{"operation":"document","citation":"CPF 520025014M","title":"TESORO ALASKA PIPELINE COMPANY LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2002-05-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025014m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025014m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520025014m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520025014M","body":"Notice of Amendment involving TESORO ALASKA PIPELINE COMPANY LLC. PHMSA's enforcement data identifies the cited regulation as 195,  195.402(b). The case was opened on 2002-05-03 and is reported as closed as of 2008-05-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520025014M_Order Directing Amendment_02272008.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520025014M/520025014M_Order%20Directing%20Amendment_02272008.pdf\n\n520025014M_order directing amendment_02272008_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520025014M/520025014M_order%20directing%20amendment_02272008_text.pdf\n\n520025014M_order directing amendment_02272008_text.pdf\n\nFPB 2, '1 7008\nU S Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave S E\nWashington DC 20590\nMr, Shawn Brown\nSuperintendent, Pipelines and Terminals\nTesoro Alaska Company\nP. O, Box 3369\nKenai, AK 99611-3369\nRe: CPF No. 5-2002-5014M\nDear Mr. Brown:\nEnclosed is the Order Directing Amendment in the above-referenced case, It makes a\nfinding of inadequate procedures and requires that you amend yoin written operations and\nmaintenance procedures. When the terms of the Order are completed, as determined by the\nDirector, Western Region, PHMSA, this enforcement action vy ill be closed. Your receipt\nof the Order Directing Amendment constitutes service of that document under 49 C. F. R. $\n190. 5.\nThank you for your cooperation in this matter.\nSincerely,\nr(C~ &\n(-~~\nJeffrey D, Wiese\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT RE UESTED\n\n\n\nU. S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nTesoro Alaska Company,\nRespondent\nCPF No. 5-2002-5014M\nORDER DIRECTING AMENDMENT\nOn October 4, 2001, and November 16, 2001, pursuant to 49 U. S. C. $ 60117, a\nrepresentative of the Pipeline and Hazardous Materials Safety Administration (PHMSA)',\nOffice of Pipeline Safety inspected Respondent's facilities and records in Kenai and\nAnchorage, AK. As a result of the inspection, the Director, Western Region, PHMSA\n(Director), issued to Respondent, by letter dated May 3, 2002, a Notice of Amendment\n(NOA). The NOA alleged inadequacies in Respondent's written Operations and\nMaintenance (OAM) procedures and proposed certain amendments to Respondent's\nprocedures to comply with the requirements set forth in 49 C. F. R. $ 195. 406. Section\n195. 402 requires Respondent to have and to follow a written procedural manual for\noperations, maintenance and emergencies.\nRespondent responded to the NOA by letter dated June 7, 2002 (Response). Respondent\ndid not contest the allegations set forth in the NOA and did not request a hearing;\nconsequently, Respondent waived its right to one.\n' EA'ective February 20, 2005, the Pipehne and Hazardous Materials Safety Administration (PHMSA)\nsucceeded Research and Special Programs Administration (RSPA) as the agency responsible for regulatmg\nsafety in pipehne transposition. See, section 108 of the Norman Y Mineta Research and Special Programs\nImprovement Act (Pubhc Law 108-426, 118 Stat 2423-2429 (November 30, 2004)). See also, 70 Fed Reg\n8299 (February 18, 2005) re-delegating the pipelme safety authorities and functions to the PHMSA\nAdministrator\n\n\n\nAccordingly, I find that Respondent's original operations and maintenance procedures, as\ndescribed in the NOA, were inadequate to ensure safe operation of its pipeline system.\nIn its Response, Respondent provided amended O&M procedures to address the\ninadequacies cited in the NOA. Subsequently, Respondent provided additional amended\nprocedures, dated March 11, 2004. The Director has reviewed those amended\nprocedures. Accordingly, based on the results of that review, I find that Respondent has\ncorrected the identified inadequacies for all Items except Item 1(n). Aside from Item\n1(n), Respondent need not take any further action with respect to the other Items in this\ncase.\nItem 1(n) of the NOA proposed that Respondent amend its procedures for compliance\nwith 49 C. F. R. ) 195. 406, to include the process Respondent would use to determine\nMaximum Operating Pressure (MOP) for a new pipe segment, or for new pipe installed\nin its pipeline system. Section 195. 406 prohibits Respondent from operating its pipeline\nbeyond MOP and provides certain criteria for determining the correct MOP.\nRespondent's amended procedures for compliance with $ 195. 406 indicate only that\nRespondent will determine the MOP of any new pipe segment or any new pipe installed\nin its pipeline system by reference to guidance provided by ASME B31. 4 or 49 C. F. R. $\n195. 106. Mere reference to these standards alone is not an acceptable procedure for\ncompliance with $195. 406. Respondent must develop, and include in its O&M manual,\nits own detailed written procedures for determining the correct MOP, Detailed\nprocedures are essential to enable Respondent to make an accurate and reliable\ndetermination of MOP that corresponds to the particular specifications of its pipeline.\nAccordingly, I find that Respondent's O&M procedures remain inadequate to ensure safe\noperation of its pipeline system. Pursuant to 49 U. S, C. ( 60108(a) and 49 C. F. R, $\n190. 237, Respondent is ordered to make the following changes to its operations and\nmaintenance procedures. Respondent must—\n1. Amend its procedures for compliance with ) 195. 406 to include a step-by-step\nprocess detailing how Respondent will determine the maximum operating\npressure for any new pipe segment or any new pipe installed within\nRespondent's pipeline system.\n2. Submit the amended procedures to the Director within thirty (30) days\nfollowing receipt of this Order Directing Amendment. With respect to the\nsubmission of amended procedures, the Director may notify Respondent if\nany or all of the procedures have been amended satisfactorily; or if further\nmodification is necessary, require Respondent to modify the submission to\ncure deficiencies. If the Director finds deficiencies and orders further\nmodification, Respondent must proceed to take all action to correct its\nprocedures to comply with the Director's order. Respondent must correct all\ndeficiencies within the time specified by the Director and resubmit the\nprocedures for review.\n\n\n\n3. If a resubmitted item is disapproved in whole or in part, the Director may\nagain require Respondent to correct the deficiencies in accordance with the\nforegoing procedure, or the Director may otherwise proceed to enforce the\nterms of this Order.\nThe Regional Director may extend the period for complying with any of the required\nitems if the Respondent requests an extension and adequately justifies the reasons for the\nextension.\nThe terms and conditions of this Order Directing Amendment shall be effective upon\nreceipt.\nFailure to comply with this Order may result in administrative assessment of civil\npenalties not to exceed $100, 000 for each violation for each day the violation continues\nor in referral to the Attorney General for appropriate relief in a district court of the United\nStates.\nJeffrey D. Wiese\nAssociate Administrator\nfor Pipeline Safety\nDate Issued","truncated":false,"body_characters":7290}