{"operation":"document","citation":"CPF 520176008W","title":"THUNDER BASIN PIPELINE, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-03-27","effective_on":null,"summary":"CLOSED warning letter citing 194.117(a)(1)(i), 194.117(b)(1), 195.403(a)(1), 195.404(c)(2), 195.404(c)(3), 195.569, 195.579(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176008w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176008w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176008w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176008W","body":"Warning Letter involving THUNDER BASIN PIPELINE, LLC. PHMSA's enforcement data identifies the cited regulations as 194.117(a)(1)(i),  194.117(b)(1),  195.403(a)(1),  195.404(c)(2),  195.404(c)(3),  195.569,  195.579(c). The case was opened on 2017-03-27 and is reported as closed as of 2017-03-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176008W_Operator Response to Notice_04042017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176008W/520176008W_Operator%20Response%20to%20Notice_04042017.pdf\n\n520176008W_Warning Letter_03272017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176008W/520176008W_Warning%20Letter_03272017.pdf\n\n520176008W_Warning Letter_03272017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176008W/520176008W_Warning%20Letter_03272017_text.pdf\n\n520176008W_Warning Letter_03272017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 27, 2017\nMr. Grant Simms\nCEO\nGenesis Energy, L.P.\n919 Milam Street, Suite 2100\nHouston, TX 77002\nCPF 5-2017-6008W\nDear Mr. Simms:\nOn September 19 through 23, 2016, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code,\ninspected your Thunder Basin Pipeline in Douglas, Wyoming.\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. The items inspected and\nthe probable violations are:\n1. §194.117 Training.\n(b) Each operator shall maintain a training record for each individual that has\nbeen trained as required by this section. These records must be maintained in the\nfollowing manner as long as the individual is assigned duties under the response\nplan:\n(1) Records for operator personnel must be maintained at the operator’s\nheadquarters.\n\n\n\nHazwoper refresher (every two years) training records are not being kept current for response\npersonnel. Hazwoper refresher training for a first emergency responder, 2014 certification,\nwas not signed by the instructor or the employee. In addition, hazwoper refresher training for\na second emergency responder was not provided for 2014 or 2016. Furthermore, Hazwoper\nrefresher training records for a third emergency responder indicated it was beyond the two-\nyear interval for refresher training but was assigned the duties without having recertification.\n2. §194.117 Training.\n(a) Each operator shall conduct training to ensure that:\n(i) Their responsibilities under the response plan.\nPer Appendix D of the operator’s Facility Response Plan (FRP), the operator states they are\nperforming quarterly QI notification exercises, annual equipment deployment exercises, and\nannual spill management team tabletop exercises. The operator failed to perform an annual\ntabletop exercise in 2014.\n3. §195.403 Emergency Response Training.\n(a) Each operator shall establish and conduct a continuing training program to\ninstruct emergency response personnel to:\n(1) Carry out the emergency procedures established under 195.402 that relate to\ntheir assignments.\nThe operator adopted Enterprise’s O&M Manual in August 2016. Prior to that, the operator\nused Genesis’s LOME Manual. The operator has not demonstrated that they are performing\ntraining to its emergency response personnel. Documentation could not be provided to\ndemonstrate that emergency response training occurred in 2015.\n4. §195.404 Maps and Records.\n(c) Each operator shall maintain the following records for the period specified:\n(2) The date, location, and description of each repair made to parts of the\npipeline system other than pipe shall be maintained for at least 1 year.\nThe operator’s records indicated that during an inspection of valve #1810 (on October 12,\n2015), the valve was not seating completely. Records to demonstrate that corrective actions\nwere implemented could not be provided.\n5. §195.404 Maps and Records.\n(c) Each operator shall maintain the following records for the period specified:\n(3) A record of each inspection and test required by this subpart shall be\nmaintained for at least two years or until the next inspection or test is performed,\nwhichever is longer.\nThe 2012 API 653 tank inspection for Tank #1154 indicated several repairs were necessary.\nThe operator was able to provide a proposal for tank repairs and an invoice for repairs but\n2\n\n\n\ncould not demonstrate explicitly which repairs were performed. Detailed repair\ndocumentation could not be provided.\n6. §195.569 Do I have to examine exposed portions of buried pipeline?\nWhenever you have knowledge when any portion of a buried pipeline is exposed,\nyou must examine the exposed portion for evidence of external corrosion if the\npipe is bare, or if the coating is deteriorated. If you find external corrosion\nrequiring corrective action under 195.585, you must investigate circumferentially\nand longitudinally beyond the exposed portion (by visual examination, indirect\nmethod, or both) to determine whether additional corrosion requiring remedial\naction exists in the vicinity of the exposed portion.\nExposed piping reports from Calendar Year 2014 to September 2016 were reviewed. One\nexposure, that occurred in 2014, did not include documentation of a coating inspection.\n7. §195.579 What must I do to mitigate internal corrosion?\n(c) Removing pipe: Whenever you remove pipe from a pipeline, you must inspect\nthe internal surface of the pipe for evidence of corrosion. If you find internal\ncorrosion requiring corrective action under 195.585, you must investigate\ncircumferentially and longitudinally beyond the removed pipe (by visual\nexamination, indirect method, or both) to determine whether additional\ncorrosion requiring remedial action exists in the vicinity of the removed pipe.\nA mainline valve was replaced at Lisco Junction in May 2016. Records for the replacement of\nthe valve were reviewed. No records were provided to demonstrate that an internal inspection\nfor corrosion was performed on the removed pipe/valve at Lisco Junction.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$205,638 per violation per day the violation persists up to a maximum of $2,056,380 for a\nrelated series of violations. For violation occurring between January 4, 2012 to August 1,\n2016, the maximum penalty may not exceed $200,000 per violation per day, with a maximum\npenalty not to exceed $2,000,000 for a related series of violations. For violations occurring\nprior to January 4, 2012, the maximum penalty may not exceed $100,000 per violation per\nday, with a maximum penalty not to exceed $1,000,000 for a related series of violations.\nWe have reviewed the circumstances and supporting documents involved in this case, and\nhave decided not to conduct additional enforcement action or penalty assessment proceedings\nat this time. We advise you to correct the item(s) identified in this letter. Failure to do so will\nresult in Genesis Energy, L.P. 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 5-2017-6008W. 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),\n3\n\n\n\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,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#153764)\n4","truncated":false,"body_characters":7925}