PREMCOR PIPELINE COMPANY — Notice of Probable Violation

case documentOfficial PDFCPF_220046012.pdf#

220046012_final order_05272005_text.pdf, page 1Official PDFU. S. Department of Transportation Pipeline anrt Hazaraous Materials safety ttctmintstration 400 Seventh Street, S. W. Washington, D. C. 20590 MAY 2 7 20G5 Mr. Edward R. Jacoby Vice President, Wholesale Marketing & Distribution The Premcor Refining Group, Inc. 1700 Putnam Avenue, Suite 500 Old Greenwich, CT 06870 RE: CPF No. 2-2004-6012 Dear Mr. Jacoby: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes a finding of violation and finds that you have completed the actions specified in the Notice required to comply with the pipeline safety regulations. This case is now closed, Your receipt of the Final Order constitutes service of that document under 49 C. F R. tt 190. 5. ely, , ) es Reynolds ~Pipeline Compliance Registry Office of Pipeline Safety @80~ cc Ms. Linda Daugherty, Director, OPS Southern Region#

220046012_final order_05272005_text.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, DC 20590 In the Matter of PREMCOR REFINING GROUP, INC. Respondent CPF No. 2-2004-6012 FINAL ORDER On Apri121 and 22, 2004 pursuant to 49 U S. C. II 60117, representatives of the Central and Southern Regions, Office of Pipeline Safety (OPS), conducted an inspection of Respondent's Operator Qualification Plan at it's Memphis, Tennessee Truck Terminal. As a result of this investigation, the Director, Southern Region, OPS, issued to Respondent, by letter dated September 22, 2004, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C. F. R. I) 190, 207, the Notice proposed finding that Respondent had violated 49 C, F. R. t) 195. 505 and proposed that Respondent take certain measures to correct the alleged violations. ' Respondent responded to the Notice by letter dated, October 18, 2004 (Response). Respondent did not contest the allegation of violation but provided information concerning the corrective actions it has taken. Respondent did not request a hearing, and therefore has waived its right to one. FINDINGS OF VIOLATION In its Response, Respondent did not contest the alleged violation of 49 C. F. R. II 195. 505 in the Notice. Accordingly, 1 find that Respondent violated 49 C. F. R. Part 195, as more fully described in the Notice: 49 C. F. R. II 195. 505(a) and (c) — failing to adequately prepare and follow a written qualification program, as Respondent failed to include provisions to define the number of persons, and under what conditions, a qualified person can direct and observe non-qualified persons. Also, Respondent failed to include "excavation" as a covered tasks. This case, however, is no longer before RSPA for decision. Effective February 20, 2005, the Pipeline and Hazardous Materials Safety Administration (PHMSA) was created to further the highest degree of safety in pipelme transportation and hazardous materials transportation. See, section 108 of the Norman Y. Mineta Research and Special Programs Improvement Act (Public Law 108-426, 118 Stat. 2423-2429 (November 30, 2004)). See also, 70 Fed. Reg. 8299 (February 18, 2005) redelegating the pipeline safety funcnons to the Administrator, PHMSA.#

220046012_final order_05272005_text.pdf, page 3This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a compliance order with respect to Item 1 for violation of 49 C. F. R. t'l 195. 505(a) and 0). Under 49 U. S. C. t'l 60118(a), each person who engages in the transportatioii of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under chapter 601. The Regional Director has indicated that Respondent has taken the following actions specified in the proposed compliance order: Respondent has revised it's Operator Qualification Plan (OQ) to include provisions to define the number of persons, and under what conditions, a qualified person can direct and observe non-qualified persons. The task "excavation" has been added to the covered tasks list. Respondent also added to it's OQ plan the requirement that welding can not be done by a non-qualified person under the direction and observation of a qualified person. Accordingly, since compliance has been achieved with respect to this violation, the compliance terms are not included in this Order. The terms and conditions of this Final Order are effective on receipt. MAY 2 7 POCKY Date Issued S ~Q A e Administrator For Pipeline Safety#