{"operation":"document","citation":"CPF 220195006M","title":"VALERO PARTNERS OPERATING CO. LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-11","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220195006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220195006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220195006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220195006M","body":"Notice of Amendment involving VALERO PARTNERS OPERATING CO. LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(3). The case was opened on 2019-12-11 and is reported as closed as of 2020-03-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220195006M_Closure Letter_03122020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195006M/220195006M_Closure%20Letter_03122020.pdf\n\n220195006M_Closure Letter_03122020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195006M/220195006M_Closure%20Letter_03122020_text.pdf\n\n220195006M_Notice of Amendment_12112019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195006M/220195006M_Notice%20of%20Amendment_12112019.pdf\n\n220195006M_Notice of Amendment_12112019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195006M/220195006M_Notice%20of%20Amendment_12112019_text.pdf\n\n220195006M_Operator Response to Notice_01152020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220195006M/220195006M_Operator%20Response%20to%20Notice_01152020.pdf\n\n220195006M_Closure Letter_03122020_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 12, 2020\nMr. Rodney Reese\nVice President, Operations and Terminals\nValero Partners Operating Co.\nOne Valero Way\nSan Antonio, TX 78249\nCPF 2-2019-5006M\nDear Mr. Reese:\nFrom August 12 to August 15, 2019, representatives from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, inspected\nValero Partners Operating Co. (Valero) procedures, records, and facilities in Arkansas,\nTennessee, and Mississippi. As a result of the inspection, Valero was issued a Notice of\nAmendment (NOA) on December 11, 2019, which proposed amendment of Valero procedures.\nValero submitted its amended procedures on February 24, 2020. OPS has reviewed the amended\nprocedures, and it appears that the inadequacies outlined in the NOA have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nJames A. Urisko\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration\n\n220195006M_Notice of Amendment_12112019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 11, 2019\nRodney Reese\nVice President, Operations and Terminals\nValero Partners Operating Co.\nOne Valero Way\nSan Antonio, TX 78249\nCPF 2-2019-5006M\nDear Mr. Reese:\nOn August 12 to August 15, 2019, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nValero Partners Operating Co. (Valero) procedures, records, and facilities in Arkansas,\nTennessee, and Mississippi.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nValero’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during maintenance\nand normal operations:\n(1) …\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each of\nthe requirements of this subpart and subpart H of this part.\n\n\n\nValero failed to meet the regulation because its procedures did not contain adequate\ninstruction on how to operate, maintain, and repair components of its pipeline system.\nSpecifically, Valero procedures did not include how long the overfill protective device must\nbe activated to receive the overfill protective device alarm in the operations control room.\nValero Procedure 30, titled “OQ covered task, Test Overfill Protective Devices,” prescribes\nhow to test the overfill protective devices on breakout tanks. Task 2.0 of the above referenced\nprocedure states: “Manually trip the over fill protective device alarm.” Task 2.1 states:\n“Activate the high level alarm.”\nPHMSA inspectors observed Valero personnel perform an overfill protective device test at the\nValero West Memphis Terminal. This test did not activate the overfill protective device alarm\nin the operations control center as described in the procedure. A Valero employee who was\nnot currently qualified to perform this test informed the personnel performing the test that “the\nhigh level alarm had to be tripped for at least 30 seconds for the control center to see the\nalarm.” A second test was performed utilizing these instructions and Valero personnel were\nable to verify the alarm was received in the operations control room. Valero’s Procedure 30\ndoes not contain any instruction on this practice.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. 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).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt 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 an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Valero maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to the Director, Southern Region, Pipeline and Hazardous\nMaterials Safety Administration. In correspondence concerning this matter, please refer to\n2\n\n\n\nCPF 2-2019-5006M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nJames A. Urisko\nDirector, Southern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":7236}