{"operation":"document","citation":"CPF 520176026W","title":"WESTERN MIDSTREAM PARTNERS, LP — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-06-28","effective_on":null,"summary":"CLOSED warning letter citing 194.117(a)(1)(i), 195.404(c)(3), 195.412(a), 195.432(b), 195.507(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176026w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176026w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520176026w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520176026W","body":"Warning Letter involving WESTERN MIDSTREAM PARTNERS, LP. PHMSA's enforcement data identifies the cited regulations as 194.117(a)(1)(i),  195.404(c)(3),  195.412(a),  195.432(b),  195.507(b). The case was opened on 2017-06-28 and is reported as closed as of 2017-06-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520176026W_Warning Letter_06282017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176026W/520176026W_Warning%20Letter_06282017.pdf\n\n520176026W_Warning Letter_06282017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520176026W/520176026W_Warning%20Letter_06282017_text.pdf\n\n520176026W_Warning Letter_06282017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 28, 2017\nMr. Al Walker\nPresident\nAnadarko Petroleum Corporation\n1201 Lake Robbins Drive\nThe Woodlands, TX 77380\nCPF 5-2017-6026W\nDear Mr. Walker:\nOn January 17 through 19, 2017, 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 Wamsutter Crude Pipeline in Wamsutter, 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 (CFR). The items\ninspected and the probable violation(s) are:\n1. §195.412 Inspection of rights-of-way and crossings under navigable waters.\n(a) Each operator shall, at intervals not exceeding three weeks, but at least 26\ntimes each calendar year, inspect the surface conditions on or adjacent to each\npipeline right-of-way. Methods of inspection include walking, driving, flying or\nother appropriate means of traversing the right-of-way.\n\n\n\nDuring the records review of the right-of-way inspections, it was noted that Anadarko\nPetroleum Corporation (APC) exceeded the three-week interval between November 9, 2015\nand December 1, 2015.\n2. §195.432 Inspection of in-service breakout tanks.\n(b) Each operator must inspect the physical integrity of in-service atmospheric\nand low-pressure steel above-ground breakout tanks according to API Std 653\n(except section 6.4.3, Alternative Internal Inspection Interval) (incorporated by\nreference, see §195.3). However, if structural conditions prevent access to the\ntank bottom, its integrity may be assessed according to a plan included in the\noperations and maintenance manual under §195.402(c)(3). The risk-based\ninternal inspection procedures in API Std 653, section 6.4.3 cannot be used to\ndetermine the internal inspection interval.\nDuring the records review of the in-service aboveground breakout tanks inspection, it was\nnoted that the external tank inspection, dated August 2012, identified several areas (page 15 –\nnozzle leakage, page 15 – door sheet H, and page 16 – nozzles) that should either be repaired\nand/or monitored. No records were provided to demonstrate that the appropriate timing for\nrepairs, monitoring, and/or maintenance activities were determined in accordance with API\nStandard 653.\n3. §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.\nDuring the records review of the breakout tanks inspections, it was noted that APC was not\nable to provide any documentation as to when the last internal, out-of-service tank inspection\nwas performed.\n4. §195.507 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(b) Records supporting an individual’s current qualification shall be maintained\nwhile the individual is preforming the covered task. Records of prior\nqualification and records of individuals no longer performing covered tasks shall\nbe retained for a period of five years.\nWhile reviewing the covered task of overfill protection devices, it was determined that APC's\nprocedure for this covered task references API 510. When reviewing the API Standard, it was\ndetermined that the standards does not reference the overfill protection devices or overfill\nprevention alarm switches for atmospheric or low-pressure steel aboveground breakout tanks.\n2\n\n\n\nIt appears that the records for performing overfill protection devices inspections in accordance\nwith API Standard 653 were not maintained.\n5. §194.117 Training\n(a) Each operator shall conduct training to ensure that:\n(1) All personnel know—\n(i) Their responsibilities under the response plan.\nDuring the records review of the response plan training, it was noted that APC’s Facility\nResponse Plan (FRP) states (Section 7.1, April 2014 Revision) that quarterly drills will\nreview manned pipeline emergency procedures and qualified individual notifications.\nHowever, APC did not conduct the quarterly drill for the first quarter of 2016.\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\nAnadarko Petroleum Corporation 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 5-2017-6026W. 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,\nDustin Hubbard\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 D. Fehling (#153719)\n3","truncated":false,"body_characters":6406}