{"operation":"document","citation":"CPF 420085017W","title":"WESTERN REFINING LOGISTICS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2008-07-01","effective_on":null,"summary":"CLOSED warning letter citing 195.402(c), 195.420(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085017w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085017w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420085017w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420085017W","body":"Warning Letter involving WESTERN REFINING LOGISTICS, LP. PHMSA's enforcement data identifies the cited regulations as 195.402(c),  195.420(c). The case was opened on 2008-07-01 and is reported as closed as of 2008-07-01. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420085017W_warning letter_07012008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420085017W/420085017W_warning%20letter_07012008.pdf\n\n420085017w_warning letter_07012008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420085017W/420085017w_warning%20letter_07012008_text.pdf\n\n420085017w_warning letter_07012008_text.pdf\n\nU, 5, DepoItmerIr\nof TranspoItalioiI\nPipeline ond\nHozor'clous iftoterlots Sofety\nAamlnisirotion\n8701 South Gcssher, SuIIC 1110\nHausian, TX 77074\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT RE VESTED\nJuly 1, 2008\nMr. Leroy Crow\nSenior Vice President\nWestern Refining Pipeline Company\n123 W. Mills Avenue\nEl Paso, TX 79901\nCPF 4-2008-5017W\nDear Mr. Crow:\nOn November 27 — December 1, 2006, January 9 — 12, 2007, August 20 — 24, 2007, and November 13—\n16, 2007, representatives of the Pipeline ahd Hazardous Materials Safety Administration (PHMSA)\npursuant to Chapter 601 of 49 United States Code inspected your 424 mile 16-inch pipeline in New\nMexico. The operator at the time of the inspections was Giant Industries, Inc (Giant). We were contacted\nby you and made aware that Western Refining (Western) acquired Giant effective November 14, 2007.\nAs a result of the inspection, it appears that you have committed a probable violation of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The item inspected and the probable violation\nIs:\n1. 5195A02 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual of\nwritten procedures for conducting normal operations and maintenance activities and\nhandling abnormal operations and emergencies. This manual shall be reviewed at\nintervals not exceeding 15 months, but at least once each calendar year, and appropriate\nchanges made as necessary to insure that the manual is effective. This manual shall be\nprepared before initial operations of a pipeline commence, and appropdiate parts shall be\nkept at locations where operations and maintenance activities are conducted.\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(13) Periodically reviewing the work done by operator to determine the\neffectiveness of the procedures used in normal operation and maintenance and\ntaking corrective action where deficiencies are found.\n\n\n\nAt the time of the inspection, Giant was unable to show records of periodic review of the work done by the\noperator to determine the effectiveness of the procedures used in normal operation and maintenance and\ntaking corrective action where deficiencies are found.\nInspector notes taken during the inspection indicate that Section 1. 3. 5 and Form OM-105 address this\nrequirement, but records of the reviews could not be shown.\n2. 5195. 420 Valve maintenance.\n(c) Each operator shall provide protection for each valve from unauthorized operation and\nfrom vandalism.\nNumerous valves were found without locks during the course of the field inspections. These were\ncorrected as found by the operator before leaving each location. It is noted that these were on newly\ninstalled valves and site security was being addressed as part of the start up activities.\nUnder 49 United States Code, () 60122, you are subject to a civil penalty not to exceed $100, 000 for each\nviolation for each day the violation persists up to a maximum of $1, 000, 000 for any related series of\nviolations. We have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the item identified in this letter. Failure to do so will result in Western\nbeing subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to CPF 4-\n2008-5017W, Be advised that all material you submit in response to this enforcement action is subject to\nbeing made 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 must provide\na second copy of the document with the portions you believe qualify for confidential treatment redacted\nand an explanation of why you believe the redacted information qualifies for confidential treatment under\n5 U. S. C. 552(b).\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous\nMaterials Safety Administration","truncated":false,"body_characters":4972}