{"operation":"document","citation":"CPF 42022034WL","title":"HARVEST MIDSTREAM COMPANY — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2022-03-21","effective_on":null,"summary":"CLOSED warning letter citing 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022034wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022034wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42022034wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42022034WL","body":"Warning Letter involving HARVEST MIDSTREAM COMPANY. PHMSA's enforcement data identifies the cited regulation as 195.428(a). The case was opened on 2022-03-21 and is reported as closed as of 2022-03-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42022034WL_Warning Letter_03212022_(21-209758).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022034WL/42022034WL_Warning%20Letter_03212022_(21-209758).pdf\n\n42022034WL_Warning Letter_03212022_(21-209758)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42022034WL/42022034WL_Warning%20Letter_03212022_(21-209758)_text.pdf\n\n42022034WL_Warning Letter_03212022_(21-209758)_text.pdf\n\nWARNING LETTER\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMarch 21, 2022\nSean Kolassa\nPresident\nHarvest Midstream Company\n1111 Travis Street\nHouston, Texas 77002\nCPF 4-2022-034-WL\nDear Mr. Kolassa:\nFrom May 19, 2021 through December 5, 2021, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.), inspected Harvest Midstream Company’s (Harvest) onshore hazardous liquid pipeline\nsystems in Louisiana and Texas.\nAs a result of the inspection, it is alleged that Harvest has committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item inspected and\nthe probable violation is:\n1. § 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the case\nof pipelines used to carry highly volatile liquids, at intervals not to exceed 7 ½ months,\nbut at least twice each calendar year, inspect and test each pressure limiting device,\nrelief valve, pressure regulator, or other item of pressure control equipment to\ndetermine that it is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the service\nin which it is used.\nHarvest failed to inspect and test each overpressure safety valve on its Cam Pipeline System\nin Louisiana for the 26-month period June 3, 2019, and August 4, 2021. During the inspection,\nHarvest personnel provided inspection records of the overpressure safety valves for calendar\nyears 2019 and 2021 but were unable to provide records to demonstrate that the inspections\nwere completed in calendar year 2020. This error was explained by a software glitch causing\nthe inspection to be missed. The glitch has since been rectified.\n\n\n\n2\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, Harvest Midstream Company is subject to a civil\npenalty not to exceed $225,134 per violation per day the violation persists, up to a maximum of\n$2,251,334 for a related series of violations. For violations occurring on or after January 11, 2021,\nand before May 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the\nviolation persists, up to a maximum of $2,225,034 for a related series of violations. For violations\noccurring on or after July 31, 2019, and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violations occurring on or after November 27, 2018, and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violations occurring on or after November 2,\n2015, and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2022-034-WL. 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 the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\ncc: Troy Brown, Pipeline Compliance Specialist / Coordinator, Harvest Midstream Company,\ntrbrown@harvestmidstream.com","truncated":false,"body_characters":4852}