{"operation":"document","citation":"CPF 520175009W","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":"2017-06-26","effective_on":null,"summary":"CLOSED warning letter citing 195.404(c)(3).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520175009W","body":"Warning Letter involving HOLLY ENERGY PARTNERS - OPERATING, L.P.. PHMSA's enforcement data identifies the cited regulation as 195.404(c)(3). The case was opened on 2017-06-26 and is reported as closed as of 2017-06-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520175009W_Warning Letter_06262017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175009W/520175009W_Warning%20Letter_06262017.pdf\n\n520175009W_Warning Letter_06262017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175009W/520175009W_Warning%20Letter_06262017_text.pdf\n\n520175009W_Warning Letter_06262017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 26, 2017\nMr. Mark Plake\nPresident\nHolly Energy Partners\n2828 N. Harwood, Suite 1300\nDallas, TX 75201\nRevised CPF 5-2017-5009W\nDear Mr. Plake:\nOn September 19, 2016, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nCheyenne Tanks and Pipeline System in Cheyenne, Wyoming.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and\nthe probable violation is:\n1. §195.404 Maps and records.\n(c) Each operator shall maintain the following records for the periods specified:\n(3) A record of each inspection and test required by this subpart shall be\nmaintained for at least 2 years or until the next inspection or test is performed,\nwhichever is longer.\n\n\n\nAt time of the inspection, no records available to document that inspection and testing of the\noverfill protection systems for tank numbers 72 and 73 had taken place as required by\n§195.428(a).\nAs of April 27, 2017, under 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a\ncivil penalty not to exceed $209,002 per violation per day the violation persists up to a\nmaximum of $2,090,022 for a related series of violations. We have reviewed the\ncircumstances and supporting documents involved in this case, and have decided not to\nconduct additional enforcement action or penalty assessment proceedings at this time. We\nadvise you to correct the item(s) identified in this letter. Failure to do so will result in Holly\nEnergy Partners being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2017-5009W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nSincerely,\nHuy Nguyen\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Stahoviak (#152647)","truncated":false,"body_characters":3228}