{"operation":"document","citation":"CPF 52023061WL","title":"PLAINS MARKETING, L.P. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2023-12-20","effective_on":null,"summary":"CLOSED warning letter citing 195.428(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023061wl.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023061wl.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52023061wl","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52023061WL","body":"Warning Letter involving PLAINS MARKETING, L.P.. PHMSA's enforcement data identifies the cited regulation as 195.428(a). The case was opened on 2023-12-20 and is reported as closed as of 2023-12-20. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52023061WL_Warning Letter_12202023_(23-264901).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023061WL/52023061WL_Warning%20Letter_12202023_(23-264901).pdf\n\n52023061WL_Warning Letter_12202023_(23-264901)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52023061WL/52023061WL_Warning%20Letter_12202023_(23-264901)_text.pdf\n\n52023061WL_Warning Letter_12202023_(23-264901)_text.pdf\n\nWARNING LETTER\nVIA ELECTRONIC MAIL TO: patrick.hodgins@plains.com\nDecember 20, 2023\nMr. Patrick D. Hodgins\nVice President, Health, Safety & Environmental\nPlains Pipeline, L.P.\n333 Clay Street, Suite 1900\nHouston, TX 77002\nCPF 5-2023-061-WL\nDear Mr. Hodgins:\nFrom April 17, 2023, to April 21, 2023, and October 3, 2023, to October 5, 2023, representatives\nof the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter\n601 of 49 United States Code (U.S.C.), inspected the Plains Marketing Terminal (PMT) and the\nPlains Stateline pipeline located in Midland, Texas.\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 item inspected\nand the probable violation is:\n\n\n\n1. § 195.428 Overpressure safety devices and overfill protection systems.\n(a) Except as provided in paragraph (b) of this section, each operator shall, at\nintervals not exceeding 15 months, but at least once each calendar year, or in the\ncase of pipelines used to carry highly volatile liquids, at intervals not to exceed 7 ½\nmonths, but at least twice each calendar year, inspect and test each pressure limiting\ndevice, relief valve, pressure regulator, or other item of pressure control equipment\nto determine that it is functioning properly, is in good mechanical condition, and is\nadequate from the standpoint of capacity and reliability of operation for the service\nin which it is used.\nPlains failed to inspect and test overfill protection devices on certain aboveground breakout tanks\nat Midland PMT at intervals not exceeding 15 months but at least once each calendar year as is\nrequired by § 195.428 Specifically, Plains did not determine whether overfill protection devices\non Tanks 125167, 125168, 125169, and 125170 were functioning properly for calendar year\n2022. During the inspection, Tank Overfill Protection Inspection Form 509 were reviewed for\nthe 14 interstate breakout tanks at Midland PMT from 2020-2023.\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 item identified in this letter. Failure to do so will result in\nPlains being subject to additional enforcement action.\n\n\n\nNo reply to this letter is required. If you choose to reply in your correspondence, please refer to\nCPF 5-2023-061-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. Luo, L. Green (#23-264901)\nCliff Tholl – Senior HSE Manager (CTTholl@paalp.com)","truncated":false,"body_characters":5559}