VALERO PARTNERS OPERATING CO. LLC — Notice of Probable Violation

case documentOfficial PDF42021039NOPV_PCO_11232021_(20-178576).pdf#

case documentOfficial PDF42021039NOPV_PCO_11232021_(20-178576)_text.pdf#

42021039NOPV_Closure Letter_01302023_(20-178576)_text.pdf, page 1Official PDFVIA ELECTRONIC MAIL January 30, 2023 Fred Hampton Vice President Valero Partners Operating Co. LLC One Valero Way San Antonio, Texas 78249 CPF 4-2021-039-NOPV Dear Mr. Hampton: From May 4, 2020 through May 8, 2020, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected Valero Partners Operating Co. LLC’s (Valero) written Operations & Maintenance (O&M) procedural manual and associated records. As a result of the inspection, PHMSA issued a Notice of Probable Violation (Notice) and Proposed Compliance Order on November 23, 2021, and Final Order on February 28, 2022. Valero submitted its response to the Final Order on May 27, 2022. PHMSA reviewed the responses provided to demonstrate compliance with the Compliance Order and determined that Valero has complied with the terms of the Final Order. This letter is to inform you no further response in this case is required, and this case is now closed. Thank you for your cooperation in this matter. Sincerely, Bryan Lethcoe Director, Southwest Region Pipeline and Hazardous Materials Safety Administration cc: Darin Banther, Manager Regulatory Compliance, Valero, Darin.Banther@valero.com#

42021039NOPV_Final Order_02282022_(20-178576)_text.pdf, page 1Official PDFFebruary 28, 2022 VIA ELECTRONIC MAIL TO: fred.hampton@valero.com Mr. Fred Hampton Vice President Valero Partners Operating Co. LLC One Valero Way San Antonio, Texas 78249 Re: CPF No. 4-2021-039-NOPV Dear Mr. Hampton: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and specifies actions that need to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Southwest Region, this enforcement action will be closed. Service of the Final Order by e-mail is effective upon the date of transmission and acknowledgement of receipt as provided under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Alan K. Mayberry Associate Administrator for Pipeline Safety Enclosures (Final Order and NOPV) cc: Ms. Mary McDaniel, Director, Southwest Region, Office of Pipeline Safety, PHMSA Mr. Darin Banther, Manager – Regulatory Compliance, Valero Partners Operating Co. LLC, darin.banther@valero.com CONFIRMATION OF RECEIPT REQUESTED#

42021039NOPV_Final Order_02282022_(20-178576)_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ____________________________________ In the Matter of ) Valero Partners Operating Co. LLC, ) CPF No. 4-2021-039-NOPV ) ) ) Respondent. ) ____________________________________) FINAL ORDER On November 23, 2021, pursuant to 49 C.F.R. § 190.207, the Director, Southwest Region, Office of Pipeline Safety (OPS), issued a Notice of Probable Violation (Notice) to Valero Partners Operating Co. LLC (Respondent). The Notice proposed finding that Respondent had violated the pipeline safety regulations in 49 C.F.R. Part 195. The Notice also proposed certain measures to correct the violations. Respondent did not contest the allegations of violation or corrective measures. Based upon a review of all of the evidence, pursuant to § 190.213, I find Respondent violated the pipeline safety regulations listed below, as more fully described in the enclosed Notice, which is incorporated by reference: 49 C.F.R. § 195.214(a) (Item 1) ─ Respondent failed to qualify its welding procedures to ensure welding would be performed by a qualified welder or welding operator in accordance with welding procedures qualified under Section 5, Section 12, Appendix A, or Appendix B of API Standard 1104, or Section IX of the ASME Boiler and Pressure Vessel Code. 49 C.F.R. § 195.420(b) (Item 3) ─ Respondent failed to inspect each mainline valve at intervals not exceeding 7 ½ months, but at least twice each calendar year, to determine that it is functioning properly. 49 C.F.R. § 195.583(b) (Item 4) ─ Respondent failed to give particular attention to pipe at soil-to-air interfaces, under thermal insulation, under disbonded coatings, at pipe supports, in splash zones, at deck penetrations, and in spans over water during atmospheric corrosion inspections. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent.#

42021039NOPV_Final Order_02282022_(20-178576)_text.pdf, page 3CPF No. 4-2021-039-NOPV Page 2 Compliance Actions Pursuant to 49 U.S.C. § 60118(b) and 49 C.F.R. § 190.217, Respondent is ordered to take the actions proposed in the enclosed Notice to correct the violations. The Director may grant an extension of time to comply with any of the required items upon a written request timely submitted by the Respondent and demonstrating good cause for an extension. Upon completion of ordered actions, Respondent may request that the Director close the case. Failure to comply with this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in referral to the Attorney General for appropriate relief in a district court of the United States. Warning Item With respect to Item 2, the Notice alleged a probable violation of 49 C.F.R. § 195.402, but did not propose a civil penalty or compliance order for this item. Therefore, this is considered a warning item. If OPS finds a violation of this provision in a subsequent inspection, Respondent may be subject to future enforcement action. The terms and conditions of this order are effective upon service in accordance with 49 C.F.R. § 190.5. February 28, 2022 ___________________________________ _________________________ Alan K. Mayberry Date Issued Associate Administrator for Pipeline Safety#