{"operation":"document","citation":"CPF 520165007W","title":"CENEX PIPELINE LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-08-18","effective_on":null,"summary":"CLOSED warning letter citing 195.583(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520165007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520165007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520165007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520165007W","body":"Warning Letter involving CENEX PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.583(b). The case was opened on 2016-08-18 and is reported as closed as of 2016-08-18. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520165007W_Operator Response to Notice_10052016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520165007W/520165007W_Operator%20Response%20to%20Notice_10052016.pdf\n\n520165007W_Warning Letter_08182016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520165007W/520165007W_Warning%20Letter_08182016.pdf\n\n520165007W_Warning Letter_08182016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520165007W/520165007W_Warning%20Letter_08182016_text.pdf\n\n520165007W_Warning Letter_08182016_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nAugust 18, 2016\nMr. Richard S. Petersen\nPresident\nCenex Pipeline, LLC\nPO Box 909\nLaurel, MT 59044\nCPF 5-2016-5007W\nDear Mr. Petersen:\nBetween December 2014 and November 2015, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States\nCode, inspected the Cenex Products Pipeline (Cenex) between Laurel, Montana and Fargo,\nNorth Dakota.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation is as follows:\n1. 195.583 What must I do to monitor atmospheric corrosion control?\n(b) During inspections you must give particular attention to pipe at soil-to-air\ninterfaces, under thermal insulation, under disbonded coatings, at pipe supports, in\nsplash zones, at deck penetrations, and in spans over water.\nDuring the field inspection, Cenex’s Block Valve 17.1 near the Souris River in North Dakota\nwas surrounded by water. This flooded condition was said to be common, and Cenex has\nbeen unable to adequately inspect and coat the exposed pipe at this location. In addition, there\nare two (2) fixed supports without a pipe insulator at block valve 250 near Fargo where the\n\n\n\npipe appears to be corroding at the interface of the support and pipe. These areas must be\ngiven attention to address ongoing atmospheric corrosion.\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 Cenex Pipeline LLC being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2016-5007W and for each document you submit, please provide a copy in\nelectronic format to PHP-WRADMIN@dot.gov whenever possible. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Petronis (#145448)\n2","truncated":false,"body_characters":4023}