{"operation":"document","citation":"CPF 320205027M","title":"PHILLIPS 66 PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-05","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(13).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205027m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205027m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-320205027m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/320205027M","body":"Notice of Amendment involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(13). The case was opened on 2020-11-05 and is reported as closed as of 2021-02-26. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n320205027M_Closure Letter_02262021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205027M/320205027M_Closure%20Letter_02262021.pdf\n\n320205027M_Closure Letter_02262021_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205027M/320205027M_Closure%20Letter_02262021_text.pdf\n\n320205027M_Notice of Amendment_11052020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205027M/320205027M_Notice%20of%20Amendment_11052020.pdf\n\n320205027M_Notice of Amendment_11052020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/320205027M/320205027M_Notice%20of%20Amendment_11052020_text.pdf\n\n320205027M_Notice of Amendment_11052020_text.pdf\n\nNOTICE OF AMENDMENT\nVIA ELECTRONIC MAIL TO: Todd.Denton@p66.com and Jeff.M.Blatchford@p66.com\nNovember 5, 2020\nMr. Todd Denton\nPresident, Phillips 66 Pipeline LLC\n2331 Citywest Blvd\nHouston, TX 77042\nCPF 3-2020-5027M\nDear Mr. Denton:\nOn March 25 – 29 and September 9 - 13, 2019, representatives of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\ninspected Phillips 66 Pipeline LLC’s (Phillips 66) procedures for an Integrated Inspection in\nHouston, Texas and Keene, North Dakota.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacy found within\nPhillips 66’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this\nsection must include procedures for the following to provide safety during maintenance\nand normal operations:\n(13) Periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and taking\ncorrective action where deficiencies are found.\n\n\n\nPhillip 66's Operation and Maintenance (O&M) manual is inadequate because it did not\nsufficiently address periodically reviewing the work done by operator personnel to determine the\neffectiveness of the procedures used in normal operation and maintenance and take corrective\naction where deficiencies are found. Procedure \"P66-TSD-0103 Personnel Knowledge\nVerification & Emergency Response Training\" was shown to PHMSA in response to an inquiry\nregarding this regulatory requirement. Accompanying the procedure is form “P66-TSD-0103A\nAnnual Review Checklist for Field Employees.” Phillips 66 uses this procedure and form to\ndemonstrate personnel knowledge, proficiency, and ability to perform operating and maintenance\nfunctions rather than reviewing the work done by operator personnel to determine the\neffectiveness of the procedures as required by §195.402(c)(13).\nSpecifically, the procedure did not clearly state how often an effectiveness review will occur for\neach procedure used in normal operation and maintenance activities. Also, the procedure did not\nprovide clear direction on how the review of work done by personnel will be performed to\ndetermine the effectiveness of the procedures.\nPhillips 66 must amend its procedures to address the inadequacies identified above in order to\nensure the procedure adequately meets the requirements of §195.402(c)(13).\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as\npart 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 for\nconfidential treatment under 5 U.S.C. 552(b), along with the complete original document you\nmust 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 information\nqualifies 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\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n30 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Phillips 66 Pipeline LLC maintain documentation of the\nsafety improvement costs associated with fulfilling this Notice of Amendment\n2\n\n\n\n(preparation/revision of plans, procedures) and submit the total to Allan C. Beshore, Director,\nCentral Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 3-2020-5027M and, for each document you submit,\nplease provide a copy in electronic format whenever possible.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: Jeff Blatchford, DOT Coordinator, Jeff.M.Blatchford@p66.com\n3\n\n320205027M_Closure Letter_02262021_text.pdf\n\nVIA ELECTRONIC MAIL TO: Todd.Denton@p66.com and Jeff.M.Blatchford@p66.com\nFebruary 26, 2021\nMr. Todd Denton\nPresident, Phillips 66 Pipeline LLC\n2331 Citywest Blvd\nHouston, TX 77042\nRe: CPF 3-2020-5027M\nDear Mr. Denton:\nOn March 25 – 29 and September 9 - 13, 2019, representatives from the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,\nconducted an on-site pipeline safety inspection of Phillips 66 Pipeline LLC’s (Phillips 66)\nprocedures in Houston, Texas and Keene, North Dakota. As a result of the inspection, Phillips 66\nwas issued a Notice of Amendment on November 5, 2020, which proposed amendment of your\nprocedures.\nPhillips 66 submitted its amended procedures on Febuary 5, 2021. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nGregory A. Ochs\nDirector, Central Region, OPS\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":7283}