{"operation":"document","citation":"CPF 220155002W","title":"VALERO PARTNERS OPERATING CO. LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-04-10","effective_on":null,"summary":"CLOSED warning letter citing 195.208, 195.432(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220155002w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220155002w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220155002w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220155002W","body":"Warning Letter involving VALERO PARTNERS OPERATING CO. LLC. PHMSA's enforcement data identifies the cited regulations as 195.208,  195.432(b). The case was opened on 2015-04-10 and is reported as closed as of 2015-04-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220155002W_warning letter_04102015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220155002W/220155002W_warning%20letter_04102015.pdf\n\n220155002W_warning letter_04102015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220155002W/220155002W_warning%20letter_04102015_text.pdf\n\n220155002W_warning letter_04102015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 10, 2015\nMr. Richard Lashway\nPresident and Chief Operating Officer\nValero Partners Operating Co. LLC\nOne Valero Way\nSan Antonio, Texas 78249\nCPF 2-2015-5002W\nDear Mr. Lashway:\nOn November 17-20, 2014, and February 2-3, 2015, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Southern Region, Office of Pipeline\nSafety (OPS), pursuant to Chapter 601 of 49 United States Code inspected the Valero Partners\nOperating Company (Valero) records and pipeline facilities in San Antonio, Texas, Byhalia,\nMississippi, and Memphis, Tennessee.\nAs a result of the inspection, it appears that Valero has committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are as follows:\n1. §195.208 Welding of supports and braces.\nSupports or braces may not be welded directly to pipe that will be operated at a\npressure of more than 100 p.s.i. (689 kPa) gage.\nValero’s Shorthorn Pipeline, which operates above 100 psi, had supports welded directly\nto aboveground pipe at the origin of the pipeline.\n2. §195.432 Inspection of in-service breakout tanks.\n… (b) Each operator must inspect the physical integrity of in-service atmospheric\nand low-pressure steel aboveground breakout tanks according to API Standard 653\n(incorporated by reference, see § 195.3). However, if structural conditions prevent\naccess to the tank bottom, the bottom integrity may be assessed according to a plan\nincluded in the operations and maintenance manual under § 195.402(c)(3).\n\n\n\nValero did not inspect the physical integrity of its aboveground steel breakout Tank 813,\nWest Memphis, Arkansas, according to API Standard 653.\nValero conducted an API internal inspection of Tank 813 in accordance with API 653,\nSection 6.4 from October 9-11, 2008. Valero then conducted an external inspection of\nTank 813 on March 17, 2014, in accordance with API 653, paragraph 6.3.2. This\nexceeded the 5-year inspection interval required by API 653.\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 Valero being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 2-2015-5002W. 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\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,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n2","truncated":false,"body_characters":4246}