{"operation":"document","citation":"CPF 420185015M","title":"WESTERN REFINING LOGISTICS, LP — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-07-20","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(13), 195.402(c)(14), 195.402(c)(3), 195.402(d), 195.452(f), 195.452(k).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185015m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185015m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185015m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420185015M","body":"Notice of Amendment involving WESTERN REFINING LOGISTICS, LP. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(13),  195.402(c)(14),  195.402(c)(3),  195.402(d),  195.452(f),  195.452(k). The case was opened on 2018-07-20 and is reported as closed as of 2019-02-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420185015M_Closure Letter_02122019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185015M/420185015M_Closure%20Letter_02122019.pdf\n\n420185015M_Closure Letter_02122019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185015M/420185015M_Closure%20Letter_02122019_text.pdf\n\n420185015M_Notice of Amendment_07202018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185015M/420185015M_Notice%20of%20Amendment_07202018.pdf\n\n420185015M_Notice of Amendment_07202018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185015M/420185015M_Notice%20of%20Amendment_07202018_text.pdf\n\n420185015M_Operator Response to Notice_08242018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185015M/420185015M_Operator%20Response%20to%20Notice_08242018.pdf\n\n420185015M_Notice of Amendment_07202018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 20, 2018\nDon J. Sorensen\nSenior Vice President Logistics\nWestern Refining Pipelines, LLC\n19100 Ridgewood Parkway\nSan Antonio, Texas 78259\nCPF 4-2018-5015M\nDear Mr. Sorensen:\nFrom March 7, 2017 to September 28, 2017, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Western Refining Pipelines, LLC (Western Refining) procedures for the Texas-New\nMexico and Bisti Station-Gallup Pipeline Systems.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nWestern Refining’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\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 and\nnormal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with each of the\nrequirements of this subpart and subpart H of this part.\nThroughout Western Refining’s Operation & Maintenance Manual the procedures replicate,\nparaphrase and reference the regulations. The procedures need to provide specific detail for safely\ncompleting the process in order to satisfy the requirements of §195.402(c)(3).\n\n\n\nThe following sections of Western Refining’s Operation & Maintenance Manual need to be\namended:\n1. Section 7.2 Responsibilities to Unsafe Conditions, operator fails to define what they consider\nan “immediate hazard” with enough specificity, as required by §195.404(b)(1).\n2. Section 11.1.2 Retention Requirements, parrots code and fails to address assigned\nresponsibilities for record retention, as required by §195.404(b).\n3. Section 11.3.1 Procedure for Establishing MOP, lacks the specificity needed to establish a MOP,\nas required by §195.302(c).\n4. Section 14.14 Subpart H Corrosion Control, fails to offer the detail needed relative to Microbial\nInduced Corrosion, as required by §195.579(b).\nWestern Refining must amend its process and procedures to adequately describe the requirements\nfor the four procedures listed above and to ensure compliance with §195.402(c)(3).\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\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 and\nnormal operations:\n(13) Periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and taking\ncorrective action where deficiencies are found.\nWestern Refining’s Operation & Maintenance Manual replicates, paraphrases and references the\nregulations. The procedures need to provide specific detail for safely completing a process. Section\n7.16 Periodic Procedures Review, fails to define what the operator considers to be “periodic” and\ndoesn’t contain the specificity of how operator will determine the effectiveness of the procedures\nused in normal operation and maintenance and taking corrective action where deficiencies are\nfound.\nWestern Refining must amend its process and procedures to adequately describe the requirements\nfor periodically reviewing work done by operator personnel to ensure compliance with\n§195.402(c)(13).\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\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 and\nnormal operations:\n(14) Taking adequate precautions in excavated trenches to protect personnel from the\nhazards of unsafe accumulations of vapor or gas, and making available when needed at the\nexcavation, emergency rescue equipment, including a breathing apparatus and, a rescue\nharness and line.\n2\n\n\n\nWestern Refining’s Operation & Maintenance Manual Section 7.17 Confined Space Entry\nreplicates, paraphrases and references the regulations. The procedures need to provide specific\ndetail for taking adequate precautions in excavated trenches to protect personnel from the hazards\nof unsafe accumulations of vapor or gas.\nWestern Refining must amend its process and procedures to adequately describe the requirements\nfor adequate precautions in excavated trenches to ensure compliance with §195.402(c)(14).\n4. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(d) Abnormal operation. The manual required by paragraph (a) of this section must include\nprocedures for the following to provide safety when operating design limits have been\nexceeded:\n(1) Responding to, investigating, and correcting the cause of:\n(2) Checking variations from normal operation after abnormal operation has ended at\nsufficient critical locations in the system to determine continued integrity and safe operation.\n(3) Correcting variations from normal operation of pressure and flow equipment and\ncontrols.\n(5) Periodically reviewing the response of operator personnel to determine the effectiveness\nof the procedures controlling abnormal operation and taking corrective action where\ndeficiencies are found.\nThroughout Section 8 Abnormal Operations of Western Refining’s Operation & Maintenance\nManual the procedures replicate, paraphrase and reference the regulations. Instead, the procedures\nneed to provide specific detail for safely completing process in order to satisfy requirements of\n§195.402(d).\nThe following portions of Section 8 Abnormal Operations of Western Refining’s Operation &\nMaintenance Manual need to be amended:\n1. Procedure does not provide enough detail about conducting a root cause analysis to satisfy the\n“investigating, and correcting” required by §195.402(d)(1).\n2. Procedure does not detail follow up monitoring with sufficient detail to comply with\n§195.402(d)(2).\n3. Procedure does not specify how Western Refining will “correct variations” to the extent\nnecessary to satisfy §195.402(d)(3).\n4. Procedure does not detail how Western Refining will periodically review the response of\noperator personnel to determine the effectiveness of the procedures controlling abnormal operation\nas required by §195.402(d)(5).\nWestern Refining must amend its process and procedures to adequately describe the requirements\nfor abnormal operations to ensure compliance with §195.402(d).\n5. §195.452 Pipeline integrity management in high consequence areas.\n(f) What are the elements of an integrity management program? An integrity management\nprogram begins with the initial framework. An operator must continually change the\n3\n\n\n\nprogram to reflect operating experience, conclusions drawn from results of the integrity\nassessments, and other maintenance and surveillance data, and evaluation of consequences\nof a failure on the high consequence area. An operator must include, at minimum, each of\nthe following elements in its written integrity management program:\n(7) Methods to measure the program's effectiveness (see paragraph (k) of this section)\n(k) What methods to measure program effectiveness must be used? An operator's program\nmust include methods to measure whether the program is effective in assessing and\nevaluating the integrity of each pipeline segment and in protecting the high consequence\nareas. See Appendix C of this part for guidance on methods that can be used to evaluate a\nprogram's effectiveness.\nWestern Refining’s integrity management program Section 3 is inadequate in that it does not\nconsider many of the evaluation methods found in Part 195 Appendix C (5)V(D). The operator is\nprimarily focused on In-Line Inspection results and remediation. An operator’s Integrity\nManagement Program should be measuring the effectiveness of all the programs that reside in their\nIntegrity Management plan.\nWestern Refining must amend its process and procedures to adequately describe the requirements\nfor measuring an integrity management program effectiveness and ensure compliance with\n§195.452(f)(7).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart of this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 30 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\n4\n\n\n\nIt is requested (not mandated) that Wester Refining Pipelines, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary McDaniel, Director,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF-4-2018-5015M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n5\n\n420185015M_Closure Letter_02122019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nFebruary 12, 2019\nDon J. Sorensen\nSenior Vice President Logistics\nWestern Refining Pipelines, LLC\n19100 Ridgewood Parkway\nSan Antonio, Texas 78259\nCPF 4-2018-5015M\nDear Mr. Sorenson:\nOn July 24, 2018, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued\nto Western Refining Pipeline, LLC (Western Refining) a Final Order in the above-referenced case.\nThis Order included a Notice of Amendment. Western Refining submitted the required information\non August 24, 2018 and January 7, 2019. Based on our review of the documentation provided, it\nhas been determined that Western Refining has complied with the terms of this Order.\nAccordingly, this case is now closed and no further action is contemplated with respect to the\nmatters involved in this case. Thank you for your cooperation in this matter.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nOffice of Pipeline Safety and Hazardous Materials Safety Administration","truncated":false,"body_characters":12935}