{"operation":"document","citation":"CPF 220126009M","title":"CITGO PETROLEUM CORPORATION (TERMINALS) — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-05-09","effective_on":null,"summary":"CLOSED notice of amendment citing 195.52(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126009m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126009m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-220126009m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/220126009M","body":"Notice of Amendment involving CITGO PETROLEUM CORPORATION (TERMINALS). PHMSA's enforcement data identifies the cited regulation as 195.52(c). The case was opened on 2012-05-09 and is reported as closed as of 2012-06-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n220126009M_closure letter_06252012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126009M/220126009M_closure%20letter_06252012.pdf\n\n220126009M_closure letter_06252012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126009M/220126009M_closure%20letter_06252012_text.pdf\n\n220126009M_notice of amendment_05092012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126009M/220126009M_notice%20of%20amendment_05092012.pdf\n\n220126009M_notice of amendment_05092012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126009M/220126009M_notice%20of%20amendment_05092012_text.pdf\n\n220126009M_Operator Response_06052012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/220126009M/220126009M_Operator%20Response_06052012.pdf\n\n220126009M_closure letter_06252012_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 25, 2012\nMr. Robert E. Bertrand\nEHS&S Manager\nCitgo Petroleum Corporation\nP.O. Box 4689\nHouston, TX 77210-4689\nCPF 2-2012-6009M\nDear Mr. Bertrand:\nFrom March 26-30, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, inspected the Citgo Petroleum Corporation\n(Terminals) (Citgo) written operations and maintenance (O&M) procedures in Florida\npursuant to Chapter 601 of 49 United States Code. As a result of the inspection, PHMSA\nissued a Notice of Amendment (NOA) on May 9, 2012.\nThe PHMSA Southern Region received Citgo’s response to the NOA on June 11, 2012. We\nhave reviewed your response, and find Citgo’s response adequate. This letter is to inform you\nthat Citgo has complied with the terms of the NOA and that no further action is necessary\nwith regards to the NOA. This case is now closed.\nPlease be advised that this letter refers only to the NOA (CPF 2-2012-6009M) and not to any\nother PHMSA pending cases. Also be advised that nothing herein states or implies that the\nabove described O&M procedures meet the requirements of the federal pipeline safety\nregulations or that the O&M procedures are approved. The pipeline system and O&M\nprocedures remain subject to inspection by PHMSA.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\n\n220126009M_notice of amendment_05092012_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 9, 2012\nMr. Gustavo J. Velasquez\nVice President Supply and Marketing\nCitgo Petroleum Corporation (Terminals)\n1293 Eldridge Parkway\nHouston, TX 77077\nCPF 2-2012-6009M\nDear Mr. Velasquez:\nFrom March 26-30, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), Southern Region, inspected the Citgo Petroleum Corporation\n(Terminals) (Citgo) written operations and maintenance (O&M) procedures in Florida\npursuant to Chapter 601 of 49 United States Code.\nOn the basis of the inspection, PHMSA has identified apparent inadequacies within Citgo’s\nwritten procedures, as described below:\n1. §195.52 Immediate notice of certain accidents. . . .\n. . . (c) Calculation. A pipeline operator must have a written procedure to calculate\nand provide a reasonable initial estimate of the amount of released product.\nCitgo’s procedures for immediate notice of certain accidents were inadequate because\nCitgo did not have a written procedure to calculate and provide a reasonable initial\nestimate of the amount of released product. Citgo's O&M manual conveyed that a\n“\n…reasonable initial estimate of the amount of released product will be calculated…;\nhowever, written calculation procedures were not included.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\n\n\n\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in\nthis Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 30 days of receipt of this Notice.\nThis period may be extended by written request for good cause. Once the inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action\nwill be closed.\nIt is requested (not mandated) that Citgo Petroleum Corporation (Terminals) maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to\nWayne T. Lemoi, Director, Southern Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to\nCPF 2-2012-6009M and, for each document you submit, please provide a copy in electronic\nformat whenever possible.\nSincerely,\nWayne T. Lemoi\nDirector, Office of Pipeline Safety\nPHMSA Southern Region\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n2","truncated":false,"body_characters":6245}