulations as 195.132(b)(3),  195.202. The case was opened on 2020-05-12 and is reported as closed as of 2020-09-17. Proposed civil penalty: $213,268. Assessed civil penalty: $124,400. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

420205009_ NOPV PCP_05122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205009/420205009_%20NOPV%20PCP_05122020.pdf

420205009_ NOPV PCP_05122020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205009/420205009_%20NOPV%20PCP_05122020_text.pdf

420205009_Final Order_09112020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205009/420205009_Final%20Order_09112020.pdf

420205009_Final Order_09112020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205009/420205009_Final%20Order_09112020_text.pdf

420205009_Operator Response to Notice and Request for a Revised Case File and a Revised Proposed Civil Penalty Worksheet_06152020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205009/420205009_Operator%20Response%20to%20Notice%20and%20Request%20for%20a%20Revised%20Case%20File%20and%20a%20Revised%20Proposed%20Civil%20Penalty%20Worksheet_06152020.pdf

420205009_Final Order_09112020_text.pdf

September 11, 2020
VIA ELECTRONIC MAIL TO: melanie.little@magellanlp.com
Ms. Melanie A. Little
Senior Vice President, Operations and Environmental, Health, Safety & Security
Magellan Midstream Partners, LP
One Williams Center
Tulsa, Oklahoma 74172
Re: CPF No. 4-2020-5009
Dear Ms. Little:
Enclosed please find the Final Order issued to Magellan Terminals Holdings, LP, in the above-
referenced case. It makes one finding of violation and assesses a reduced civil penalty of
$124,400. The penalty payment terms are set forth in the Final Order. This enforcement action
closes automatically upon receipt of payment. Service of the Final Order by electronic mail is
effective upon the date of transmission as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Ms. Mary L. McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA
Mr. Michael N. Mears, President and Chief Executive Officer, Magellan Midstream
Partners, LP, mike.mears@magellanlp.com
Mr. Mark Materna, Director - Pipeline Integrity, Magellan Midstream Partners, LP,
mark.materna@magellanlp.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
________________________________________________
In the Matter of )
)
)
Magellan Terminals Holdings, LP, )
a subsidiary of Magellan Midstream Partners, LP, )
Respondent. )
________________________________________________)
) CPF No. 4-2020-5009
FINAL ORDER
Between April 15-19, and June 3-7, 2019, pursuant to 49 U.S.C. § 60117, a representative of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Magellan
Terminals Holdings, LP’s1 (Magellan or Respondent) Breakout Tank #2533 located in Cushing,
Oklahoma, following an accident that allegedly occurred on December 18, 2018. Magellan
operates four 250,000 bbl gross volume cone roof tanks and associated station piping and
equipment in Cushing, Oklahoma.2
As a result of the inspection, the Director, Southwest Region, OPS (Director), issued to
Respondent, by letter dated May 12, 2020, a Notice of Probable Violation and Proposed Civil
Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that
Magellan had violated 49 C.F.R. § 195.202 and proposed assessing a civil penalty of $213,268
for the alleged violation.
Magellan responded to the Notice by letter dated June 15, 2020 (Response). The company did
not contest the allegation of violation but provided an explanation of its actions and requested
that the proposed civil penalty be reduced. Respondent did not request a hearing and therefore
has waived its right to one.
1 Magellan Terminals Holdings, LP is a subsidiary of Magellan Midstream Partners, LP, see
https://sec report/Document/0001126975-20-000047/exhibit21201910-k htm (identifying subsidiaries of Magellan
Midstream Partners, LP as of December 31, 2019) (last accessed September 9, 2020).
2 Pipeline Safety Violation Report, dated May 12, 2020 (Violation Report), at 1 (on file with PHMSA).



CPF No. 4-2020-5009
Page 2
FINDING OF VIOLATION
In its Response, Magellan did not contest the allegation in the Notice that it violated 49 C.F.R.
Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.202, which states:
§ 195.202 Compliance with specifications or standards.
Each pipeline system must be constructed in accordance with
comprehensive written specifications or standards that are consistent with
the requirements of this part.
The Notice alleged that Respondent violated 49 C.F.R. § 195.202 by failing to construct its
Breakout Tank #2533, located in Cushing, Oklahoma, in accordance with its written
Specification For Aboveground Atmospheric Storage Tanks Rev 9, Date 1-25-2017, and in
accordance with the requirements of § 195.132(b)(3), both of which contain certain requirements
for vacuum tests on bottom lap welds for aboveground breakout tanks. Specifically, the Notice
alleged that an accident investigation of tank #2533, which was placed into service on December
16, 2018, and had a failure two days later, led to the discovery of a pinhole leak on a bottom
plate weld seam caused by a localized inadequate penetration weld defect. Following the
accident, Magellan conducted vacuum box retesting of the bottom plate welds to determine if
there were more defects that had not been found and repaired during the construction. The
vacuum box re-testing revealed that an additional 79 bottom plate welds failed the tests. The
company’s detailed written specifications, Specification For Aboveground Atmospheric Storage
Tanks Rev 9, Date 1-25-2017, requires the welds to be examined by vacuum box testing at the
time of construction. The accident investigation and post-accident testing of the welds allegedly
indicated that the vacuum box testing was performed, but failed to identify approximately 80
defective welds on the tank bottom; therefore, the testing was insufficient to follow the
company’s own written specifications.
Respondent did not contest this allegation of violation. Accordingly, based upon a review of all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.202 by failing to construct its
Breakout Tank #2533, located in Cushing, Oklahoma, in accordance with its own written
specifications, and in accordance with the requirements of § 195.132(b)(3).
This finding of violation will be considered a prior offense in any subsequent enforcement action
taken against Respondent.
ASSESSMENT OF PENALTY
Under 49 U.S.C. § 60122, Respondent is subject to an administrative civil penalty not to exceed
$200,000 per violation for each day of the violation, up to a maximum of $2,000,000 for any
related series of violations.3 In determining the amount of a civil penalty under 49 U.S.C.
§ 60122 and 49 C.F.R. § 190.225, I must consider the following criteria: the nature,
circumstances, and gravity of the violation, including adverse impact on the environment; the
3 These amounts are adjusted annually for inflation. See 49 C.F.R. § 190.223.



CPF No. 4-2020-5009
Page 3
degree of Respondent’s culpability; the history of Respondent’s prior offenses; any effect that
the penalty may have on its ability to continue doing business; and the good faith of Respondent
in attempting to comply with the pipeline safety regulations. In addition, I may consider the
economic benefit gained from the violation without any reduction because of subsequent
damages, and such other matters as justice may require. The Notice proposed a total civil
penalty of $213,268 for the violation cited above.
Item 1: The Notice proposed a civil penalty of $213,268 for Respondent’s violation of 49
C.F.R. § 195.202, for failing to construct its Breakout Tank #2533, located in Cushing,
Oklahoma, in accordance with its own written specifications, and in accordance with the
requirements of § 195.132(b)(3). In its Response, Magellan stated that certain information
contained in the Case File and used to calculate the proposed civil penalty was incorrect.
Specifically, Magellan stated that the actual release volume from the incident was 1.00 barrel of
crude oil, of which 0.50 barrel was recovered, not 1,000 barrels released with 950 barrels
recovered, as stated in the Civil Penalty Worksheet. Magellan relied on the Final 7000-1 Report,
date July 9, 2019, in support. In addition, Magellan stated that the violation occurred prior to
November 27, 2018, not after as alleged in the Civil Penalty Worksheet. For violations
occurring prior to November 27, 2018, but before July 31, 2019, the maximum total penalty for a
single violation is $213,268, while a violation that occurred between November 2, 2015, and
November 27, 2018, carries a maximum penalty for a single violation of $209,002. In support,
Magellan relied on the vacuum box testing report showing that the violation (failure to follow its
procedures for vacuum testing) occurred on June 29, 2018. Magellan did not contest the
proposed civil penalty calculation on any of the other assessment criteria used to calculate the
proposed civil penalty in this case. The Director conceded Magellan’s corrections to the record
and recommended that the penalty be reduced accordingly.
Upon review of the record and the Civil Penalty Worksheet, I find it is appropriate to reduce the
proposed penalty under 49 C.F.R. § 190.225(b)(2) in consideration of such other matters as
justice may require. Specifically, the proposed penalty was based largely on the fact that this
accident was considered a reportable incident under 49 C.F.R. § 195.50. However, since the
incident involved a spill of only 1.00 barrel of oil, of which 0.50 barrel was recovered, and the
amount spilled was similar to amounts that would not be considered reportable under § 195.50, I
find it is appropriate in this case to reduce the penalty to an amount that would ordinarily be
assessed for a non-reportable incident, or $124,400.4
Based upon the foregoing, I assess Respondent a reduced civil penalty of $124,400 for violation
of 49 C.F.R. § 195.202.
Payment of the civil penalty must be made within 20 days of service. Federal regulations (49
C.F.R. § 89.21(b)(3)) require such payment to be made by wire transfer through the Federal
Reserve Communications System (Fedwire), to the account of the U.S. Treasury. Detailed
instructions are contained in the enclosure. Questions concerning wire transfers should be
directed to: Financial Operations Division (AMK-325), Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 S MacArthur Blvd, Oklahoma City, Oklahoma 79169.
4 Respondent also objected to the proposed penalty amount due to the date that the violation occurred. Since that
date only affects a proposed penalty amount when it involves a maximum per-day penalty, the date becomes
immaterial when the maximum penalty is not reached.



CPF No. 4-2020-5009
Page 4
The Financial Operations Division telephone number is (405) 954-8845.
Failure to pay the $124,400 civil penalty will result in accrual of interest at the current annual
rate in accordance with 31 U.S.C. § 3717, 31 C.F.R. § 901.9 and 49 C.F.R. § 89.23. Pursuant to
those same authorities, a late penalty charge of six percent (6%) per annum will be charged if
payment is not made within 110 days of service. Furthermore, failure to pay the civil penalty
may result in referral of the matter to the Attorney General for appropriate action in a district
court of the United States.
Under 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final
Order to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey
Avenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of
Chief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of the
Final Order by Respondent. Any petition submitted must contain a brief statement of the issue(s)
and meet all other requirements of 49 C.F.R. § 190.243. The filing of a petition automatically
stays the payment of any civil penalty assessed. The other terms of the order, including any
corrective action, remain in effect unless the Associate Administrator, upon request, grants a
stay. If Respondent submits payment of the civil penalty, the Final Order becomes the final
administrative decision and the right to petition for reconsideration is waived.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
September 11, 2020
___________________________________ _________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety

420205009_ NOPV PCP_05122020_text.pdf

NOTICE OF PROBABLE VIOLATION
and
PROPOSED CIVIL PENALTY
ELECTRONIC MAIL - RETURN RECEIPT REQUESTED
May 12, 2020
Michael N. Mears
President and CEO
Magellan Midstream Partners, LP
One Williams Center
P.O. Box 22186
Tulsa, Oklahoma 74172
CPF 4-2020-5009
Dear Mr. Mears:
Between April 15-19 and June 3-7, 2019, a representative of the Pipeline and Hazardous Materials
Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to Chapter 601 of 49
United States Code (U.S.C.) inspected your subsidiary, Magellan Terminals Holdings, LP’s
Breakout Tank #2533 located in Cushing, Oklahoma following an accident that occurred on
December 18, 2018.
As a result of the inspection, it is alleged that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected
and the probable violation is:



2
1. §195.202 Compliance with specifications or standards.
Each pipeline system must be constructed in accordance with comprehensive written
specifications or standards that are consistent with the requirements of this part.
§195.132 Design and construction of aboveground breakout tanks.
(b) For aboveground breakout tank first placed in service after October 2, 2000,
compliance with paragraph (a) of this section requires one of the following:
(3) Vertical, cylindrical, welded steel tanks with internal pressures at the tank top
approximating atmospheric pressures (i.e., internal vapor space pressures not greater
than 2.5 psig (17.2 kPa), or not greater than the pressure developed by the weight of
the tank roof) must be designed and constructed in accordance with API Std 650
(incorporated by reference, see §195.3).
Magellan Terminals Holdings, LP (Magellan) failed to construct its Breakout Tank #2533, located
in Cushing, Oklahoma, in accordance with its written specification for Aboveground Atmospheric
Storage Tanks Rev 9, Date 1-25-2017. Magellan’s written procedures contain certain
requirements for vacuum tests on bottom lap welds.
Section 5.11 states that “Contractor shall vacuum test 100 percent of the bottom lap welds per API
650, Section 8.6, for a duration of not less than 5 seconds to 8 to 10 lbf/in2. Also, Section 5.12
requires that “Contractor shall provide documentation of completion by means of a weld map
showing any defects found, with corresponding documentation showing the defect repair
information.” Section 5.15 states that “Following the completion of the floor welds, the tank floor
will be inspected by a 3rd Party inspection company selected by Magellan. This will include a
visual inspection of the floor plates and a vacuum test for 100 percent of the bottom lap welds per
API 650, Section 8.6, for a duration of not less than 5 seconds to 8 to 10 lbf/in2.”
On December 18, 2018, Magellan notified PHMSA of a release from Tank #2533 (NRC 1233392).
The tank was newly constructed and had been placed into service on December 16, 2018. An
investigation of the accident led to the discovery of a pinhole leak on a bottom plate weld seam
caused by a localized inadequate penetration weld defect. Following the accident, Magellan
conducted vacuum box retesting of the bottom plate welds to determine if there were more defects
that had not been found and repaired during the construction. The vacuum box re-testing revealed
that an additional 79 bottom plate welds failed the tests.
The detailed written specifications, “Specification For Aboveground Atmospheric Storage Tanks
Rev 9 Date 1-25-2017,” requires the welds to be examined by vacuum box testing at the time of
construction. The accident investigation and post-accident testing of the welds indicates the
vacuum box testing was performed, but failed to identify approximately 80 defective welds on the
tank bottom; therefore, the testing was insufficient to follow the written specification.



3
Proposed Civil Penalty
Under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed
$218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for a related
series of violations. For violation occurring on or after November 27, 2018 and before July 31,
2019, the maximum penalty may not exceed $213,268 per violation per day, with a maximum
penalty not to exceed $2,132,679. For violation occurring on or after November 2, 2015 and before
November 27, 2018, the maximum penalty may not exceed $209,002 per violation per day, with a
maximum penalty not to exceed $2,090,022. For violations occurring prior to November 2, 2015,
the maximum penalty may not exceed $200,000 per violation per day, with a maximum penalty
not to exceed $2,000,000 for a related series of violations. We have reviewed the circumstances
and supporting documentation involved for the above probable violation and recommend that you
be preliminarily assessed a civil penalty as follows:
Item number PENALTY
1 $213,268
Response to this Notice
Following the receipt of this Notice, you have 30 days to submit written comments, or request a
hearing under 49 CFR § 190.211. If you do not respond within 30 days of receipt of this Notice,
this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the
Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further
notice to you and to issue a Final Order. If you are responding to this Notice, we propose that you
submit your correspondence to my office within 30 days from the receipt of this Notice. This
period may be extended by written request for good cause.
In your correspondence on this matter, please refer to CPF 4-2020-5009 and, for each document
you submit, please provide a copy in electronic format whenever possible.
Sincerely,
Mary L. McDaniel, P.E.
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
cc: Michael Pearson, Vice President, Technical Services, Magellan Terminals Holdings, LP, One
Williams Center, P.O. Box 22186, Tulsa, Oklahoma 74172
Enclosure: Response Options for Pipeline Operators in Enforcement Proceedings
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