{"operation":"document","citation":"CPF 520035030","title":"NAVAJO REFINING COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2003-12-08","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.452(a), 195.452(c)(1)(i), 195.452(c)(1)(ii), 195.452(h)(4)(i)(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520035030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520035030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520035030","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520035030","body":"Notice of Probable Violation involving NAVAJO REFINING COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.452(a),  195.452(c)(1)(i),  195.452(c)(1)(ii),  195.452(h)(4)(i)(d). The case was opened on 2003-12-08 and is reported as closed as of 2004-07-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520035030_final order_07282004.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520035030/520035030_final%20order_07282004.pdf\n\n520035030_final order_07282004.pdf\n\n~J\nUS~~\n~ ~TofO1\nReMGfCh C81d SpecI~ ~~..\nAdn-~~\"vI'oiX1\n400 SevetIt\" 51\nW8sh~~ 0 C\nsw\n~\nJUl 2 8 m4\nMr. Jim G. Townsend\nVice President, Pipeline and Terminals\nNavajo Refining Co. - Pipeline Division\nP.o. Box IS9\nArtesi~ New Mexico 88211-0159\nRe: CPF No. S-2003-S030\nDear Mr. T ownlelMi:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and finds that you have completed the actions\nspecified in the Notice required to comply with the pipeline safety regulations. The Final Order also\nfinds that)\")U have addressed the inadeqUKies in your procedures that were cited in the Notice of\nAmcrxlment. This case is now closed. Your receipt of the Final Order constitutes service oftbat\ndocument under 49 C.F.R. § 190.S.\nSincerely,\n~ ~1l\nJames Re)11Olds\nPipeline Compliance Registry\nOffice of Pipeline Safety\nEnclosure\nCERTIFIED MAIL - RETURN RECEIPT REOUESTED\n\n\n\nDEPARTMENT OF TRANSPORTAllON\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRA nON\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20S90\nIn the Matter of\nNavajo Refining Co.,\nRespondent\nCPF No. 5-2003-5030\nFINAL ORDER\nOn August 12-14 and 26-27, 2003, pursuant to 49 V.S.C. § 60117, rqJresentatives of the Office of\nPipeline Safety (OPS) and the State of New Mexico conducted an on-sjte pipeline safety inspection\nof Respondent's integrity management program and records in Artesia, New Mexico. As a result\noftbeinspection, the Director, WestemRegion, OPS, issued to Respondent by letter-dated ~ber\n8,2003, a Notice of Probable Violation, Proposed Compliance Order, and Notice of Amendment\n(Notice). In accordance with 49 C.F .R. § 190.207, the Notice proposed finding that Respondent had\nviolated 49 C.F.R. § 195.452 and proposed that R~ndent take certain measures to correct the\nalleged violation. The Notice also alleged inadequxies in Respondent's integrity management\nprogram and proposed to require amendment of Respondent's procedures to comply with the\nrequirementsof49 C.F.R. § 195.452.\nRespondent responded to the Notice by letter dated January 7. 2004 (Response). Respondent did not\ncontest the allegations but provided infonnation concerning the corrective actions it has tak~\nincluding copies of its revised procedures. Respondent did not request a hearing. and therefore has\nwaived its right to one.\nF1NDING OF VIOLA nON\nIn its Response. Respondent did not contest the violation alleged in Item 1 of the Notice.\nAccordingly, I find that Respondent violated the followjng sectjon of 49 C.F .R. Part 195. as more\nfully described in the Notice:\n49 C.F.R. § 19S.452(c)(l)(i) - failing to U-~! the integrity of low frequency electric\nresistance welded (ERW) pipe susceptible to longitudinal seam failure using a method\ncapable of~ing seam integrity. Respondent's pipeline from MP 179 to PD Terminal\ncontains pre-1970 low freqUelx;y ERW pipe. Respondent's written baseline assessmei\"d\nshowed the integrity of the pipeline was assessed using a magnetic Oux leakage tool and a\ngeometry tool. While these devices are capable of detecting corrosion and defoMlation\nanomalies. they are not capable of assessing seam integrity. See e.g., NACE RPOI 02-2002.\n\n\n\n2\nThis finding of violation will be considered a prior offense in any subsequent enforcement Ktion\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed 8 compliance order with respect to Item I. Under 49 U .S.C. § 60 118(8), each\nperson who engages in the transportation of hazardous liquids or who owns or operates 8 pipeline\nfacility is required to comply with the applicable safety standards established under Chapter 601.\nThe Director, Western Region. OPS. bas reviewed the corrective action taken by Respondent and\nhas dctcnnined that compliance has been achieved with respect to this violation. Accordingly, it is\nnot necessary to include the compliance terms in this order.\nAMENDMENT OF PROCEDURES\nItems 3, 4 and 5 in the Notice alleged inadequacies in Respondent's integrity management program\nand proposed to require amendment of Respondent's procedures to comply with the requirements\nof 49 C.F .R. § 195.452. In its response, Respondent submitted copies of its amended procedures.\nwhich the Regional Di~tor has reviewed. Accordingly. based on the results of this review, I find\nthat Respondent's original procedures as described in the Notice were inadequate to ensure safe\noperation of its pipeline system, but that Respondent has COlTected the identified inadequacies. No\nneed exists to issue an order di~ting amendment.\nW ARNING ~\nThe Notice did not propose a civil penalty or con-ective action for Item 2, but warned Respondent\nthat it should take appropriate corrective action to correct the item. The warning was for:\n49 C.F.R. § 19S.4S2(h)(4)(i)(D) - failing to immediately repair a dent located at the top of\nthe pipeline at approximately the 12 o'clock position with a depth of9.4% of the nominal\npipe diameter.\nRespondent presented infonnation in its response showing that it has addressed the cited item.\nRespondent is again warned that ifOPS finds a violation for this item in a subsequent inspection.\nenforcement Ktion will be taken.\nJUl 2 8 m4\nDate Issued\nStacey .~\"'\nAssociat . nistrator -\nfor Pipeline Safety !\"!.~~-","truncated":false,"body_characters":5811}