{"operation":"document","citation":"CPF 420155022W","title":"WESTERN REFINING LOGISTICS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-10-13","effective_on":null,"summary":"CLOSED warning letter citing 195.302(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155022w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155022w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420155022w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420155022W","body":"Warning Letter involving WESTERN REFINING LOGISTICS, LP. PHMSA's enforcement data identifies the cited regulation as 195.302(a). The case was opened on 2015-10-13 and is reported as closed as of 2015-10-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420155022W_Warning Letter_10132015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155022W/420155022W_Warning%20Letter_10132015.pdf\n\n420155022W_Warning Letter_10132015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420155022W/420155022W_Warning%20Letter_10132015_text.pdf\n\n420155022W_Warning Letter_10132015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 13, 2015\nEmmett Reagan\nSenior Vice President\nWestern Refining Pipeline LLC\n123 W Mills\nEl Paso, Texas 79906\nCPF 4-2015-5022W\nDear Mr. Reagan:\nOn June 30, 2015 Western Refining Pipeline LLC (Western Refining) experienced an\nunintended release in McKinley County, New Mexico on their Hospah-to-Gallup pipeline.\nThe accident, attributed to third party excavation damage, was reported to the National Response\nCenter (#1121456). A representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant Chapter 601 of 49 United States Code, investigated the\naccident.\nAs a result of the investigation, 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 noted below:\n1. §195.302 General requirements.\n(a) Except as otherwise provided in this section and in §195.305(b), no operator may\noperate a pipeline unless it has been pressure tested under this subpart without\nleakage. In addition, no operator may return to service a segment of pipeline that\nhas been replaced, relocated, or otherwise changed until it has been pressure tested\nunder this subpart without leakage.\nWestern Refining failed to complete pressure testing required under Part 195 Subpart E for\napproximately 126 feet of pipe replaced and returned to service at Milepost 33 on the Hospah-to-\n\n\n\nGallup pipeline.\nOn June 30, 2015, Western Refining experienced a reportable accident on their Hospah-to-\nGallup Line, a 6 inch outer diameter crude oil pipeline. As a result of the failure, Western\nRefining replaced 126 feet of pipeline. Western Refining completed the tie-in on July 1, 2015\nand resumed operation of the pipeline system. The replacement pipe was not subjected to a\npressure test before operations restarted. The pipeline system remained in operation until July\n10, when the 126 foot portion of replacement pipe was removed and replaced with pipe that was\npreviously tested to the requirements in Part 195 Subpart E.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\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 being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2015-5022W. 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 Safety Administration\n2","truncated":false,"body_characters":4287}