{"operation":"document","citation":"CPF 520175021W","title":"UNEV PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-09-15","effective_on":null,"summary":"CLOSED warning letter citing 194.107(c)(1)(viii), 195.412(a), 195.420(b), 195.573(a)(1), 195.589(a)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175021w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175021w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520175021w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520175021W","body":"Warning Letter involving UNEV PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 194.107(c)(1)(viii),  195.412(a),  195.420(b),  195.573(a)(1),  195.589(a)(1). The case was opened on 2017-09-15 and is reported as closed as of 2017-09-15. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520175021W_Warning Letter_09152017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175021W/520175021W_Warning%20Letter_09152017.pdf\n\n520175021W_Warning letter_09152017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520175021W/520175021W_Warning%20letter_09152017_text.pdf\n\n520175021W_Warning letter_09152017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nSeptember 15, 2017\nMr. George J. Damiris\nChief Executive Officer and President\nHolly Energy Partners (Operator of UNEV Pipeline, LLC)\n2828 N. Harwood St.\nSuite 1300\nDallas, TX 75201\nCPF 5-2017-5021W\nDear Mr. Damiris:\nOn August 22, 2016, through September 1, 2016, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected your UNEV Pipeline, LLC (UNEV), in Artesia, New Mexico,\nUtah, and Nevada.\nAs a result of the inspection, it is alleged that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The items\ninspected and the probable violation(s) are:\n1. §194.107 General response plan requirements.\n(c) Each response plan must include:\n(1) A core plan consisting of—\n(viii) Equipment testing.\n\n\n\nAt the time of the inspection, no records were available to demonstrate that the operator has\nbeen testing the spill response equipment. The operator’s Facility Response Plans, Section\nA.3.3 Equipment Response Testing and Deployment, state that semi-annual testing is to be\nperformed at the facilities that include Woods Cross, Cedar City Terminal, and Las Vegas\nTerminal. Therefore, UNEV failed to perform testing of emergency response equipment in\naccordance with §194.107(c)(1)(viii).\n2. §195.420 Valve Maintenance.\n(b) Each operator shall, at intervals not exceeding 7 ½ months, but at least twice\nper calendar year, inspect each mainline valve to determine if it is functioning\nproperly.\nUNEV did not inspect each mainline valve to determine if it is functioning properly at\nintervals not exceeding 7 ½ months, but at least twice per calendar year. At the time of the\ninspection, the following valves were not inspected between 2014 and 2016:\n Mainline valves between MP 351.32 and the Las Vegas Terminal were only inspected\nonce during calendar year 2014.\n Mainline valves between MP 0.0 and the Cedar City Terminal exceeded the 7.5 month\ninterval in 2014.\n Mainline valve, MOV 1000, at the Cedar City Terminal Receipt was not inspected in\nDecember 2014, and May 2015.\n Mainline valves between MP 53.31 and the Cedar City Terminal were not inspected\nduring the first interval of 2016.\n3. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times\neach calendar year, inspect the surface conditions on or adjacent to each pipeline\nright-of-way. Methods of inspection include walking, driving, flying or other\nappropriate means of traversing the right-of-way.\nUNEV did not inspect the surface conditions of the pipeline right-of-way at intervals not\nexceeding 3 weeks, but at least 26 times each calendar year. At the time of the inspection,\nsegment 3 exceeded the three weeks between November 24, 2015 and December 19, 2015.\n4. §195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with §195.571:\n(1) Conduct tests on the protected pipeline at least once each calendar year, but\nwith intervals not exceeding 15 months. However, if tests at those intervals are\nimpractical for separately protected short sections of bare or ineffectively coated\npipelines, testing may be done at least once every 3 calendar years, but with\nintervals not exceeding 39 months.\n2\n\n\n\nUNEV did not conduct tests on the protected pipeline at least once each calendar year, but\nwith intervals not exceeding 15 months. At the time of the inspection, cathodic protection\npipe-to-soil annual surveys at the Cedar City Lateral exceeded the 15 months between March\n2013 and December 2014.\n5. §195.589 What corrosion control information do I have to maintain?\n(a) You must maintain current records or maps to show the location of—\n(1) Cathodically protected pipelines.\nAt the time of the inspection, a review of the 2014 to 2016 annual pipe-to-soil surveys\nrevealed several missed test station reads from MP 0.0 to MP 216.1.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $209,002 per violation per day the violation persists up to a maximum of $2,090,022\nfor a related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the item(s)\nidentified in this letter. Failure to do so will result in UNEV Pipeline, LLC being subject to\nadditional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2017-5021W. 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,\nKim West\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#153270 and #153271)\n3","truncated":false,"body_characters":6275}