{"operation":"document","citation":"CPF 320165008M","title":"TESORO GREAT PLAINS MIDSTREAM LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2016-09-19","effective_on":null,"summary":"CLOSED notice of amendment citing 195.214(b), 195.226(a), 195.234(b)(1), 195.234(b)(2), 195.402(c)(13), 195.402(c)(3), 195.402(c)(5), 195.402(d)(5), 195.402(e)(1), 195.402(e)(9), 195.402(f), 195.403(a)(1), 195.403(a)(4), 195.422(b), 195.424(a), 195.428(a), 195.428(d), 195.432(b), 195.440(a), 195.440(g), 195.442(c)(6)(ii), 195.452(f)(3), 195.452(f)(4), 195.452(f)(5), 195.452(f)(6), 195.452(l)(1), 195.505(b), 195.505(h), 195.505(i), 195.555, 195.567(b), 195.573(a)(1), 195.573(c), 195.573(d), 195.583(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165008m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165008m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320165008m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320165008M","body":"Notice of Amendment involving TESORO GREAT PLAINS MIDSTREAM LLC. PHMSA's enforcement data identifies the cited regulations as 195.214(b),  195.226(a),  195.234(b)(1),  195.234(b)(2),  195.402(c)(13),  195.402(c)(3),  195.402(c)(5),  195.402(d)(5),  195.402(e)(1),  195.402(e)(9),  195.402(f),  195.403(a)(1),  195.403(a)(4),  195.422(b),  195.424(a),  195.428(a),  195.428(d),  195.432(b),  195.440(a),  195.440(g),  195.442(c)(6)(ii),  195.452(f)(3),  195.452(f)(4),  195.452(f)(5),  195.452(f)(6),  195.452(l)(1),  195.505(b),  195.505(h),  195.505(i),  195.555,  195.567(b),  195.573(a)(1),  195.573(c),  195.573(d),  195.583(c). The case was opened on 2016-09-19 and is reported as closed as of 2017-02-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320165008M_Closure Letter_02102017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165008M/320165008M_Closure%20Letter_02102017.pdf\n\n320165008M_Closure Letter_02102017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165008M/320165008M_Closure%20Letter_02102017_text.pdf\n\n320165008M_Notice of Amendment_09192016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165008M/320165008M_Notice%20of%20Amendment_09192016.pdf\n\n320165008M_Notice of Amendment_09192016_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165008M/320165008M_Notice%20of%20Amendment_09192016_text.pdf\n\n320165008M_Operator Response to Notice_10182016.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320165008M/320165008M_Operator%20Response%20to%20Notice_10182016.pdf\n\n320165008M_Closure Letter_02102017_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 10, 2017\nMr. Don J. Sorensen\nSenior Vice President, Logistics\nTesoro Great Plains Midstream LLC\n19100 Ridgeway Parkway\nSan Antonio, TX 78259\nCPF 3-2016-5008M\nDear Mr. Sorensen:\nOn July 5-11, 2015 and July 19-24, 2015, a representative of the Central Region office of the\nPipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of\n49 United States Code inspected the operation and maintenance procedures (O&M) and\nintegrity management (IM) procedures for the Tesoro Great Plains Midstream LLC (Tesoro)\nassets at the office in Mandan, North Dakota. As a result of the inspection, Tesoro was issued\na Notice of Amendment on September 19, 2016, which proposed amendment of your\nprocedures.\nTesoro provided its amended procedures on December 19, 2016. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\n\n320165008M_Notice of Amendment_09192016_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 19, 2016\nMr. Don J. Sorensen\nSenior Vice President, Logistics\nTesoro Great Plains Midstream LLC\n19100 Ridgeway Parkway\nSan Antonio, TX 78259\nCPF 3-2016-5008M\nDear Mr. Sorensen:\nOn July 5-11 and 19-24, 2015, a representative of the Central Region office of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United\nStates Code inspected the operation and maintenance procedures (O&M) and integrity\nmanagement (IM) procedures for the Tesoro Great Plains Midstream LLC (Tesoro) assets at\nthe office in Mandan, ND.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nTesoro’s plans or procedures, as described below:\n1. §195.402 - Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n\n\n\n§195.403 Emergency Response Training.\n(a) Each operator shall establish and conduct a continuing training program to\ninstruct emergency response personnel to:\n(1) Carry out the emergency procedures established under 195.402 that relate to their\nassignments;\nThe procedures located in Section 2.2.3 contain the training requirements for the\nemergency plan. However, this is a restatement of the Part 195 code and is inadequate.\nTesoro utilizes a Safety training matrix, which will be incorporated into the Safety Plan and\nwas not referenced in the O&M. Additionally, procedures did not mention that table top\ndrills will be used to meet the requirements of the emergency training as well which is what\nTesoro personnel do.\n2. §195.402(c)(3) - See above\n§195.403 Emergency Response Training.\n(a) Each operator shall establish and conduct a continuing training program to\ninstruct emergency response personnel to:\n(4) Take steps necessary to control any accidental release of hazardous liquid or\ncarbon dioxide and to minimize the potential for fire, explosion, toxicity, or\nenvironmental damage;\nThe procedures located in Section 2.2.3; Number 7 are inadequate because they did not\nreflect what Tesoro does to satisfy the requirement. The procedures did not indicate the\nuse of table top drills and did not reference the training matrix. The matrix indicates that\nthis requirement will be addressed in the mandatory reading of the emergency plan and a\nface to face training session.\n3. §195.402(c)(3) - See above\n§195.422 Pipeline Repairs. (b) No operator may use any pipe, valve, or fitting, for\nreplacement in repairing pipeline facilities, unless it is designed and constructed as\nrequired by this part.\n§195.214 Welding procedures\n(b) Each welding procedure must be recorded in detail, including the results of the\nqualifying tests. This record must be retained and followed whenever the procedure\nis used.\nThe procedure was inadequate because Procedure 6.6.1 did not reference the PCS binder 4\nof 8 Section 3.05 which contains the detailed welding procedures and Procedure Qualifying2\n\n\n\nRecords (PQR). It was also noted that in Section 7.2 of the O&M for welding a sleeve, the\nprocedure may be incorrect. It indicates that a low-hydrogen 6010 electrode will be used.\nA 6010 electrode is cellulosic coated (not low hydrogen) and is typically not used for fillet\nwelding a repair sleeve to the carrier pipe.\n4. §195.402(c)(3) - See above\n§195.422 Pipeline Repairs. (b) No operator may use any pipe, valve, or fitting, for\nreplacement in repairing pipeline facilities, unless it is designed and constructed as\nrequired by this part.\n195.226 Welding: Arc burns.\n(a) Each arc burn must be repaired.\nThe procedure for repair of an arc burn in section 6.6.4 was inadequate because there was\nnot enough information about how to check and repair arc burns. Currently, the procedure\nis mostly a restatement of the Part 195 code.\n5. §195.402(c)(3) - See above\n§195.422 Pipeline Repairs. (b) No operator may use any pipe, valve, or fitting, for\nreplacement in repairing pipeline facilities, unless it is designed and constructed as\nrequired by this part.\n§195.234 Welds: Nondestructive testing. (b) Any nondestructive testing of welds\nmust be performed-\n(1) In accordance with a written set of procedures for nondestructive testing;\nThe procedure in section 6.6 was inadequate because it did not reference the PCS Binder 4\nof 8 Section 3.04 which specifies the company procedures and training required from the\nNDT contractor.\n6. §195.402(c)(3) - See above\n§195.422 Pipeline Repairs. (b) No operator may use any pipe, valve, or fitting, for\nreplacement in repairing pipeline facilities, unless it is designed and constructed as\nrequired by this part.\n§195.234 Welds: Nondestructive testing. (b) Any nondestructive testing of welds\nmust be performed-\n(2) With personnel that have been trained in the established procedures and in the\nuse of the equipment employed in the testing.\n3\n\n\n\nThe procedure was inadequate because it did not reference PCS Binder 4 of 8 Section 3.04\n- Paragraph 3.1 – which requires all contractors to be ASNT certified.\n7. §195.402(c)(3) - See above\n§195.424 Pipe movement.\n(a) No operator may move any line pipe, unless the pressure in the line section\ninvolved is reduced to not more than 50 percent of the maximum operating pressure.\nThe procedure for pipe movement in Section 2.18.2 was inadequate because it was a\nrestatement of the regulations. The procedure did not indicate that a more detailed\nprocedure will be developed prior to performing a line lowering project.\n8. §195.402(c)(3) - See above\n§195.428 Overpressure safety devices and overfill protection systems\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the case\nof pipelines used to carry highly volatile liquids, at intervals not to exceed 7½ months,\nbut at least twice each calendar year, inspect and test each pressure limiting device,\nrelief valve, pressure regulator, or other item of pressure control equipment to\ndetermine that it is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the service in\nwhich it is used.\nThe procedure was inadequate because it did not detail in Section 2.11.4 - Pressure\nControl, the actual procedures for inspecting the ESD valves, the high pressure shut downs\nat Watford City Receipt, and the thermal or manifold reliefs. If procedures to inspect these\ndevices are not included in the O&M, then Tesoro should reference those procedures that\nare described elsewhere.\n9. §195.402(c)(3) - See above\n§195.428 Overpressure safety devices and overfill protection systems\n(d) After October 2, 2000, the requirements of paragraphs (a) and (b) of this section\nfor inspection and testing of pressure control equipment apply to the inspection and\ntesting of overfill protection systems.\nThe procedures in section 2.19.10.4 were inadequate because they did not address\ninspection and testing of over-fill protection devices on the breakout tanks.\n4\n\n\n\n10. §195.402(c)(3) - See above\n§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 above-ground breakout tanks according to API Std 653 (except\nsection 6.4.3, Alternative Internal Inspection Interval) (incorporated by reference, see\n§195.3). However, if structural conditions prevent access to the tank bottom, its\nintegrity may be assessed according to a plan included in the operations and\nmaintenance manual under §195.402(c)(3). The risk- based internal inspection\nprocedures in API Std 653, section 6.4.3 cannot be used to determine the internal\ninspection interval.\nThe procedure for breakout tanks located in Section 2.19.10.4 did not include procedures to\ndo the external ultrasonic (UT) 5 year inspection or the out of service inspections.\n11. §195.402(c)(3) - See above\n§195.440 Public awareness\n(a) Each pipeline operator must develop and implement a written continuing public\neducation program that follows the guidance provided in the American Petroleum\nInstitute's (API) Recommended Practice (RP) 1162 (IBR, see § 195.3).\nSection 9–Evaluation of API RP 1162 indicates:\nThe purpose of the evaluation of the public awareness program is to:\n- assess whether the current program is effective in achieving the objectives for\noperator public awareness programs as defined in 5.1 of this RP,\n- provide the operator with information to determine whether program changes\nmay be warranted.\nThe program evaluation should:\n- pre-test effectiveness of materials,\n- assess program implementation,\n- measure program effectiveness.\nThe procedure for evaluating program effectiveness in the Public Awareness Plan in\nsection 1.9.3 did not indicate who was going to conduct the effectiveness evaluation. The\nprocedures are complete on what is evaluated, but discussion with Tesoro personnel found\nthey utilize a third party to conduct the evaluation.\n12. §195.402(c)(3) - See above\n§195.440 Public awareness\n5\n\n\n\n(g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English speaking\npopulation in the operator's area.\nTesoro’s procedure for determining the concentration of the non-English speaking\npopulation in the areas they traverse was inadequate because it did not describe how Tesoro\ndetermines the threshold of 10%. In Section 1.6 of the Public Awareness Plan, the\nprocedure indicates that if the population of non-English speakers exceeds 10% of the\nentire population, then a second language should be published. However, the procedures\ndid not provide guidance on how personnel can verify if the non-English speaking\npopulation exceeds the 10%.\n13. §195.402(c)(3) - See above\n§195.442 Damage Prevention Program\n(c) The damage prevention program required by paragraph (a) of this section must,\nat a minimum:\n(6) Provide as follows for inspection of pipelines that an operator has reason to\nbelieve could be damaged by excavation activities:\n(ii) In the case of blasting, any inspection must include leakage surveys.\nThe procedure for leak surveying the line after blasting was inadequate because it was just\na restatement of the regulations. The procedure did not provide any detail for Tesoro\npersonnel to ensure the integrity of their line during and after blasting has occurred.\n14. §195.402(c)(3) - See above\n§195.452 Pipeline integrity management in high consequence areas.\n(l) What records must an operator keep to demonstrate compliance?—\n(1) An operator must maintain, for the useful life of the pipeline, records that\ndemonstrate compliance with the requirements of this subpart. At a minimum, an\noperator must maintain the following records for review during an inspection:\n(i) A written integrity management program in accordance with paragraph (b) of\nthis section.\n(ii) Documents to support the decisions and analyses, including any modifications,\njustifications, deviations and determinations made, variances, and actions taken,\nto implement and evaluate each element of the integrity management program\nlisted in paragraph (f) of this section.\n6\n\n\n\nThe Integrity Management (IM) Plan did not have procedures for any record keeping\nrequirements.\n15. §195.402(c)(3) – See above\n§195.555 What are the qualifications for supervisors?\nYou must require and verify that supervisors maintain a thorough knowledge of that\nportion of the corrosion control procedures established under Sec. 195.402(c)(3) for\nwhich they are responsible for insuring compliance.\nThe procedure for qualification of supervisors was inadequate because the procedure did\nnot define clearly how Tesoro is going to meet this regulation. Section 2.2.3 indicates that\nsupervisors in charge of cathodic protection (CP) need to have training included in Phase 1\n– Levels 3, 4, and 5. However, there is no description of what Phase 1 – Level 3, 4 or 5\nmeans. Additionally, Section 2.12.1 should reference 2.2.3.\n16. §195.402(c)(3) -See above\n§195.567 Which pipelines must have test leads and what must I do to install and\nmaintain the leads?\n(b) Installation. You must install test leads as follows:\n(1) Locate the leads at intervals frequent enough to obtain electrical measurements\nindicating the adequacy of cathodic protection.\n(2) Provide enough looping or slack so backfilling will not unduly stress or break the\nlead and the lead will otherwise remain mechanically secure and electrically\nconductive.\n(3) Prevent lead attachments from causing stress concentrations on pipe.\n(4) For leads installed in conduits, suitably insulate the lead from the conduit.\n(5) At the connection to the pipeline, coat each bared test lead wire and bared\nmetallic area with an electrical insulating material compatible with the pipe coating\nand the insulation on the wire.\nThe procedures in the O&M manual for this requirement were inadequate because in\nSection 2.12.1.9, the procedure did not reference Section 2.4 in the Corrosion Control\nstandard operating procedure (SOP).\n17. §195.402(c)(3) - See above\n§195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with Sec. 195.571:\n7\n\n\n\n(1) Conduct tests on the protected pipeline at least once each calendar year, but with\nintervals not exceeding 15 months. However, if tests at those intervals are impractical\nfor separately protected short sections of bare or ineffectively coated pipelines, testing\nmay be done at least once every 3 calendar years, but with intervals not exceeding 39\nmonths.\nIn Section 2.12.1.7, the procedure is inadequate because it does not reference the Corrosion\nStandard Operating Procedures (SOP). Additionally, the SOPs do not contain any step by\nstep procedures as CP work is performed by contractors. The contractor that is doing the\nwork may have procedures (as part of the OQ qualification process); however, Tesoro did\nnot receive copies of those procedures for review and approval and/or reference them in the\nO&M.\n18. §195.402(c)(3) - See above\n§195.573 What must I do to monitor external corrosion control?\nc) Rectifiers and other devices. You must electrically check for proper performance\neach device in the first column at the frequency stated in the second column.\nDevice Check frequency\nRectifier................................. At least six times each calendar year, but with\nintervals not exceeding 2 ½ months\nReverse current switch\nDiodeInterference bond\nwhose failure would jeopardize\nstructural protection\nOther interference bond ...... At least once each calendar year, but with intervals\nnot exceeding 15 months.\nIn Section 2.12.1.7, the procedure is inadequate because it does not contain any step by\nstep procedures to check a rectifier.\n19. §195.402(c)(3) - See above\n§195.573 What must I do to monitor external corrosion control?\nd) Breakout tanks. You must inspect each cathodic protection system used to control\ncorrosion on the bottom of an aboveground breakout tank to ensure that operation\nand maintenance of the system are in accordance with API RP 651 (incorporated by\nreference, see § 195.3). However, this inspection is not required if you note in the\ncorrosion control procedures established under §195.402(c)(3) why complying with all\nor certain operation and maintenance provisions of API RP 651 is not necessary for\nthe safety of the tank.\n8\n\n\n\nThe procedures for monitoring CP on breakout tanks were inadequate because it needs\nmore specificity. The procedure did not have guidance, such as where to take the readings.\n20. §195.402(c)(3) - See above\n§195.583 What must I do to monitor atmospheric corrosion control?\n(c) If you find atmospheric corrosion during an inspection, you must provide\nprotection against the corrosion as required by Sec. 195.581.\nThe procedures in Section 2.12.3 - Atmospheric Corrosion Control, were inadequate\nbecause the procedure needs more verbiage about remedial actions, such as when it should\noccur and what remedial actions may be taken.\n21. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n5) Analyzing pipeline accidents to determine their causes.\nThe procedure in Section 4.12.2 – Accident Investigation was inadequate because it did not\ninclude a change of custody form for transportation of the failed specimen. The procedure\nalso did not include the use of metallurgical testing protocols.\n22. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(13) Periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and taking\ncorrective action where deficiencies are found.\nThe procedure is located in Section 2.16 of the O&M but does not specify how often they\nare going to do this periodic review. The procedures did not have enough specificity on\nhow Tesoro is going to do this review. Lastly, the procedure did not reference Form 33 as\nthe document of record.\n23. §195.402 Procedural manual for operations, maintenance, and emergencies.\n9\n\n\n\n(d) Abnormal operation. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety when operating design limits\nhave been exceeded;\n(5) Periodically reviewing the response of operator personnel to determine the\neffectiveness of the procedures controlling abnormal operation and taking corrective\naction where deficiencies are found.\nTesoro’s procedures in section 3.12 did not contain enough specificity, such as how often\nthe review is going to be done. Also, the procedure did not reference Form 34 as the\ndocument of record.\n24. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(e) Emergencies. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when an emergency condition occurs;\n(1) Receiving, identifying, and classifying notices of events which need immediate\nresponse by the operator or notice to fire, police, or other appropriate public officials\nand communicating this information to appropriate operator personnel for corrective\naction.\nTesoro’s procedures did not appear to be consistent within the O&M in regards to\nnotification of appropriate personnel and emergency responders. The O&M contained\nthese procedures in two locations: Section 4.5.1 of the O&M and section 4.10.2 in the\nstandard emergency response section. However, they appeared to be inconsistent. Section\n4.5.1 indicated that the Supervisor will contact the next level of management in Section\n4A.15, and there is no reference to contacting emergency responders if needed. But in\nsection 4.10.2 under the standard emergency response, the procedure indicates that the\nsupervisor will call emergency responders.\n25. 195.402(e) - See above\n(9) Providing for a post accident review of employee activities to determine whether\nthe procedures were effective in each emergency and taking corrective action where\ndeficiencies are found.\nThe procedures in section 4.12.2 of the O&M manual did not indicate how this review was\ngoing to be documented. Also, the procedure did not reference Form 35 as the document\nof record.\n26. §195.402 Procedural manual for operations, maintenance, and emergencies.\n10\n\n\n\n(f) Safety-related condition reports. The manual required by paragraph (a) of this\nsection must include instructions enabling personnel who perform operation and\nmaintenance activities to recognize conditions that potentially may be safety-related\nconditions that are subject to the reporting requirements of §195.55.\nTesoro’s procedure for safety related condition reports was inadequate because the\nreferenced form within the procedure used to document the safety related condition reports\nis missing the principle address requirement on the form.\n27. §195.452 Pipeline integrity management in high consequence areas.\n(f) What are the elements of an integrity management program? An integrity\nmanagement program begins with the initial framework. An operator must\ncontinually change the program to reflect operating experience, conclusions drawn\nfrom results of the integrity assessments, and other maintenance and surveillance\ndata, and evaluation of consequences of a failure on the high consequence area. An\noperator must include, at minimum, each of the following elements in its written\nintegrity management program:\n(3) An analysis that integrates all available information about the integrity of the\nentire pipeline and the consequences of a failure (see paragraph (g) of this section)\nIn Section 4.4, the procedures were inadequate because there was no guidance on the\ndisposition of information reviewed and discussed during the annual meeting. Any\ninformation vetted through the annual review must be incorporated into the required\n§195.452 (g) information analysis (e.g. a risk model, or other processes used to analyze and\nintegrate information). Additionally, the IM Plan did not include adequate procedures for\nevaluating pump stations and breakout tanks for the HCAs that could be affected in the\nevent of a spill.\n28. §195.452(f) (See above)\n(4) Criteria for remedial actions to address integrity issues raised by the assessment\nmethods and information analysis (see paragraph (h) of this section);\nThe review of the procedures for anomaly repair and temporary pressure reductions\nidentified the following procedures as inadequate:\n1) §195.452(h) requires operators to address anomalous conditions and remediate those\nthat could reduce a pipeline’s integrity; therefore, procedures are necessary to provide\ntimely discovery of anomalous conditions through integrity assessments. The procedures\nwere insufficient to describe how Tesoro validates inline inspection (ILI) tool performance.\nFor example, in section 6 regarding confirmation digs, the procedure indicates that a\nconfirmation dig “may” be done, and the procedures did not include comparisons of ILI\n11\n\n\n\ndata with as-found data when performing confirmation and/or integrity digs on the\npipeline.\n2) Regarding repairs, Tesoro references the repair matrix from API 1160 for repair\nmethods that are utilized for certain types of defects. However, the footnotes that go along\nwith the repair matrix were not included and should be when following industry standards\nand practices.\n3) The IM Plan indicates that non-destructive testing (NDT), such as radiography, must\nalso be utilized to inspect for cracks or stress corrosion cracking, whenever a susceptible\nsection of pipe is exposed. Magnetic particle inspection and/or ultrasonic techniques are\nmore common practices used to identify and/or size crack-like anomalies, and the\nprocedures did not include these as NDT methods where applicable.\n4) In section 7.4 and 7.5, the procedure indicates that in the event that a pressure reduction\nis necessary, the amount of the reduction will be based on an ASME B31G calculation\n(ASME B31G “Manual for Determining the Remaining Strength of Corroded Pipelines”).\nHowever, there are anomalies types where ASME B31G would not be applicable;\ntherefore, the procedure should describe the pressure reduction for those situations as well\n(e.g. a minimum 20% reduction in operating pressure for immediate repair conditions,\netc.).\n29. §195.452(f) (See above)\n(5) A continual process of assessment and evaluation to maintain a pipeline's\nintegrity (see paragraph (j) of this section);\nThe procedure in Section 6.0 - Integrity Assessments was inadequate because it did not\nindicate how Tesoro selects ILI assessment methods. Specifically, the plan did not indicate\nthat a geometry tool would be utilized with an MFL tool in order to detect deformation\nanomalies as well as corrosion anomalies [see §195.452(j)(5)(i)] .\n30. §195.452(f) (See above)\n(6) Identification of preventive and mitigative measures to protect the high\nconsequence area (see paragraph (i) of this section);\nThe procedure in Section 8 for preventive and mitigative (P&M) measures indicates that a\nrisk assessment is used to determine what additional measures are needed. At the time of\nPHMSA’s inspection, Tesoro was utilizing the existing normal O&M requirements as\nP&M measures, since the line was recently constructed. However, the procedure did not\nrequire an analysis to identify additional measures to enhance public safety or\nenvironmental protection [see§195.452(i)], including a decision basis for selecting and\nimplementing certain P&M measures.\n12\n\n\n\n31. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nTesoro’s Operator Qualification (OQ) Plan was inadequate because the procedures did not\ntake into account what to do in acquisitions or mergers.\n32. §195.505 (See Above)\n(h) After December 16, 2004, provide training, as appropriate, to ensure that\nindividuals performing covered tasks have the necessary knowledge and skills to\nperform the tasks in a manner that ensures the safe operation of pipeline facilities;\nTesoro’s OQ Plan was inadequate because it did not contain any procedures to provide\ntraining for the covered tasks.\n33. §195.505 (See Above)\n(i) After December 16, 2004, notify the Administrator or a state agency participating\nunder 49 U.S.C. Chapter 601 if the operator significantly modifies the program after\nthe Administrator or state agency has verified that it complies with this section.\nTesoro’s OQ Plan was inadequate because the procedures do not specify that any\nnotification will be done when a significant change has occurred in the OQ plan.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part 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\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must 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\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find\nfacts as alleged in this Notice without further notice to you and to issue a Final Order.\n13\n\n\n\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 90 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.\nIt is requested (not mandated) that Tesoro Great Plains Midstream LLC maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Allan C.\nBeshore, Director, Central Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 3-2014-5008M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nAllan C. Beshore\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n14","truncated":false,"body_characters":31790}