{"operation":"document","citation":"CPF 520145012W","title":"HOLLY ENERGY PARTNERS - OPERATING, L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2014-07-31","effective_on":null,"summary":"CLOSED warning letter citing 195.52(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145012w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145012w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520145012w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520145012W","body":"Warning Letter involving HOLLY ENERGY PARTNERS - OPERATING, L.P.. PHMSA's enforcement data identifies the cited regulation as 195.52(a). The case was opened on 2014-07-31 and is reported as closed as of 2014-07-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520145012W_warning letter_07312014.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520145012W/520145012W_warning%20letter_07312014.pdf\n\n520145012W_warning letter_07312014_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520145012W/520145012W_warning%20letter_07312014_text.pdf\n\n520145012W_warning letter_07312014_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 31, 2014\nMr. Robert Jamieson\nV.P. Pipeline Operations\nHolly Energy Partners\n2828 N. Harwood St. Suite 16\nDallas, TX 75201\nCPF 5-2014-5012W\nDear Mr. Jamieson:\nOn July 16, 2014, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code investigated a July\n13, 2014 release from your Break Out Tank #73 at the Holly Frontier Refinery in Cheyenne,\nWyoming. The release spilled 1525 barrels of crude oil into the secondary containment\nsurrounding the tank.\nPHMSA believes that the release was most likely triggered by a prolonged hail storm which\ndeposited 2 to 3 inches of marble-sized hail onto the external floating roof and blocked the roof\ndrain sump. The amount of hail and rain deposited on the external floating roof caused the roof\nto partially sink into the underlying crude oil. The crude oil gathered on the roof through the leg\npenetrations. When the hail melted, the roof drain became functional allowing all of the crude\noil and water on top of the floating roof to drain into the secondary containment.\nAs a result of the investigation, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The probable violation is:\n\n\n\n1. §195.52 Immediate notice of certain accidents.\n(a) Notice requirements. At the earliest practicable moment following discovery of a\nrelease of the hazardous liquid or carbon dioxide transported resulting in an event\ndescribed in § 195.50, the operator of the system must give notice, in accordance\nwith paragraph (b) of this section, of any failure that:\n(1) Caused a death or a personal injury requiring hospitalization;\n(2) Resulted in either a fire or explosion not intentionally set by the operator;\n(3) Caused estimated property damage, including cost of cleanup and recovery,\nvalue of lost product, and damage to the property of the operator or others, or both,\nexceeding $50,000;\n(4) Resulted in pollution of any stream, river, lake, reservoir, or other similar body\nof water that violated applicable water quality standards, caused a discoloration of\nthe surface of the water or adjoining shoreline, or deposited a sludge or emulsion\nbeneath the surface of the water or upon adjoining shorelines; or\n(5) In the judgment of the operator was significant even though it did not meet the\ncriteria of any other paragraph of this section.\nFurther, PHMSA issued Advisory Bulletin ADB 2013-01 in the Federal Register on\nJanuary 30, 2013, the purpose of which was to advise owners and operators of gas\nand hazardous liquids pipeline systems and LNG facilities that they should contact\nthe NRC within one hour of discovery of a pipeline incident and should also file\nadditional telephonic reports if there are significant changes in the number of\nfatalities or injuries, product release estimates or the extent of damages.\nOn Tuesday, July 15, 2014, at 3:59pm Mountain Daylight Time (MDT) a representative of HEP\nnotified the National Response Center (NRC) of the release, NRC Report Number 1089177,\nwhich occurred on July 13, 2014, at 8:05 pm MDT. This is 43 hours and 54 minutes after HEP\nconfirmed the release. Per §195.52 and the above referenced Advisory Bulletin, HEP was\nrequired to notify the NRC within 1 hour of the confirmed release.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $200,000\nper violation per day the violation persists up to a maximum of $2,000,000 for a related series of\nviolations. For violations occurring prior to January 4, 2012, the maximum penalty may not\nexceed $100,000 per violation per day, with a maximum penalty not to exceed $1,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or penalty\nassessment proceedings at this time. We advise you to correct the items identified in this letter.\nFailure to do so will result in HEP being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2014-5012W. Be advised that all material you submit in response to this enforcement\n2\n\n\n\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\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 P. Katchmar (#147325)\n3","truncated":false,"body_characters":5632}