{"operation":"document","citation":"CPF 520195014W","title":"MARATHON PIPE LINE (WEST) — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-12-09","effective_on":null,"summary":"CLOSED warning letter citing 195.307(d).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195014w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195014w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520195014w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520195014W","body":"Warning Letter involving MARATHON PIPE LINE (WEST). PHMSA's enforcement data identifies the cited regulation as 195.307(d). The case was opened on 2019-12-09 and is reported as closed as of 2019-12-09. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520195014W_Warning Letter_12092019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195014W/520195014W_Warning%20Letter_12092019.pdf\n\n520195014W_Warning Letter_12092019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520195014W/520195014W_Warning%20Letter_12092019_text.pdf\n\n520195014W_Warning Letter_12092019_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 9, 2019\nMr. Don Sorensen\nSenior Vice President, Logistics\nTesoro Logistics, Northwest Pipeline LLC\n19100 Ridgewood Parkway\nSan Antonio, TX 78259\nCPF 5-2019-5014W\nDear Mr. Sorensen:\nOn March 11 through 13, 2019, a representative of the Washington Utilities and\nTransportation Commission for the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected the Tesoro\nLogistics, Northwest Pipeline LLC, Pasco Terminal breakout tanks in Pasco, Washington.\nAs a result of the inspection, it is alleged that Tesoro has committed a probable violation of\nthe Pipeline Safety Regulations, Title 49, Code of Federal Regulations (CFR). The item\ninspected and the probable violation is:\n1. § 195.307 Pressure testing aboveground breakout tanks\n(a) . . .\n(d) For aboveground atmospheric pressure breakout tanks constructed of carbon\nand low alloy steel, welded or riveted, and non-refrigerated tanks built to API\nSTD 650 or its predecessor Standard 12 C that are returned to service after\nOctober 2, 2000, the necessity for the hydrostatic testing of repair, alteration, and\n\n\n\nreconstruction is covered in section 12.3 of API Standard 653 (incorporated by\nreference, see §195.3).\nPrevious owner (Chevron), based on lack of and incomplete records, did not follow API Std\n653 (except section 6.4.3) when repairing their breakout tanks in violation of 49 CFR §\n195.307(d). API Standard 653 Section 12.3 sets forth requirements for reconstruction and\nhydrotesting a tank prior to being placed back in service. Specifically, 12.3.1.b requires\nhydrotesting for any tank which has undergone major repairs or alterations. A new bottom in\na tank is considered a major repair/alteration pursuant to API 653 Section 3.20. This requires\nthat tanks which have had a new bottom installed since October 2, 2000, to be hydrotested\nprior to returning to service per API 650 Section 7.3.5 and 7.3.6 (11th edition).\nAt the Pasco delivery station, eight tanks have had their bottoms replaced since October 2,\n2000: 1 (2006), 2 (2006), 6 (2002), 7 (2006), 8 (2005), 9 (2003), 12 (2001), and 15 (2001).\nTesoro was unable to provide any records to indicate a hydrostatic test was performed in\naccordance to API Std 653 on Tanks 6, 8, 9, 12 and 15.1 The test records provided on Tanks\n1, 2 and 7 were incomplete; the Hydrostatic Test Certification Form received from Matrix\nService Inc. (Matrix) on these tanks was missing fill height and testing time.\nSince Tesoro did not receive or maintain a complete set of records from the previous operator\n(Chevron), whom completed the repairs and return to service, Tesoro should conduct an\nengineering assessment on Tanks 1, 2, 6, 7, 8, 9, 12 and 15 to confirm the current fill height is\nsafe for the integrity of the tank and to provide an explanation why a hydrotest is not required\n(API Std 653 section 12.3).\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465\nfor a related series of violations. For violation occurring on or after November 27, 2018 and\nbefore July 31, 2019, the maximum penalty may not exceed $213,268 per violation per day,\nwith a maximum penalty not to exceed $2,132,679. For violation occurring on or after\nNovember 2, 2015 and before November 27, 2018, the maximum penalty may not exceed\n$209,002 per violation per day, with a maximum penalty not to exceed $2,090,022. For\nviolations occurring prior to November 2, 2015, the maximum penalty may not exceed\n$200,000 per violation per day, with a maximum penalty not to exceed $2,000,000 for a\nrelated series of violations. We have reviewed the circumstances and supporting documents\ninvolved in this case, and have decided not to conduct additional enforcement action or\npenalty assessment proceedings at this time. We advise you to correct the item identified in\nthis letter. Failure to do so will result in Tesoro Logistics, Northwest Pipeline LLC being\nsubject to additional enforcement action.\n1 49 C.F.R. § 195.310 requires records for each pressure test required by Subpart E of Part 195.\n2\n\n\n\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2019-5014W. 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\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 A. Ceartin (#166461)\nSean Mayo, Pipeline Safety Director, Washington Utilities and Transportation\nCommission\n3","truncated":false,"body_characters":5810}