CPF 420165004M
CPF 420165004M
party submissionOfficial PDF420165004M_Operator Response to Notice_04142016.pdf#
420165004M_Closure Letter_05052016_text.pdf, page 1Official PDFCERTIFIED MAIL - RETURN RECEIPT REQUESTED May 5, 2016 Leonard Bloom Director of Pipelines Western Refining Pipeline, LLC 111 County Road 4990 Bloomfield, New Mexico 87413 CPF 4-2016-5004M Dear Mr. Bloom: On April 15, 2015, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an accident investigation and reviewed documentation related to the accident at the T Station in Eddy County, New Mexico. As a result of the inspection, Western Refining Pipeline, LLC was issued a Notice of Amendment on March 15, 2016 which proposed amendment of your procedures. Western submitted its amended procedures on April 14, 2016. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, R. M. Seeley Director, Southwest Region Pipeline and Hazardous Materials Safety Administration#
420165004M_Notice of Amendment_03142016_text.pdf, page 1Official PDFNOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED March 14, 2016 Leonard Bloom Director of Pipelines Western Refining Pipeline, LLC 111 County Road 4990 Bloomfield, New Mexico 87413 CPF 4-2016-5004M Dear Mr. Bloom: On April 15, 2015, Western Refining Pipelines experienced a crude oil release in Eddy County, New Mexico. As a result, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code conducted an accident investigation and reviewed Western Refining Pipeline’s Operations and Maintenance procedures related to the activity being performed that day in Eddy County, New Mexico. As a result of the investigation, PHMSA has identified the apparent inadequacy found within Western Refining Pipeline’s procedures, as described below: 1. 195.402 – Procedural Manual for Operations and Maintenance, and emergencies (a) General: Each operator shall prepare and follow for each pipeline system a manual of written procedures for conducting normal operations and maintenance activities and handling abnormal operations and emergencies. In February 2015, Western developed a Crude Oil Fill Plan for the San Ysidro to Placitas to Pecan to Tee Station. On April 15, 2015, while filling the Mesquite Station to T-Station pipeline, Western experienced a release of 50 barrels of crude oil at the T-Station using an inadequate fill plan.#
420165004M_Notice of Amendment_03142016_text.pdf, page 2Western’s Operations and Maintenance Manual, Sections 7.2 – 7.4 detail maintenance procedures, including the startup and shut down of pipeline facilities. Western’s procedures do not contain specific procedures for creating a fill plan or the required components of such a plan. Failure to have a procedure allows for the completion of an operation and maintenance task without guidance or direction. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within [number of days] days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Western maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit the total to Rod Seeley, Director, Southwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 4-2016-5004M and, for each document you submit, please provide a copy in electronic format whenever possible. 2#
420165004M_Notice of Amendment_03142016_text.pdf, page 3Sincerely, R.M. Seeley Director, Southwest Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings 3#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.