# CITGO PETROLEUM CORPORATION (TERMINALS) — Warning Letter

- **operation:** document
- **citation:** CPF 320095012W
- **title:** CITGO PETROLEUM CORPORATION (TERMINALS) — Warning Letter
- **source type:** enforcement
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** historical
- **official:** true
- **published on:** 2009-08-25
- **effective on:** Not available
- **summary:** CLOSED warning letter citing 195.505(b).
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095012w.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095012w.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-enforcement-320095012w
- **source url:** https://primis.phmsa.dot.gov/enforcement-data/case/320095012W
**body:**

Warning Letter involving CITGO PETROLEUM CORPORATION (TERMINALS). PHMSA's enforcement data identifies the cited regulation as 195.505(b). The case was opened on 2009-08-25 and is reported as closed as of 2009-08-25. Open the official case record for notices, responses, orders, and the latest status.

Official case documents:

320095012W_Warning letter_08252009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095012W/320095012W_Warning%20letter_08252009.pdf

320095012W_Warning Letter_08252009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320095012W/320095012W_Warning%20Letter_08252009_text.pdf

320095012W_Warning Letter_08252009_text.pdf

WARNING LETTER
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
August 25, 2009
Mr. Kent Powers
General Manager
CITGO Petroleum Corporation
1293 Eldridge Parkway
Houston, Texas 77077
CPF 3-2009-5012W
Dear Mr. Powers:
On December 15-17, 2008, a representative of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your
East Chicago Terminal in East Chicago, Indiana.
As a result of the inspection, it appears that you have committed a probable violation of the
Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and
the probable violation(s) are:
1. §195.505 Qualification program.
Each operator shall have and follow a written qualification program. The
program shall include provisions to:
(b) Ensure through evaluation that individuals performing covered tasks are
qualified;



CITGO failed to adequately evaluate an individual to ensure that the individual was qualified
to perform the covered task of taking pipe-to-soil potential measurements of cathodic
protection. On December 17, 2008, a PHMSA inspector conducted a field operator
qualification inspection at the East Chicago Terminal, East Chicago, IN. A contract
individual working for CITGO performed the covered task of taking pipe-to-soil potential
measurements. The inspector asked basic questions of the individual to determine his
knowledge. The individual could not properly identify where to place the half cell in relation
to the pipe when taking the reading. In addition, the individual did not know the importance
of checking the half cell with another one to verify half cell accuracy. Due to this lack of
basic knowledge regarding this covered task, the inspector determined that the individual was
not qualified for the task and had not been adequately evaluated.
Under 49 United States Code, § 60122, you are subject to a civil penalty not to exceed
$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000
for any related series of violations. We have reviewed the circumstances and supporting
documents involved in this case, and have decided not to conduct additional enforcement
action or penalty assessment proceedings at this time. We advise you to correct the item(s)
identified in this letter. Failure to do so will result in CITGO Petroleum Corporation being
subject to additional enforcement action.
No reply to this letter is required. If you choose to reply, in your correspondence please refer
to CPF 3-2009-5012W. Be advised that all material you submit in response to this
enforcement action is subject to being made publicly available. If you believe that any portion
of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along
with the complete original document you must provide a second copy of the document with
the portions you believe qualify for confidential treatment redacted and an explanation of why
you believe the redacted information qualifies for confidential treatment under 5 U.S.C.
552(b).
Sincerely,
Ivan A. Huntoon
Director, Central Region
Pipeline and Hazardous Materials Safety Administration
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