{"operation":"document","citation":"CPF 420125003W","title":"WESTERN REFINING SOUTHWEST, INC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-02-29","effective_on":null,"summary":"CLOSED warning letter citing 195.452(h)(4).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420125003w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420125003w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420125003w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420125003W","body":"Warning Letter involving WESTERN REFINING SOUTHWEST, INC. PHMSA's enforcement data identifies the cited regulation as 195.452(h)(4). The case was opened on 2012-02-29 and is reported as closed as of 2012-02-29. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420125003W_Warning Letter_02292012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420125003W/420125003W_Warning%20Letter_02292012.pdf\n\n420125003W_Warning Letter_02292012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420125003W/420125003W_Warning%20Letter_02292012_text.pdf\n\n420125003W_Warning Letter_02292012_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 29, 2012\nMr. Emmett Reagan\nSr. VP Refining-SW Region\nWestern Refining SW, Inc.\nWestern Refining Pipeline Co.\n123 W. Mills Avenue\nEl Paso, TX 79901-1310\nCPF 4-2012-5003W\nDear Mr. Reagan:\nBetween February 28, and September 14, 2011, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected your integrity management program in Bloomfield, New Mexico.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and the\nprobable violation is:\n§195.452 Pipeline integrity management in high consequence areas.\n(h) What actions must an operator take to address integrity issues?\n(4) Special requirements for scheduling remediation\n(i) Immediate repair conditions. An operator's evaluation and remediation\nschedule must provide for immediate repair conditions. To maintain safety,\nan operator must temporarily reduce operating pressure or shut down the\npipeline until the operator completes the repair of these conditions. An\n\n\n\noperator must calculate the temporary reduction in operating pressure using\nthe formula in Section 451.6.2.2 (b) of ANSI/ ASME B31.4 (incorporated by\nreference, see § 195.3). An operator must treat the following conditions as\nimmediate repair conditions:\n(A) Metal loss greater than 80% of nominal wall regardless of dimensions.\n(B) A calculation of the remaining strength of the pipe shows a predicted\nburst pressure less than the established maximum operating pressure at\nthe location of the anomaly. Suitable remaining strength calculation\nmethods include, but are not limited to, ASME/ANSI B31G (``Manual\nfor Determining the Remaining Strength of Corroded Pipelines'' (1991)\nor AGA Pipeline Research Committee Project PR-3-805 (``A Modified\nCriterion for Evaluating the Remaining Strength of Corroded Pipe''\n(December 1989)). These documents are incorporated by reference and\nare available at the addresses listed in Sec. 195.3.\n(C) A dent located on the top of the pipeline (above the 4 and 8 o'clock\npositions) that has any indication of metal loss, cracking or a stress riser.\n(D) A dent located on the top of the pipeline (above the 4 and 8 o'clock\npositions) with a depth greater than 6% of the nominal pipe diameter.\n(E) An anomaly that in the judgment of the person designated by the\noperator to evaluate the assessment results requires immediate action.\nWestern Refining took a pressure reduction on November 2, 2010 on the 6 inch East\nPipeline after the discovery of an anomaly (dent with metal loss). The pressure reduction\nwas established as follows: a 20% reduction in the pressure level identified as Historical\nHigh Pressure (HHP) (4-hr. minimum duration) documented by records (IMP Integrity\nAssessment Worksheet) to have occurred within the past six months. WNR used 538\npsig as the HHP in the last 6 months to establish a 20% reduction in pressure to 430 psig.\nThe pressure reduction should be a 20% reduction in the HHP observed at the location\nwithin the past 2 months. Star Lake Max Discharge sheets for September 2010 through\nNovember 2, 2010 at the Star Lake Station revealed that the HHP occurred on September\n15, 2010 and was 466 psig. A 20% reduction of 466 psig reduces the pressure to 372\npsig.\nThe pressure reduction taken did not achieve the proper 20% reduction in the historical\nhigh pressure (HHP) providing the additional margin of safety and was therefore non-\ncompliant with 49 CFR §195.452.\n2\n\n\n\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $100,000\nfor each violation for each day the violation persists up to a maximum of $1,000,000 for any\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the item(s) identified in this letter.\nFailure to do so will result in Western Refining SW, Inc./Western Refining Pipeline Co. being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2012-5003W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nR. M. Seeley\nDirector, Southwest Region\nPipeline and Hazardous Materials\nSafety Administration\n3","truncated":false,"body_characters":5667}