{"operation":"document","citation":"CPF 220046012","title":"PREMCOR PIPELINE COMPANY — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2004-09-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 195.505(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220046012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220046012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220046012","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220046012","body":"Notice of Probable Violation involving PREMCOR PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulation as 195,  195.505(c). The case was opened on 2004-09-22 and is reported as closed as of 2005-05-27. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220046012_final order_05272005.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220046012/220046012_final%20order_05272005.pdf\n\n220046012_final order_05272005_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220046012/220046012_final%20order_05272005_text.pdf\n\nCPF_220046012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220046012/CPF_220046012.pdf\n\n220046012_final order_05272005_text.pdf\n\nU. S. Department\nof Transportation\nPipeline anrt\nHazaraous Materials safety\nttctmintstration\n400 Seventh Street, S. W.\nWashington, D. C. 20590\nMAY 2 7 20G5\nMr. Edward R. Jacoby\nVice President, Wholesale Marketing & Distribution\nThe Premcor Refining Group, Inc.\n1700 Putnam Avenue, Suite 500\nOld Greenwich, CT 06870\nRE: CPF No. 2-2004-6012\nDear Mr. Jacoby:\nEnclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the\nabove-referenced case. It makes a finding of violation and finds that you have completed the actions\nspecified in the Notice required to comply with the pipeline safety regulations. This case is now\nclosed, Your receipt of the Final Order constitutes service of that document under 49 C. F R. tt 190. 5.\nely,\n, )\nes Reynolds\n~Pipeline Compliance Registry\nOffice of Pipeline Safety\n@80~\ncc\nMs. Linda Daugherty, Director, OPS Southern Region\n\n\n\nDEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, DC 20590\nIn the Matter of\nPREMCOR REFINING GROUP, INC.\nRespondent\nCPF No. 2-2004-6012\nFINAL ORDER\nOn Apri121 and 22, 2004 pursuant to 49 U S. C. II 60117, representatives of the Central and Southern\nRegions, Office of Pipeline Safety (OPS), conducted an inspection of Respondent's Operator\nQualification Plan at it's Memphis, Tennessee Truck Terminal. As a result of this investigation, the\nDirector, Southern Region, OPS, issued to Respondent, by letter dated September 22, 2004, a Notice\nof Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C. F. R.\nI) 190, 207, the Notice proposed finding that Respondent had violated 49 C, F. R. t) 195. 505 and\nproposed that Respondent take certain measures to correct the alleged violations. '\nRespondent responded to the Notice by letter dated, October 18, 2004 (Response). Respondent did\nnot contest the allegation of violation but provided information concerning the corrective actions it\nhas taken. Respondent did not request a hearing, and therefore has waived its right to one.\nFINDINGS OF VIOLATION\nIn its Response, Respondent did not contest the alleged violation of 49 C. F. R. II 195. 505 in the\nNotice. Accordingly, 1 find that Respondent violated 49 C. F. R. Part 195, as more fully described\nin the Notice:\n49 C. F. R. II 195. 505(a) and (c) — failing to adequately prepare and follow a written\nqualification program, as Respondent failed to include provisions to define the\nnumber of persons, and under what conditions, a qualified person can direct and\nobserve non-qualified persons. Also, Respondent failed to include \"excavation\" as\na covered tasks.\nThis case, however, is no longer before RSPA for decision. Effective February 20, 2005, the Pipeline and\nHazardous Materials Safety Administration (PHMSA) was created to further the highest degree of safety in pipelme\ntransportation and hazardous materials transportation. See, section 108 of the Norman Y. Mineta Research and\nSpecial Programs Improvement Act (Public Law 108-426, 118 Stat. 2423-2429 (November 30, 2004)). See also, 70\nFed. Reg. 8299 (February 18, 2005) redelegating the pipeline safety funcnons to the Administrator, PHMSA.\n\n\n\nThis finding of violation will be considered a prior offense in any subsequent enforcement action\ntaken against Respondent.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 for violation of 49 C. F. R.\nt'l 195. 505(a) and 0). Under 49 U. S. C. t'l 60118(a), each person who engages in the transportatioii\nof hazardous liquids or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. The Regional Director has indicated that\nRespondent has taken the following actions specified in the proposed compliance order:\nRespondent has revised it's Operator Qualification Plan (OQ) to include provisions\nto define the number of persons, and under what conditions, a qualified person can\ndirect and observe non-qualified persons. The task \"excavation\" has been added to\nthe covered tasks list. Respondent also added to it's OQ plan the requirement that\nwelding can not be done by a non-qualified person under the direction and\nobservation of a qualified person.\nAccordingly, since compliance has been achieved with respect to this violation, the compliance\nterms are not included in this Order.\nThe terms and conditions of this Final Order are effective on receipt.\nMAY 2 7 POCKY\nDate Issued\nS\n~Q A e Administrator\nFor Pipeline Safety","truncated":false,"body_characters":5280}