{"operation":"document","citation":"CPF 52021021WL","title":"HARVEST ALASKA, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-04-27","effective_on":null,"summary":"CLOSED warning letter citing 192.163(e), 192.189(a), 192.491(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021021wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021021wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021021wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021021WL","body":"Warning Letter involving HARVEST ALASKA, LLC. PHMSA's enforcement data identifies the cited regulations as 192.163(e),  192.189(a),  192.491(c). The case was opened on 2021-04-27 and is reported as closed as of 2021-04-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021021WL_Warning Letter_04272021_(21-203077).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021021WL/52021021WL_Warning%20Letter_04272021_(21-203077).pdf\n\n52021021WL_Warning Letter_04272021_(21-203077)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021021WL/52021021WL_Warning%20Letter_04272021_(21-203077)_text.pdf\n\n52021021WL_Warning Letter_04272021_(21-203077)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. ANDREW LIMMER\nApril 27, 2021\nMr. Andrew Limmer\nVice President\nHarvest Alaska, LLC\n3800 Centerpoint Drive\nAnchorage, AK 99503\nCPF 5-2021-021-WL\nDear Mr. Limmer:\nFrom April 27 through 29, 2020 and January 21, 2021, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected Harvest Alaska, LLC’s (Harvest) Tyonek Pipeline System and\nKPL Junction Compressor Station.\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 inspected\nand the probable violations are:\n1. § 192.163 - Compressor stations: Design and construction.\n…\n(e) Electrical facilities. Electrical equipment and wiring installed in compressor\nstations must conform to the NFPA-70, so far as that code is applicable.\n\n\n\nElectrical equipment installed in the \"Compressor A\" building at the KPL Junction Compressor\nStation did not conform to the NFPA-70. During the inspection, PHMSA observed and\nphotographed an electrical enclosure cabinet that had open penetrations exposing classified\natmospheres to potential ignition sources from electrical equipment in the electrical enclosure\ncabinet. Paragraph 501.15(c)(1) of NFPA-70 requires sealed enclosures in Class 1 Division 2\nenvironments such as a gas compressor station.\n2. § 192.189 - Vaults: Drainage and waterproofing.\n(a) Each vault must be designed so as to minimize the entrance of water.\nHarvest did not adequately seal the Moose Point vault to prevent the intrusion of water. The\nvault was filled with water during Harvest’s June 7, 2017 atmospheric corrosion inspection and\ntherefore Harvest was unable to complete the atmospheric corrosion inspection at that time.\n3. § 192.491 - Corrosion control records.\n…\n(c) Each operator shall maintain a record of each test, survey, or inspection\nrequired by this subpart in sufficient detail to demonstrate the adequacy of\ncorrosion control measures or that a corrosive condition does not exist. These\nrecords must be retained for at least 5 years, except that records related to\n§§ 192.465 (a) and (e) and 192.475(b) must be retained for as long as the pipeline\nremains in service.\nHarvest failed to retain adequate records of the atmospheric corrosion inspection of pipeline in\nthe Moose Point Vault on the Tyonek pipeline. The operator's June 7, 2017 atmospheric\ncorrosion inspection record of the Moose Point vault indicates that the vault was filled with\nwater, the majority of the piping was inaccessible for inspection, and the operator was unable to\ncomplete the atmospheric corrosion inspection at that time. The operator opened an Inspection\nWork Request (IWR) and the IWR record indicates that the Moose Point Vault was pumped and\nthe inspection was completed on September 15, 2019. Based on the date of the completed\ninspection (September 15, 2019) the operator is required to have completed the prior inspection\non or after June 15, 2016. However, Harvest personnel stated that the prior atmospheric\ncorrosion inspection of the Tyonek Pipeline within the Moose Point Vault was conducted by the\nprior operator of the pipeline and that Harvest was unable to locate or did not retain a record of\nthat inspection.\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$222,504 per violation per day the violation persists, up to a maximum of $2,225,034 for a\nrelated series of violations. For violation occurring on or after July 31, 2019 and before January\n11, 2021, the maximum penalty may not exceed $218,647 per violation per day the violation\npersists, up to a maximum of $2,186,465 for a related series of violations. For violation\noccurring on or after November 27, 2018 and before July 31, 2019, the maximum penalty may\nnot exceed $213,268 per violation per day, with a maximum penalty not to exceed $2,132,679.\n2\n\n\n\nFor violation occurring on or after November 2, 2015 and before November 27, 2018, the\nmaximum penalty may not exceed $209,002 per violation per day, with a maximum penalty not\nto exceed $2,090,022.\nWe have reviewed the circumstances and supporting documents involved in this case, and have\ndecided not to conduct additional enforcement action or penalty assessment proceedings at this\ntime. We advise you to correct the items identified in this letter. Failure to do so will result in\nHarvest Alaska, LLC being subject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 5-2021-021-WL. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe\nthe redacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Gano (#21-203077)\nBen Wasson, Hilcorp Alaska\n3","truncated":false,"body_characters":6159}