{"operation":"document","citation":"CPF 420135015","title":"LOOP LLC — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-06-19","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.406(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420135015","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420135015","body":"Notice of Probable Violation involving LOOP LLC. PHMSA's enforcement data identifies the cited regulation as 195.406(b). The case was opened on 2013-06-19 and is reported as closed as of 2013-11-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420135015_Final Order_11142013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135015/420135015_Final%20Order_11142013.pdf\n\n420135015_Final Order_11142013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135015/420135015_Final%20Order_11142013_text.pdf\n\n420135015_NOPV PCO_06192013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135015/420135015_NOPV%20PCO_06192013.pdf\n\n420135015_NOPV PCO_06192013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135015/420135015_NOPV%20PCO_06192013_text.pdf\n\n420135015_Operator Response to Notice_07172013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420135015/420135015_Operator%20Response%20to%20Notice_07172013.pdf\n\n420135015_Final Order_11142013_text.pdf\n\nNOVEMBER 14, 2013\nMr. Thomas Shaw\nPresident\nLOOP, LLC\n137 Northpark Blvd.\nCovington, LA 70433\nRe: CPF No. 4-2013-5015\nDear Mr. Shaw:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that LOOP, LLC, has completed the actions specified in the Notice to comply\nwith the pipeline safety regulations. Therefore, this case is now closed. Service of the Final\nOrder by certified mail is deemed effective upon the date of mailing, or as otherwise provided\nunder 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Mr. R.M. Seeley, Director, Southwest Region, OPS\nMs. CaSandra J. Cooper-Gates, Senior Vice President - Administration, LOOP, LLC\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\n)\nIn the Matter of )\n)\nLOOP, LLC, ) CPF No. 4-2013-5015\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nPursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Office of Pipeline Safety (OPS), conducted an investigation of an\naccident that occurred on May 12, 2013, at the Clovelly Tank Facility operated by LOOP, LLC\n(LOOP or Respondent), in Clovelly, Louisiana. LOOP has fifteen breakout tanks at this facility,\nwhere crude oil is stored before it is distributed via connecting pipelines.\n1 The investigation\narose out of an accident involving Tank 6416 which resulted in the release of 7.6 barrels of crude\noil.\nAs a result of the investigation, the Director, Southwest Region, OPS (Director), issued to\nRespondent, by letter dated June 19, 2013, a Notice of Probable Violation and Proposed\nCompliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed\nfinding that LOOP had violated 49 C.F.R. § 195.406 and proposed ordering Respondent to take\ncertain measures to correct the alleged violation.\nLOOP responded to the Notice by letters dated July 17, 2013, and August 16, 2013 (Response).\nThe company did not contest the allegation of violation but provided information concerning the\ncorrective actions it had taken. Respondent did not request a hearing and therefore has waived\nits right to one.\nFINDING OF VIOLATION\nLOOP did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as follows:\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.406(b), which states:\n1 See http://www.loopllc.com/Services/Tank-Storage (last accessed September 27, 2013).\n\n\n\n2\n§ 195.406 – Maximum operating pressure.\n(a) . . . .\n(b) No operator may permit the pressure in a pipeline during surges or\nother variations from normal operations to exceed 110 percent of the\noperating pressure limit established under paragraph (a) of this section.\nEach operator must provide adequate controls and protective equipment to\ncontrol the pressure within this limit.\nThe Notice alleged that Respondent violated 49 C.F.R. § 195.406(b) by failing to provide\nadequate controls to ensure that the pressure in its pipeline did not exceed 110 percent of the\nmaximum operating pressure. Specifically, the Notice alleged that the technician performing\nmaintenance activity on flow valve 6416 closed the valve while a delivery was being made to\nTank 6416, and that the closure of this valve during the delivery caused an overpressure of the\npipeline. The Notice alleged that LOOP’s maintenance procedure did not specify that flow valve\n6416 must remain open during deliveries to Tank 6416, and did not specify that no maintenance\nof this flow valve can take place during deliveries to Tank 6416. Respondent did not contest this\nallegation of violation. Accordingly, based upon a review of all of the evidence, I find that\nRespondent violated 49 C.F.R. § 195.406(b) by failing to provide adequate controls to ensure\nthat the pressure in its pipeline did not exceed 110 percent of the maximum operating pressure.\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 195.406. Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of hazardous liquids or who owns or operates a pipeline facility is required to\ncomply with the applicable safety standards established under Chapter 601. The Director\nindicates that Respondent has taken the following actions specified in the proposed compliance\norder:\n1. With respect to the violation of § 195.406 (Item 1), Respondent has:\na. Performed a Root Cause Failure Analysis of the accident that occurred on\nMay 12, 2013, and determined corrective actions that would prevent\nrecurrence of similar overpressure events at the Clovelly Tank Facility;\nb. Completed the corrective actions that were identified by the Root Cause\nFailure Analysis;\nc. Revised its procedure titled “Tank Facility Tank Hydraulic Valve\nTFRHYDVLV Annual PM” to clarify notification and procedural\nrequirements for the preventative maintenance activity;\nd. Provided training to technicians and Control Room personnel with\nresponsibility for the Clovelly Tank Facility to ensure that they understand\nrevised procedures, corrective actions, and maximum operating pressures.\n\n\n\n3\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\n___________________________________ __________________________\nJeffrey D. Wiese Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":7021}