TESORO LOGISTICS OPERATIONS LLC - MOUNTAIN REGION — Notice of Probable Violation

case documentOfficial PDF520095022_NOPV PCP_05272009.pdf#

case documentOfficial PDF520095022_NOPV PCP_05272009_text.pdf#

520095022_Final Order_12232009_text.pdf, page 1Official PDFDEC 23 2009 Mr. John Moore Vice-President of Pipelines and Terminals Tesoro Refining and Marketing Co. 300 Concord Plaza San Antonio, TX 78216-6999 Re: CPF No. 5-2009-5022 Dear Mr. Moore: Enclosed is the Final Order issued in the above-referenced case. It makes findings of violation and assesses a civil penalty of $27,600. I acknowledge receipt of your wire transfer of $27,600 on August 10, 2009, and accept it as payment in full of the civil penalty. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Chris Hoidal, Director, Western Region, PHMSA CERTIFIED MAIL – RETURN RECEIPT REQUESTED [7005 0390 0005 6162 5319]#

520095022_Final Order_12232009_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 ) Tesoro Refining and Marketing Co., ) CPF No. 5-2009-5022 ) ) ) Respondent. ) ____________________________________) FINAL ORDER On January 26 through 30, 2009, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an on-site inspection of Tesoro Refining and Marketing Co.’s (Tesoro or Respondent) Salt Lake City Refinery Pipelines in Salt Lake City, Utah. Respondent operates nineteen (19) miles of pipeline through which it transports crude oil and refined petroleum products. As a result of the inspection, the Director, Western Region, OPS (Director), issued to Respondent, by letter dated May 27, 2009, a Notice of Probable Violation and Proposed Civil Penalty (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that Respondent had violated 49 C.F.R. §§ 195.420 and 195.428, and proposed assessing a civil penalty of $27,600 for the alleged violations. Respondent failed to respond within 30 days of receipt of the Notice. Respondent’s failure to respond constitutes a waiver of Respondent’s right to contest the allegations in the Notice and waived its right to one. authorizes the entry of this Final Order.1 Respondent did not request a hearing and therefore has Respondent paid the full proposed civil penalty of $27,600 on August 10, 2009. 1 On October 14, 2009, the Director, Western Region, OPS sent a letter to Tesoro erroneously indicating that the case was closed. Under 49 C.F.R. § 190.213, however, this case may only be closed by issuance of a final order.#

520095022_Final Order_12232009_text.pdf, page 32 FINDINGS OF VIOLATION Respondent did not contest the allegations in the Notice that it violated 49 C.F.R. Part 195, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.420 which states: § 195.420 Valve maintenance. (a) . . . . (b) Each operator shall, at intervals not exceeding 7 1/2 months, but at least twice each calendar year, inspect each mainline valve to determine that it is functioning properly. (c) . . . . The Notice alleged that Respondent violated 49 C.F.R. § 195.420 by failing to inspect certain mainline valves at intervals not exceeding 7 1/2 months, but at least twice each calendar year. Specifically, Respondent’s maintenance records indicated that the inspection interval for eleven (11) mainline valves exceeded 7 ½ months during 2006 and 2007. The following valves were overdue for inspection as follows: A. 25 Days Late 1. Valve 912412-3 2. Valve 912412-4 3. Valve 912412-5 4. Valve 912412-6 5. Valve 912315-1 6. Valve 724614-1 7. Valve 133613-1 B. 60 Days Late 1. Valve 811415-6 2. Valve 811415-8 3. Valve 521414-8 4. Valve 521414-7 Respondent has not disputed this allegation. Accordingly, after considering all the evidence, I find Respondent violated 49 C.F.R. § 195.420 by failing to inspect the above- listed mainline valves at intervals not exceeding 7 1/2 months, but at least twice each calendar year. Item 2: The Notice alleged that Respondent violated 49 C.F.R. § 195.428 which states:#

520095022_Final Order_12232009_text.pdf, page 43 § 195.428 Overpressure safety devices and overfill protection systems. (a) Except as provided in paragraph (b) of this section, each operator shall, at intervals not exceeding 15 months, but at least once each calendar year, or in the case of pipelines used to carry highly volatile liquids, at intervals not to exceed 7 1/2 months, but at least twice each calendar year, inspect and test each pressure limiting device, relief valve, pressure regulator, or other item of pressure control equipment to determine that it is functioning properly, is in good mechanical condition, and is adequate from the standpoint of capacity and reliability of operation for the service in which it is used. (b) . . . . (c) . . . . (d) . . . . The Notice alleged that Respondent violated 49 C.F.R. § 195.428 by failing to inspect certain overpressure safety devices (relief valves) at intervals not exceeding 15 months, but at least once each calendar year. Specifically, Respondent’s records indicated that the inspection interval for two (2) overpressure safety devices exceeded 15 months during 2006 and 2007. The following devices were overdue for inspection by 53 days: A. Safety Device RV 16-125 B. Safety Device RV 16-126 Respondent has not disputed this allegation. Accordingly, after considering all the evidence, I find Respondent violated 49 C.F.R. § 195.428 by failing to inspect the above- listed overpressure safety devices (relief valves) at intervals not exceeding 15 months, but at least once each calendar year. These findings of violation will be considered prior offenses in any subsequent enforcement action taken against Respondent. Having reviewed the record and considered the assessment criteria, I assess Respondent a civil penalty of $27,600, already paid by Respondent. The terms and conditions of this Final Order shall be effective upon receipt. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#