{"operation":"document","citation":"CPF 520145019W","title":"MAGELLAN PIPELINE COMPANY, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-12-09","effective_on":null,"summary":"CLOSED warning letter citing 195.430, 195.571.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145019w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145019w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145019w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520145019W","body":"Warning Letter involving MAGELLAN PIPELINE COMPANY, LP. PHMSA's enforcement data identifies the cited regulations as 195.430,  195.571. The case was opened on 2014-12-09 and is reported as closed as of 2014-12-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520145019W_warning letter_12092014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520145019W/520145019W_warning%20letter_12092014.pdf\n\n520145019W_warning letter_12092014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520145019W/520145019W_warning%20letter_12092014_text.pdf\n\n520145019W_warning letter_12092014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 9, 2014\nMr. Larry Davied\nVice President Technical Services\nMagellan Pipeline Company, LP\nOne Williams Center\nP.O. Box 22186, Mail Drop 27\nTulsa, Oklahoma 74172\nCPF 5-2014-5019W\nDear Mr. Davied:\nBetween September 9 through September 11, 2014 and September 22 through September 25,\n2014, a representative of the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected Magellan’s Refined\nProducts system in Colorado, South Dakota, and Wyoming.\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\nthe probable violations are:\n1. §195.430 Firefighting equipment.\nEach operator shall maintain adequate firefighting equipment at each pump\nstation and breakout tank area. The equipment must be-\n(a) In proper operating condition at all times;\n(b) Plainly marked so that its identity as firefighting equipment is clear; and,\n(c) Located so that it is easily accessible during a fire\n\n\n\nDuring the field inspection of your facilities, it was noted that the firefighting equipment was\nnot readily available in the breakout tank area at the DuPont Terminal. Interviews with\nMagellan personnel revealed that each operation technician’s vehicle has a fire extinguisher.\nPer §195.430, each operator shall maintain adequate firefighting equipment at each pump\nstation and breakout tank area. Since the time of inspection, Magellan has installed six (6)\nnew fire extinguishers in the breakout tank area at the DuPont Terminal.\n2. §195.571 What criteria must I use to determine the adequacy of cathodic\nprotection?\nCathodic protection required by this Subpart must comply with one or more of\nthe applicable criteria and other considerations for cathodic protection contained\nin paragraphs 6.2 and 6.3 of NACE SP 0169 (incorporated by reference, see §\n195.3).\nDuring the review of Magellan’s cathodic protection corrosion control reports, it was noted\nthat the corrosion protection measurement of several test leads were less negative than the\nrequired -850 mV needed to ensure adequate cathodic protection of the pipelines. Magellan’s\nCorrosion Control procedure, 7.04-ADM-001, Revision 14, Section 2.3.2 from Corrosion\nControl Criteria 195.571, states, “when practical, Magellan requires maintaining a polarized\npotential of at least 0.850 volts as measured between the structure and a saturated copper-\ncopper sulfate reference electrode that is in contact with the electrolyte (earth, soil, water,\netc…)”, and Section 2.3.4 states, “when a -0.850 volt potential is not practical, the following\ncriteria is acceptable when approved by the Supervisor of Corrosion Control: a minimum\nnegative (cathodic) polarization shift of 100 mV”. Magellan acquired the assets from Plains\nas of November 15, 2013, and remedial actions to bring cathodic protection levels to\nminimum required levels are still not fully implemented.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 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\nthe item(s) identified in this letter. Failure to do so will result in Magellan Pipeline Company,\nLP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2014-5019W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\n2\n\n\n\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 K. Nguyen\nItem 1 Activity #146198\nItem 2 Activity #146197 and Activity #146198\n3","truncated":false,"body_characters":5388}