{"operation":"document","citation":"CPF 320135007W","title":"PLAINS PIPELINE, L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-02-25","effective_on":null,"summary":"CLOSED warning letter citing 195.404(a)(3), 195.432(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135007w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135007w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320135007w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320135007W","body":"Warning Letter involving PLAINS PIPELINE, L.P.. PHMSA's enforcement data identifies the cited regulations as 195.404(a)(3),  195.432(b). The case was opened on 2013-02-25 and is reported as closed as of 2013-02-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320135007W_Warning Letter_02252013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135007W/320135007W_Warning%20Letter_02252013.pdf\n\n320135007W_Warning Letter_02252013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320135007W/320135007W_Warning%20Letter_02252013_text.pdf\n\n320135007W_Warning Letter_02252013_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 25, 2013\nMr. Troy Valenzuela\nVice President – Environmental Health and Safety\nPlains Pipeline, L.P.\n333 Clay Street\nSuite 1600\nHouston, TX 77002\nCPF 3-2013-5007W\nDear Mr. Valenzuela:\nOn October 8-12, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nrecords in Belfield, ND and your facilities in Montana and North Dakota.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violation(s) are:\n1. §195.432 Inspection of in-service breakout tanks.\n(b) Each operator must inspect the physical integrity of in-service atmospheric and\nlow-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\nAt the Trenton Station, Plains has not inspected breakout tanks 88051 and 88040 per API\n653 since 2009.\nThe Trenton Gathering System was originally considered non-jurisdictional until the\ngathering and low stress rules were promulgated. At that time of the inspection, Plains\ndesignated only the pipelines of that system located near or within an HCA as\njurisdictional. However, Plains did not consider the Trenton facility as jurisdictional.\nAfter this issue was brought out in the inspection, Plains reviewed their HCA maps and\nagreed that the facility was jurisdictional since it was located within an HCA. Plains\nprovided dates of inspections in accordance with the EPA regulations since the time of\ninstallation. However, these inspections did not meet API 653 requirements. Plains\nimmediately scheduled the API 653 5 year UT external inspections which were completed\nin November 2012. The API 653 out-of-service inspections are scheduled for April and\nMay of 2013.\n2. §195.404 Maps and Records.\n(a) Each operator shall maintain current maps and records of its pipeline systems\nthat include at least the following information;\n(3) The maximum operating pressure of each pipeline.\nPlain’s maximum operating pressure (MOP) records did not accurately indicate the MOP\nof the Trenton Gathering System consistent with §195.406(a).\nOn the Four Mile to Ft Buford 10” line, the documentation indicated that the MOP was\n1440 psig based on an 1800 psig pressure test. However, the determination worksheet\nindicated that the design pressure of the pipe was 1407 psig. The MOP should be 1407\npsig since that pressure is lower of the two. On the Ft. Buford to Hwy 1804 6” section, the\nsame 1440 psig MOP was established based on an 1800 psig pressure test. However, the\ndesign pressure on the 6” line was 1424 psig. The MOP should have been documented as\n1424 psig since that was the lower of the two pressures. A review of operating pressure\nrecords indicated that the lower MOP’s were not exceeded.\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 Plains Pipeline, L.P. being\nsubject to additional enforcement action.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 3-2013-5007W. 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 portion\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nDavid Barrett\nDirector, Central Region\nPipeline and Hazardous Materials Safety Administration\n3","truncated":false,"body_characters":5359}