{"operation":"document","citation":"CPF 120105003M","title":"PREMCOR PIPELINE COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2010-03-29","effective_on":null,"summary":"CLOSED notice of amendment citing 195.310(b)(3), 195.310(b)(8), 195.559(e), 195.569.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-120105003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/120105003M","body":"Notice of Amendment involving PREMCOR PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.310(b)(3),  195.310(b)(8),  195.559(e),  195.569. The case was opened on 2010-03-29 and is reported as closed as of 2010-04-16. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n120105003M_Notice of Amendment_03292010_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105003M/120105003M_Notice%20of%20Amendment_03292010_text.pdf\n\n120105003M_Operator Response to NOA_04062010.pdf: https://primis.phmsa.dot.gov/enforcement-documents/120105003M/120105003M_Operator%20Response%20to%20NOA_04062010.pdf\n\n120105003M_Notice of Amendment_03292010_text.pdf\n\nU.S. Department 820 Bear Tavern Road, Suite 306\nOf Transportation West Trenton, NJ 08628\nPipeline and 609.989.2171\nHazardous Materials\nSafety Administration\nNOTICE OF AMENDMENT\nEXPRESS OVERNIGHT DELIVERY\nMarch 29, 2010\nMr. Paul Brochu\nVice President of Logistics, Operations & Development\nValero Terminaling and Distribution Company\nOne Valero Way\nSan Antonio, TX 78249-1616\nCPF 120105003M\nDear Mr. Brochu:\nOn September 28 – October 2, 2009, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code inspected\nValero Terminaling and Distribution Company procedures for operations and maintenance in\nDelaware City, Delaware.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within Valero’s\nplans or procedures, as described below:\n1. §195.310 Records.\n(b) The record required by paragraph (a) of this section must include:\n(3) The name of the operator, the name of the person responsible for making\nthe test, and the name of the test company used, if any.\nValero had no written procedure that requires pressure test records to include the name of the\noperator, the name of the person responsible for making the test, and the name of the test\ncompany used, if any. The Valero Operations, Maintenance, and Emergency Procedures,\nRevision 2.3 (9-2009) procedures on pressure testing, Valero Hydrostatic Test Report Form,\n\n\n\nCPF 120105003M\nValero Hydrostatic Test Planning Form Instructions, and Valero Hydrostatic Test Leak Report\nwere reviewed at the time of the inspection; however none of the documents contained these\nprovisions.\n2. §195.310 Records.\n(b) The record required by paragraph (a) of this section must include:\n(8) An explanation of any pressure discontinuities, including test failures\nthat appear on the pressure recording charts.\nValero had no written procedure that requires pressure test records to include an explanation of\nany pressure discontinuities, including test failures that appear on the pressure recording charts.\nThe Valero Operations, Maintenance, and Emergency Procedures, Revision 2.3 (9-2009)\nprocedures on pressure testing, Valero Hydrostatic Test Report Form, Valero Hydrostatic Test\nPlanning Form Instructions, and Valero Hydrostatic Test Leak Report were reviewed at the time\nof the inspection, however, none of the documents contained these provisions.\n3. §195.559 What coating material may I use for external corrosion control?\nCoating material for external corrosion control under Sec. 195.557 must-\n(e) Support any supplemental cathodic protection.\nAlthough Valero’s Delaware City pipeline does have external coating, Valero did not have a\nprocedure that specifies coating material for external corrosion must support any supplemental\ncathodic protection in their Operations, Maintenance, and Emergency Procedures, Revision 2.3\n(5-2009).\n4. §195.569 Do I have to examine exposed portions of buried pipelines?\nWhenever you have knowledge that any portion of a buried pipeline is exposed,\nyou must examine the exposed portion for evidence of external corrosion if the pipe\nis bare, or if the coating is deteriorated. If you find external corrosion requiring\ncorrective action under Sec. 195.585, you must investigate circumferentially and\nlongitudinally beyond the exposed portion (by visual examination, indirect method,\nor both) to determine whether additional corrosion requiring remedial action exists\nin the vicinity of the exposed portion.\nValero did not have a procedure requiring exposed portions of buried pipelines be examined for\nevidence of external corrosion. While there were no procedures for this provision, repair records\nwere reviewed that included the required data, as well as pictures illustrating this had been done.\n120105003M_Notice of Amendment_03292010 2 of 3\n\n\n\nCPF 120105003M\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. 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 information\nqualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the inadequacies\n(49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your\namended procedures to my office within 60 days of receipt of this Notice. This period may be\nextended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIn correspondence concerning this matter, please refer to CPF 120105003M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nByron E. Coy, PE\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n120105003M_Notice of Amendment_03292010 3 of 3","truncated":false,"body_characters":6668}