{"operation":"document","citation":"CPF 12024005NOA","title":"TOLEDO REFINING COMPANY, LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2024-02-15","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(h)(1).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024005noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024005noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-12024005noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/12024005NOA","body":"Notice of Amendment involving TOLEDO REFINING COMPANY, LLC. PHMSA's enforcement data identifies the cited regulation as 195.446(h)(1). The case was opened on 2024-02-15 and is reported as closed as of 2024-05-07. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n12024005NOA_Closure Letter_05072024_(22-233363).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024005NOA/12024005NOA_Closure%20Letter_05072024_(22-233363).pdf\n\n12024005NOA_Closure Letter_05072024_(22-233363)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024005NOA/12024005NOA_Closure%20Letter_05072024_(22-233363)_text.pdf\n\n12024005NOA_Notice of Amendment_02152024_(22-233363).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024005NOA/12024005NOA_Notice%20of%20Amendment_02152024_(22-233363).pdf\n\n12024005NOA_Notice of Amendment_02152024_(22-233363)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024005NOA/12024005NOA_Notice%20of%20Amendment_02152024_(22-233363)_text.pdf\n\n12024005NOA_Operator Response to Notice_03132024_(22-233363).pdf: https://primis.phmsa.dot.gov/enforcement-documents/12024005NOA/12024005NOA_Operator%20Response%20to%20Notice_03132024_(22-233363).pdf\n\n12024005NOA_Closure Letter_05072024_(22-233363)_text.pdf\n\nOVERNIGHT EXPRESS DELIVERY\nMay 7, 2024\nMr. Matthew C. Lucey\nPresident and Chief Executive Officer\nPBF Energy Inc.\n1 Sylvan Way, Second Floor\nParsippany, New Jersey 07054\nCPF 1-2024-005-NOA\nDear Mr. Lucey:\nFrom July 25, 2022 to July 29, 2022, representatives of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.)\nconducted an on-site inspection of Toledo Refining Company, LLC's (TRC) procedures and\nrecords for control room management of its Woodville Pipeline Control Room in Toledo, Ohio.\nAs a result of the inspection, TRC was issued a Notice of Amendment on February 15, 2024, which\nproposed amendment of your procedures.\nTRC submitted its amended procedures on March 13, 2024. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nCc: Gregory M. Thomas Gregory.Thomas@pbfenergy.com\n\n12024005NOA_Notice of Amendment_02152024_(22-233363)_text.pdf\n\nNOTICE OF AMENDMENT\nOVERNIGHT EXPRESS DELIVERY\nFebruary 15, 2024\nMr. Matthew C. Lucey\nPresident and Chief Executive Officer\nPBF Energy Inc.\n1 Sylvan Way, Second Floor\nParsippany, New Jersey 07054\nCPF 1-2024-005-NOA\nDear Mr. Lucey:\nFrom July 25, 2022 to July 29, 2022, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) conducted an\non-site inspection of Toledo Refining Company, LLC’s (TRC) procedures and records for control room\nmanagement of its Woodville Pipeline Control Room in Toledo, Ohio.\nAs a result of the inspection, PHMSA has identified the apparent inadequacy found within TRC’s plans\nor procedures. The item inspected and the inadequacy is described below:\n1. § 195.446 Control Room Management.\n(a) ….\n(h) Training. Each operator must establish a controller training\nprogram and review the training program content to identify potential\nimprovements at least once each calendar year, but at intervals not to\nexceed 15 months. An operator’s program must provide for training each\ncontroller to carry out the roles and responsibilities defined by the\noperator. In addition, the training program must include the following\nelements:\n(1) Responding to abnormal operating conditions likely to occur\nsimultaneously or in sequence;\nTRC’s control room management training program procedures were inadequate to assure safe\noperation of a pipeline facility. Specifically, TRC’s training program failed to include elements to\ntrain each controller to respond to abnormal operating conditions that are likely to occur simultaneously\nor in sequence pursuant to § 195.446(h)(1).\n\n\n\nDuring the inspection, PHMSA requested training procedures and documentation relevant to\n§ 195.446(h)(1). TRC referred to its Control Room Management Manual (CRM Manual), Section 9\nTraining. This section repeated the regulations but did not provide any training details or a list of\nabnormal operating conditions likely to occur simultaneously or in sequence.\nTRC’s training program procedures failed to include elements for responding to abnormal operating\nconditions that are likely to occur simultaneously or in sequence and, therefore, were inadequate to\nassure pipeline safety. TRC must revise its procedures to include details of its training program for\ncomplying with § 195.446(h)(1).\nResponse to this Notice\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you submit\nin response to this enforcement action is subject to being made publicly available. If you believe that\nany portion 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 with the\nportions you 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).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures,\nor a request for a hearing under §190.211. If you do not respond within 30 days of receipt of this\nNotice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes\nthe Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further\nnotice to you and to issue an Order Directing Amendment. If your plans or procedures are found\ninadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct\nthe inadequacies (49 C.F.R. § 190.206). If you are not contesting this Notice, we propose that you\nsubmit your amended procedures to my office within 30 days of receipt of this Notice. This period\nmay be extended by written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Toledo Refining Company, LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Robert Burrough, Director, Eastern Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer to\nCPF 1-2024-005-NOA and, for each document you submit, please provide a copy in electronic format\nwhenever possible.\nSincerely,\nRobert Burrough\nDirector, Eastern Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings","truncated":false,"body_characters":7339}