{"operation":"document","citation":"CPF 52023055WL","title":"PLAINS MARKETING, L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-10-25","effective_on":null,"summary":"CLOSED warning letter citing 195.573(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023055wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023055wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023055wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023055WL","body":"Warning Letter involving PLAINS MARKETING, L.P.. PHMSA's enforcement data identifies the cited regulation as 195.573(a)(1). The case was opened on 2023-10-25 and is reported as closed as of 2023-10-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023055WL_Warning Letter_10252023_(23-264929).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023055WL/52023055WL_Warning%20Letter_10252023_(23-264929).pdf\n\n52023055WL_Warning Letter_10252023_(23-264929)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023055WL/52023055WL_Warning%20Letter_10252023_(23-264929)_text.pdf\n\n52023055WL_Warning Letter_10252023_(23-264929)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: MR. PATRICK HODGINS\nOctober 25, 2023\nMr. Patrick Hodgins\nVice President of HSE\nPlains All American Pipeline, L.P.\n333 Clay Street, Suite 1900\nHouston, TX 77002\nCPF 5-2023-055-WL\nDear Mr. Hodgins:\nFrom April 17, 2023 to April 21, 2023 and September 6, 2023, representatives of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected the Mobile Terminal to Shell pipeline in Mobile, Alabama.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected\nand the probable violation is:\n\n\n\n1. § 195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with § 195.571:\n(1) Conduct tests on the protected pipeline at least once each calendar year, but with\nintervals not exceeding 15 months. However, if tests at those intervals are\nimpractical for separately protected short sections of bare or ineffectively coated\npipelines, testing may be done at least once every 3 calendar years, but with\nintervals not exceeding 39 months.\nPlains All American Pipeline, L.P. (Plains) failed to conduct cathodic protection tests on the\nentire Mobile Terminal to Shell 10\" pipeline at least once each calendar year, but with intervals\nnot exceeding 15 months. Specifically, Annual Test Point Inspection Reports from 2020-2023\ndocument cathodic protection is being monitored on 0.76 miles of the active and filled portion of\nthe Mobile Terminal to Shell 10\" line, but not on the remaining 1.57 miles, which was purged\nand retired in 2007.\nThe deferral of corrosion control on the retired portion of the Mobile Terminal to Shell 10\" line\nshould have been coordinated with PHMSA prior to those activities taking place. On July 10th,\n2023, Plains notified PHMSA in accordance with Advisory Bulletin (ADB)-2016-05 the deferral\nof certain maintenance activities on its active but purged pipelines, including activities cited in\n49 CFR Part 195 Subpart H - Corrosion Control.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in\nPlains being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2023-055-WL. 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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. § 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Luo, C. Cordova (#23-264929)\nAllan Schoen – HSE Senior Specialist (Allan.Schoen@plains.com)","truncated":false,"body_characters":5755}