# VALERO PARTNERS OPERATING CO. LLC — Notice of Probable Violation

- **operation:** document
- **citation:** CPF 220197001
- **title:** VALERO PARTNERS OPERATING CO. LLC — Notice of Probable Violation
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2019-01-31
- **effective on:** Not available
- **summary:** CLOSED notice of probable violation citing 195.505, 195.505(a), 195.505(b).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-220197001.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-220197001.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-220197001
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/220197001
**body:**

Notice of Probable Violation involving VALERO PARTNERS OPERATING CO. LLC. PHMSA's enforcement data identifies the cited regulations as 195.505,  195.505(a),  195.505(b). The case was opened on 2019-01-31 and is reported as closed as of 2021-06-15. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

220197001_Closure Letter_06152021_(18-159058S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/220197001/220197001_Closure%20Letter_06152021_(18-159058S).pdf

220197001_Closure Letter_06152021_(18-159058S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220197001/220197001_Closure%20Letter_06152021_(18-159058S)_text.pdf

220197001_Final Order_04302020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220197001/220197001_Final%20Order_04302020.pdf

220197001_Final Order_04302020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220197001/220197001_Final%20Order_04302020_text.pdf

220197001_NOPV PCO_01312019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220197001/220197001_NOPV%20PCO_01312019.pdf

220197001_NOPV PCO_01312019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220197001/220197001_NOPV%20PCO_01312019_text.pdf

220197001_Operator Response to Notice and Request Informal Meeting_03012019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220197001/220197001_Operator%20Response%20to%20Notice%20and%20Request%20Informal%20Meeting_03012019.pdf

220197001_Closure Letter_06152021_(18-159058S)_text.pdf

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
June 15, 2021
Mr. Fred Hampton
Vice President Pipeline & Terminals
Valero Partners Operating Co.
One Valero Way
San Antonio, TX 78249
CPF 2-2019-7001
Dear Mr. Hampton:
On April 30, 2020, the Pipeline and Hazardous Materials Safety Administration (PHMSA)
issued to Valero a Final Order in the above-referenced case. The Final Order included a
Compliance Order (CO) which required Valero to undertake certain actions to ensure compliance
with the federal pipeline safety regulations.
In response to the CO, Valero made submittals to OPS Southern Region, documenting its efforts
toward compliance.
Based upon our review of documentation of actions taken, we have determined that Valero has
complied with the terms of the CO and the Final Order. This case in now closed and no further
action is necessary with respect to the matters involved in this case.
Please be advised that this letter refers only to the above referenced order (CPF 2-2019-7001)
and not to any other PHMSA cases, if any.
Sincerely,
James A. Urisko
Director, Office of Pipeline Safety
PHMSA Southern Region

220197001_Final Order_04302020_text.pdf

April 30, 2020
VIA ELECTRONIC MAIL TO: joe.gorder@valero.com
Mr. Joe Gorder
Chairman and Chief Executive Officer
Valero Energy Corporation
One Valero Way
San Antonio, Texas 78249
Re: CPF No. 2-2019-7001
Dear Mr. Gorder:
Enclosed please find the Final Order issued in the above-referenced case. It makes findings of
violation and specifies actions that need to be taken by your subsidiary, Valero Partners
Operating Company, LLC, to comply with the pipeline safety regulations. When the terms of the
modified compliance order have been completed, as determined by the Director, Southern
Region, this enforcement action will be closed. Service of the Final Order by electronic mail is
effective upon the date of transmission as provided under 49 C.F.R. § 190.5.
Thank you for your cooperation in this matter.
Sincerely,
Alan K. Mayberry
Associate Administrator
for Pipeline Safety
Enclosure
cc: Mr. James Urisko, Director, Southern Region, Office of Pipeline Safety, PHMSA
Mr. Fred Hampton, Vice President, Valero Partners Operating Company, LLC,
fred.hampton@valero.com
Mr. James Trevino, Manager – Regulatory Programs and Permitting, Valero Partners
Operating Company, LLC, james.trevino@valero.com
CONFIRMATION OF RECEIPT REQUESTED



U.S. DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OFFICE OF PIPELINE SAFETY
WASHINGTON, D.C. 20590
In the Matter of )
Valero Partners Operating Company, LLC, ) CPF No. 2-2019-7001
a subsidiary of Valero Energy Corporation, )
)
)
)
Respondent. )
__________________________________________)
FINAL ORDER
From March through August 2018, pursuant to 49 U.S.C. § 60117, representatives of the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety
(OPS), conducted an on-site pipeline safety inspection of the facilities and records of Valero
Partners Operating Company, LLC (Valero or Respondent), a subsidiary of Valero Energy
Corporation, in San Antonio, Texas. Valero Energy Corporation, through its subsidiaries, owns
15 petroleum refineries in the United States, Canada, and the United Kingdom, with a capacity of
approximately 3.1 million barrels per day.1
As a result of the inspection, the Director, Southern Region, Office of Pipeline Safety (Director),
issued to Respondent, by letter dated January 31, 2019, a Notice of Probable Violation and
Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice
proposed finding that Valero had committed four violations of 49 C.F.R. Part 195 and proposed
ordering Respondent to take certain measures to correct the alleged violations.
Valero responded to the Notice by letter dated March 1, 2019 (Response). Valero contested one
of the allegations and requested a hearing. Representatives of Valero and OPS held an informal
meeting on April 11, 2019. Subsequently, by letter dated October 1, 2019 (October Letter),
Respondent withdrew its request for a hearing and thereby authorized the entry of this Final
Order without further notice.
1 Valero Energy Corporation website, available at https://www.valero.com/en-us/AboutValero/refining-segment
(last accessed April 21, 2020).



CPF No. 2-2019-7001
Page 2
FINDINGS OF VIOLATION
The Notice alleged that Respondent violated 49 C.F.R. Part 195, as follows:
Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.505(a), which states:
§ 195.505 Qualification program.
Each operator shall have and follow a written qualification program.
The program shall include provisions to:
(a) Identify covered tasks;
The Notice alleged that Respondent violated 49 C.F.R. § 195.505(a) by failing to identify
covered tasks in its written qualification program. Specifically, the Notice alleged that the
“Covered Task List” included in Appendix B of Valero’s Operator Qualification Program did not
include several covered tasks meeting the regulatory definition set forth in 49 C.F.R. § 195.501.
The Notice also alleged Valero’s Operator Qualification Program did not adequately address all
covered tasks performed by Valero.
In its Response, Valero did not contest this alleged violation. Accordingly, after considering all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.505(a) by failing to identify
covered tasks in its written qualification program.
Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b), which states:
§ 195.505 Qualification program.
Each operator shall have and follow a written qualification program.
The program shall include provisions to:
(a) …
(b) Ensure through evaluation that individuals performing covered tasks
are qualified;
The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b) by failing to ensure through
evaluation that individuals performing covered tasks are qualified. Specifically, the Notice
alleged that Valero’s records did not demonstrate that contract employees maintained
qualifications in accordance with Valero’s Operator Qualification Program. The Notice
explained that Valero’s Program required all first re-qualifications to include either a knowledge
or skill assessment while all second re-qualifications were required to include both knowledge
and skill assessments. The Notice alleged that Valero had documentation showing compliance
with its Program for employees, but did not have documentation to show that contract employees
had completed first and second re-qualifications in accordance with the Program. The Notice
alleged Valero’s documentation did not distinguish between first and second qualifications for
contract employees so there was no evidence showing contractors performed knowledge and
skill assessments as prescribed in Valero’s Program.
In its Response, Valero stated it had amended its Operator Qualification Program in January
2018 and notified PHMSA of the changes in April 2018. Valero stated that the revised Operator



CPF No. 2-2019-7001
Page 3
Qualification Program no longer distinguished between first and second re-qualifications.
Valero argued, therefore, there was no violation of the regulations because the documentation
did not need to distinguish between first and second re-qualifications for contractors in order to
show compliance with its Program.
A review of Valero’s Operator Qualification Program shows the last revision to the Program was
made in December 2017, which was the version evaluated by OPS during the inspection.
Appendix C of the 2017 Program, titled, “Qualification Methods and Span of Control,” specifies
that both employees and contractors may complete a knowledge or skills assessment when
initially re-qualifying, but must complete both a knowledge and skills assessment when
performing a second re-qualification. Valero did not submit a newly revised version of its
Program with its Response and did not submit documentation that a revised Program was
transmitted to OPS. Valero also did not submit supplementary documentation showing that
contractors performed first and second re-qualifications in accordance with their 2017 Program.
Accordingly, after considering all of the evidence, I find that Respondent violated 49 C.F.R.
§ 195.505(b) by failing to ensure through evaluation that individuals performing covered tasks
are qualified.
Item 3: The Notice alleged that Respondent violated 49 C.F.R. § 195.505, which states, in
relevant part:
§ 195.505 Qualification program.
Each operator shall have and follow a written qualification program.
The Notice alleged that Respondent violated 49 C.F.R. § 195.505 by failing to follow a written
qualification program. Specifically, the Notice alleged that Appendix C, titled, “Qualification
Methods and Span of Control,” of Valero’s Operator Qualification Program referenced several
industry certifications as acceptable evaluation methods for covered tasks that were not relevant
to the given covered task or did not contain a knowledge or performance assessment that could
be used as qualification method.
In its Response, Valero did not contest this alleged violation. Accordingly, after considering all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.505 by failing to follow a
written qualification program.
Item 4: The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b), which states:
§ 195.505 Qualification program.
Each operator shall have and follow a written qualification program.
The program shall include provisions to:
(a) …
(b) Ensure through evaluation that individuals performing covered tasks
are qualified;
The Notice alleged that Respondent violated 49 C.F.R. § 195.505(b) by failing to ensure through
evaluation that individuals performing covered tasks are qualified. Specifically, the Notice



CPF No. 2-2019-7001
Page 4
alleged that Valero failed to ensure that individuals were qualified to material relevant to each
covered task. The Notice also alleged several performance assessments did not require
performance of all the required steps of some covered tasks. The Notice also alleged that some
performance assessments were conducted orally with no actual performance of task at all.
In its Response, Valero did not contest this alleged violation. Accordingly, after considering all
of the evidence, I find that Respondent violated 49 C.F.R. § 195.505(b) by failing to ensure
through evaluation that individuals performing covered tasks are qualified.
These findings of violation will be considered prior offenses in any subsequent enforcement
action taken against Respondent.
COMPLIANCE ORDER
The Notice proposed a compliance order with respect to Items 1, 2, 3, and 4 in the Notice for
violations of 49 C.F.R. § 195.505. Under 49 U.S.C. § 60118(a), each person who engages in the
transportation of hazardous liquids or who owns or operates a pipeline facility is required to
comply with the applicable safety standards established under chapter 601.
With regard to the violations of § 195.505 (Items 1, 2, 3, and 4), Respondent argued in its
Response and October Letter that the terms should be modified to allow Valero to complete the
remedial requirements within 15 months of the issuance of the Final Order. Respondent
proposed to provide periodic updates to OPS every four months. OPS issued a Region
Recommendation on October 10, 2019 (Recommendation). The Recommendation did not object
to the Respondent’s proposed timeframes for completing the compliance terms or for providing
periodic updates to OPS.
For the above reasons, the Compliance Order is modified as set forth below.
Pursuant to the authority of 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is
ordered to take the following actions to ensure compliance with the pipeline safety regulations
applicable to its operations:
1. With respect to the violation of § 195.505(a) (Item 1), Respondent must, within
15 months of the issuance of the Final Order, complete the following:
a. Review and update Appendix B of Valero’s Operator Qualification
Program, titled “Valero Covered Task List,” to ensure that all covered
tasks performed on Valero’s pipeline facilities are included and accurately
listed.
b. Ensure the review of Valero’s Covered Task List includes the
development of a list of covered tasks specific to breakout tank
inspections and maintenance activities.
c. Provide OPS with periodic updates regarding the compliance of this Item
every four months.



2. 3. 4. 5. CPF No. 2-2019-7001
Page 5
With respect to the violation of § 195.505(b) (Item 2), Respondent must, within
15 months of the issuance of the Final Order, complete the following:
a. Develop the capability to distinguish between the initial evaluation and all
subsequent re-evaluations for contractor personnel or revise the
requirements of Valero’s Operator Qualification Program to comply with
the capabilities of the referenced third-party operator qualification
database.
b. Provide OPS with periodic updates regarding the compliance of this Item
every four months.
With respect to the violation of § 195.505 (Item 3), Respondent must, within 15
months of the issuance of the Final Order, complete the following:
a. Review the evaluation requirements for all accepted industry and third-
party certifications to ensure compliance with the requirements of
Valero’s Operator Qualification Program and their validity as acceptable
evaluation methods for their respective covered tasks.
b. Review and update Appendix C of Valero’s Operator Qualification
Program to ensure all certifications listed are appropriate for each
respective covered task and contain a knowledge evaluation and a
performance evaluation that complies with the requirements of Valero’s
Operator Qualification Program for initial certification, as well as
subsequent re-certifications.
c. Provide OPS with periodic updates regarding the compliance of this Item
every four months.
With respect to the violation of § 195.505(b) (Item 4), Respondent must, within
15 months of the issuance of the Final Order, complete the following:
a. Review all evaluation material referenced by both Valero and its operator
qualification service providers to ensure compliance with Valero’s
Operator Qualification Program.
b. Review and update Appendix C of Valero’s Operator Qualification
Program to ensure all Valero and operator qualification service provider
evaluation materials are appropriate for the given covered task and contain
a knowledge and performance evaluation that complies with the
requirements of Valero’s Operator Qualification Program.
c. Provide OPS with periodic updates regarding the compliance of this Item
every four months.
Within 15 months of the issuance of the Final Order, Valero must submit
documentation to the Director demonstrating completion of Items 1, 2, 3, and 4,
including revised versions of Appendices B and C of Valero’s Operator
Qualification Program, and a list of all changes made to the Program.
The Director may grant an extension of time to comply with any of the required items upon a
written request timely submitted by the Respondent and demonstrating good cause for an
extension.



CPF No. 2-2019-7001
Page 6
It is requested (not mandated) that Respondent maintain documentation of the safety
improvement costs associated with fulfilling this Compliance Order and submit the total to the
Director. It is requested that these costs be reported in two categories: (1) total cost associated
with preparation/revision of plans, procedures, studies and analyses; and (2) total cost associated
with replacements, additions and other changes to pipeline infrastructure.
Failure to comply with this Order may result in the administrative assessment of civil penalties
not to exceed $200,000, as adjusted for inflation (49 C.F.R. § 190.223), for each violation for
each day the violation continues or in referral to the Attorney General for appropriate relief in a
district court of the United States.
Under 49 C.F.R. § 190.243, Respondent has a right to submit a Petition for Reconsideration of
this Final Order. The petition must be sent to: Associate Administrator, Office of Pipeline
Safety, PHMSA, 1200 New Jersey Avenue, SE, East Building, 2nd Floor, Washington, DC
20590, with a copy sent to the Office of Chief Counsel, PHMSA, at the same address. PHMSA
will accept petitions received no later than 20 days after receipt of service of this Final Order by
the Respondent, provided they contain a brief statement of the issue(s) and meet all other
requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective action, remain
in effect unless the Associate Administrator, upon request, grants a stay.
The terms and conditions of this Final Order are effective upon service in accordance with 49
C.F.R. § 190.5.
April 30, 2020
___________________________________ __________________________
Alan K. Mayberry Date Issued
Associate Administrator
for Pipeline Safety
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