{"operation":"document","citation":"CPF 520176018W","title":"PAR HAWAII REFINING, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-05-24","effective_on":null,"summary":"CLOSED warning letter citing 195.505(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176018w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176018w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176018w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176018W","body":"Warning Letter involving PAR HAWAII REFINING, LLC. PHMSA's enforcement data identifies the cited regulation as 195.505(b). The case was opened on 2017-05-24 and is reported as closed as of 2017-05-24. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176018W_Warning Letter_05242017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176018W/520176018W_Warning%20Letter_05242017.pdf\n\n520176018W_Warning Letter_05242017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176018W/520176018W_Warning%20Letter_05242017_text.pdf\n\n520176018W_Warning Letter_05242017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 24, 2017\nMr. Thomas Weber\nPresident\nPar Hawaii Refining, LLC\n800 Gessner Rd., Suite 875\nHouston, Texas 77024\nCPF 5-2017-6018W\nDear Mr. Weber:\nOn December 5 through 9, 2016, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.),\ninspected your Honolulu Line, a refined products liquid pipeline, in the greater Honolulu area\non the island of Oahu, Hawaii.\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 (CFR). The items\ninspected and the probable violation is:\n\n\n\n1. §195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n…\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\nPar Hawaii Refining, LLC (Par Hawaii) did not ensure that individuals performing the\ncovered task of corrosion investigation of removed pipe were appropriately qualified. Par\nHawaii provided records from pipe removals occurring during the Hart Project in October\n2015. The pipe removal and replacement resulted in four (4) pieces of pipe that were\nremoved for internal inspection. Visual inspection was performed on the four (4) sections of\npipe by two (2) different inspectors, Mr. Trae McAteer and Mr. Farman Kahn.\nNo records were provided by Par Hawaii to demonstrate that Mr. McAteer or Mr. Kahn were\nqualified in abnormal operating conditions or internal corrosion inspection at the time of their\nvisual inspection. Documents provided illustrated that Mr. McAteer visually inspected pipe\nsections D-East and D-West for internal corrosion. Records also show that Mr. Kahn visually\ninspected internal pipe sections A, B, and C for corrosion and that he requested that Mr.\nRandy Hill do ultrasonic thickness measurements on pipe sections A, B, and C. Documents\nprovided by Par Hawaii demonstrate that Mr. Hill however, was properly qualified to perform\nthe ultrasonic thickness measurements.\nPar Hawaii must ensure that all workers performing covered tasks are properly qualified in\naccordance with Subpart G, Qualification of Pipeline Personnel, of 49 CFR §195.\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. 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 items identified in this letter. Failure to do so will result in Par\nHawaii Refining, LLC 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 5-2017-6018W. 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\n\n\n\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 J. Owens (#154499)","truncated":false,"body_characters":4584}