{"operation":"document","citation":"CPF 52023024WL","title":"SEAPORT MIDSTREAM PARTNERS, LLC. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-02-08","effective_on":null,"summary":"CLOSED warning letter citing 195.420(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023024wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023024wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023024wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023024WL","body":"Warning Letter involving SEAPORT MIDSTREAM PARTNERS, LLC.. PHMSA's enforcement data identifies the cited regulation as 195.420(b). The case was opened on 2023-02-08 and is reported as closed as of 2023-02-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023024WL_Warning Letter_02082023_(21-202677).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023024WL/52023024WL_Warning%20Letter_02082023_(21-202677).pdf\n\n52023024WL_Warning Letter_02082023_(21-202677)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023024WL/52023024WL_Warning%20Letter_02082023_(21-202677)_text.pdf\n\n52023024WL_Warning Letter_02082023_(21-202677)_text.pdf\n\nWARNING LETTER\nVIA E-MAIL TO MR. EDWARD LUEBKE:\nFebruary 8, 2023\nMr. Edward Luebke\nVice-President\nSeaport Midstream Partners, LLC.\n200 Mansell Court East, Suite 600\nRoswell, GA 30076\nCPF 5-2023-024-WL\nDear Mr. Luebke:\nFrom September 26, 2022, through September 29, 2022, representatives of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United\nStates Code (U.S.C.), inspected Seaport Midstream Partners, LLC’s (Seaport Midstream)\nPortland Oregon Tank Farm.\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. § 195.420 Valve maintenance.\n(a) . . . .\n(b) Each operator shall, at intervals not exceeding 7 1/2 months, but at least twice\neach calendar year, inspect each mainline valve to determine that it is functioning\nproperly.\nSeaport Midstream failed to inspect each mainline valve at intervals not exceeding 7½ months,\nbut at least twice each calendar year, to determine that it is functioning properly. During the\n\n\n\ninspection, PHMSA reviewed Seaport Midstream’s Critical Valve Inspection Report records for\nthe Portland, Oregon, North and South Tank Farms. The Critical Valve Inspection Report\nrecords indicated that last valve inspections in 2021 for all regulated valves (27) were inspected\non November 2, 2021 and then on July 4, 2022. The interval between these two inspections\nexceeded the 7½ month requirement by 19 days. Thus, Seaport Midstream Partners failed to\ninspect its valves at intervals not exceeding 7½ months, but at least twice each calendar year.\nCritical Valve\nLast\nInspection\nin 2021\nFirst 2022\nInspection\nDue Date\n(225 days)\nFirst\nInspection\nIn 2022\nDays Late\n(Exceeding\n7 ½ months)\nMLV-0611, MLV-0626, MLV-1226,\nMLV-0829, MLV-0834, MLV-0823,\nMLV-1005, MLV-0604, MLV-1020,\nMLV-1430, MLV-1437, MLV-1481,\nMLV-1452, MLV-0808, MLV-1813,\nMLV-1814, MLV-1409, MLV-1420,\nMLV-1471, MLV-1480, MLV-1903,\nMLV-1905, MLV-1917, MLV-544,\nMLV-1220, MLV-54031, MLV-54029\n11/02/2021 06/15/2022 07/04/2022 19 Days\nUnder 49 U.S.C. § 60122 and 49 CFR § 190.223, you are subject to a civil penalty not to exceed\n$257,664 per violation per day the violation persists, up to a maximum of $2,576,627 for a\nrelated series of violations. For violation occurring on or after March 21, 2022 and before\nJanuary 6, 2023, the maximum penalty may not exceed $239,142 per violation per day the\nviolation persists, up to a maximum of $2,391,142 for a related series of violations. For violation\noccurring on or after May 3, 2021 and before March 21, 2022, the maximum penalty may not\nexceed $225,134 per violation per day the violation persists, up to a maximum of $2,251,334 for\na related series of violations. For violation occurring on or after January 11, 2021 and before\nMay 3, 2021, the maximum penalty may not exceed $222,504 per violation per day the violation\npersists, up to a maximum of $2,225,034 for a related series of violations. For violation\noccurring on or after July 31, 2019 and before January 11, 2021, the maximum penalty may not\nexceed $218,647 per violation per day the violation persists, up to a maximum of $2,186,465 for\na related series of violations. For violation occurring on or after November 27, 2018 and before\nJuly 31, 2019, the maximum penalty may not exceed $213,268 per violation per day, with a\nmaximum penalty not to exceed $2,132,679. For violation occurring on or after November 2,\n2015 and before November 27, 2018, the maximum penalty may not exceed $209,002 per\nviolation per day, with a maximum penalty not to 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\nSeaport Midstream Partners, 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\n5-2023-024-WL. Be advised that all material you submit in response to this enforcement action\n\n\n\nis subject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete\noriginal document, you must provide a second copy of the document with the portions you\nbelieve qualify for confidential treatment redacted and an explanation of why you believe the\nredacted 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 B. Brown, C. Cordova (#21-202677)","truncated":false,"body_characters":5638}