RIO VISTA ENERGY PARTNERS, LP — Notice of Probable Violation

case documentOfficial PDFCPF420055007 Penn Octane Corporation.pdf#

420055007_Final Order_10142005.pdf, page 1Official PDF@ U.S. Deponntent of Trqnsportction Pipeline ond HqzordoLrs Jvldt€rEG!s Sdfefy qdminEsrystion 4C0 Seventh Sy:et, S.vV Washrngicn, D.C 205-e0 O.C:i i ,i :.,;i;* Mr. Charles Handly Executive Vice President Penn Octane Corporation 820 Gessner Road, Suite 1285 Houston, TX 77024-4471 Re: CPF No. 4-2005-5007 Dear Mr. Handly: Enclosed is the Final Order issued by the Associate Administrator for Pipeline Safety in the above-referenced case. It makes findings of violation and specifies actions to be taken to comply with the pipeline safety regulations. When the terms of the compliance order are completed, as determined by the Director, Southwest Region, this enforcement action will be closed. Your receiot of this Final Order constitutes service of that document under 49 C.F.R. $ 190.5. Sincerely, f\ /d i,',*. fV>- James Reynolds Pipelinc Compliance RegistrY Office of Pipeline Safety Enclosure cc: R.M. Seeley Director, Southwest Region, OPS CERTIFIE,D MAIL RETURN RECEIPT REOUESTED#

420055007_Final Order_10142005.pdf, page 2DEPARTMENT OF TRANSPORTATION PIPELINE AND FIAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF' PIPELINE SAFETY WASHINGTON. DC 20590 In the Matter of Penn Octane Corporation, Respondent CPF No. 4-2005-5007 FINAL ORDER On March 29-31,2004, pursuant to 49 U.S.C. $ 601i7, a representative of the Office of Pipeline Safety (OPS) conductcd an on-site pipeline saiety rnspection of Respondent's facilities and records in Brownville, Texas" As a resrrlt of the inspection, the Director, Southwest Region, OPS, issued to Respondent, by letter dated .lanuary 7, 2005, a Notice of Probable Violation and Proposed Compliance Order (Notice)" In accordance with 49 C.F.R. $ 190.207, the Notice proposed finding that Respondent had committed violations of 49 C.F.R. I 195.402(a) and proposed that Respondent take ceftain measures to corect the alleged violations. Respondent respondcd to the Notice by ietter dated January 2.5,2005 (Response). Respondent did not contest the allegations of violation and provided information concerning the corrective action it is taking. 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 violations alleged in the Notice. Accordingly, I find that Rcspondent violated the following section of 49 C.F.R. Part 195, as more fully described in the Noticc: 49 C.F.R. Q 195.a02(a) fzriling to have rvritten procedures for: (A) maintaining pressure during pressure tests in accordance with $ i95.304; (B) pressure testing components in accordance rvith $ 195.305; (C) using:r test medium in accordance with $ 195.306; (D) testing tie-ins pursuant to $ 195.308; and (E) making and retaining a record of each pressLlrc test in accordance with $ 195.310. These findings of violation will be considered prior offenses in any subsequent enforcetncnt action taken aeainst Respondent.#

420055007_Final Order_10142005.pdf, page 3L COfuIPLIANICE ORDER The Notice proposed a compliance ordcr for the violations of 49 C.F.R. $ 195.a02(a). Under 49 U.S.C. $ 601 18(a), cach person rvho engages in the transpodation of hazardous liquids or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under Chaptcr 60i. Pursuant to the authority of 49 U.S.C. $ 60118(b) and 49C.F.R. $ 190.217, Respondent is ordcrcd to take the following actions to ensure compliance with the pipeline safety regulations applicable to its operations. Respondent must- 1. Establish written procedures for maintaining test pressure in accordance with $ 195.304. 2. Establish written procedures for testing components in accordance with $ 195.305. 3. Establish written procedures for using a test medium in accordance with I 195.306. 4. Establish written procedures for testing tie-ins pursuant to $ 195.308, 5. Establish written procedures for making and maintaining a record of each pressure test in accordance with $ 195.310. 6, Implement the established procedures into the Operating and Maintenance Manual. 7. Complete each of the above items within 30 days of receipt of this Final Order and submit documcntation of completion to the Director, Southwest Region, Office of Pipeline Safety, Department of Transpoftation, 8701 South Gessner Drive, Suite 1110, Houston, Texas 77074-2948. The Director, Southwest Region, OPS may grant an extension of time to comply with any of the required items upon a written request trmely submitted by the Respondent demonstrating good cause for an extension. Failure to comply r,vith this Final Order may result in the assessment of civil penalties of up to $100,000 per violation per day, or in the referral of the case for judicial enforcement. Under 49 C.F.R. " 190.215, Respondent has a right to submit a Petition for Reconsidcration of this Final Order. The petition must be rcceived within 20 days of Respondent's receipt of this Final Order and must contain a brief statement of thc issue(s). The terms of the order, including anv required corrective action. remain in full effect unless the Associate Administrator, upon ,rqir.i4 grants a stay. The tenns ancl conclitions of this Final Order are effective on receipt. ilCT 1 4, 1'-:1i5 Date Issued Stacey $erard "Associafp Admtnistrator for Pipeline Safety#