{"operation":"document","citation":"CPF 420185027M","title":"PLAINS MARKETING, L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-12-20","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.452(j)(5)(iv).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185027m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185027m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420185027m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420185027M","body":"Notice of Amendment involving PLAINS MARKETING, L.P.. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.452(j)(5)(iv). The case was opened on 2018-12-20 and is reported as closed as of 2019-10-28. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420185027M_Closure Letter_10282019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185027M/420185027M_Closure%20Letter_10282019.pdf\n\n420185027M_Closure Letter_10282019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185027M/420185027M_Closure%20Letter_10282019_text.pdf\n\n420185027M_Notice of Amendment_12202018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185027M/420185027M_Notice%20of%20Amendment_12202018.pdf\n\n420185027M_Notice of Amendment_12202018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185027M/420185027M_Notice%20of%20Amendment_12202018_text.pdf\n\n420185027M_Operator Response to Notice_02262019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420185027M/420185027M_Operator%20Response%20to%20Notice_02262019.pdf\n\n420185027M_Notice of Amendment_12202018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nDecember 20, 2018\nDean Gore\nVice President, Environmental & Regulatory Compliance\nPlains All American Pipeline\n333 Clay Street, Suite 1600\nHouston, Texas 77002\nCPF-4-2018-5027M\nDear Mr. Gore:\nFrom May 7, 2018 to August 24, 2018, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code (USC)\ninspected Plains Marketing’s (Plains) Operations & Maintenance Procedures Manual for\noperations and maintenance (O&M) and the Facility Integrity Management Program (FIMP)\nManual in Houston, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nPlains Marketing plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a\nmanual of written procedures for conducting normal operations and maintenance\nactivities and handling abnormal operations and emergencies. This manual shall be\nreviewed at intervals not exceeding 15 months, but at least once each calendar year,\nand appropriate changes made as necessary to insure that the manual is effective.\nThis manual shall be prepared before initial operations of a pipeline system\ncommence, and appropriate parts shall be kept at locations where operations and\nmaintenance activities are conducted.\n\n\n\nThe Operator’s Written Procedure Manual was found to be inadequate and must be amended to\nensure that the manual reviewed at intervals not exceeding 15 months, but at least once each\ncalendar year, and appropriate changes made as necessary to ensure that the manual is effective.\nThe PHMSA inspector reviewed the Review of Procedure Effectiveness, Rev 1, August 2018.\nSection 1.2: Frequency states that each procedure shall be reviewed at least once every 7 years, or\nmore frequently as determined by Division Environmental and Regulatory Compliance (E&RC)\nDirectors. The PHMSA Inspector verified that the procedure has been implemented and received\nthe email confirmation from the Operator.\nPlains All American Pipeline’s procedure must be amended to require written procedures for\nconducting normal operations and maintenance activities to be reviewed at intervals not exceeding\n15 months, but at least once each calendar year, and appropriate changes made as necessary to\nensure that the manual is effective.\n2. §195.452 Pipeline integrity management in high consequence areas.\n(j) What is a continual process of evaluation and assessment to maintain a pipeline's\nintegrity?\n(5) Assessment methods. An operator must assess the integrity of the line pipe\nby any of the following methods. The methods an operator selects to assess\nlow frequency electric resistance welded pipe or lap welded pipe susceptible to\nlongitudinal seam failure must be capable of assessing seam integrity and of\ndetecting corrosion and deformation anomalies.\n(iv) Other technology that the operator demonstrates can provide an\nequivalent understanding of the condition of the line pipe. An operator\nchoosing this option must notify OPS 90 days before conducting the\nassessment, by sending a notice to the address or facsimile number\nspecified in paragraph (m) of this section.\nPlains’ Facility Integrity Management Program (FIMP) procedure was found to be inadequate and\nmust be amended to include a requirement to submit an Integrity Management Program\nnotification for the use of other technology as part of their assessment program. Section 5:\nAssessment Method Selection, Part 5.11: Other Technology does not include a requirement to\nnotify the Office of Pipeline Safety (OPS) 90 days before conducting an assessment using other\ntechnology, other than in-line inspection, pressure testing, or external corrosion direct assessment\nfor conducting assessments. Notifications must be made in accordance with §195.452(m).\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 Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\n2\n\n\n\ntreatment 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 Notice\nand authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice\nwithout further notice to you and to issue an Order Directing Amendment. If your plans or\nprocedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans\nor procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this\nNotice, we propose that you submit your amended procedures to my office within 60 days of\nreceipt of this Notice. This period may be extended by written request for good cause. Once the\ninadequacies identified herein have been addressed in your amended procedures, this enforcement\naction will be closed.\nIt is requested (not mandated) that Plains All American maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to Mary L. McDaniel, P.E., Director, Southwest Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF-4-2018-5027M and, for each document you submit, please provide a\ncopy in electronic format whenever possible.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3\n\n420185027M_Closure Letter_10282019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nOctober 28, 2019\nDean Gore Jr.\nVice President, Environmental & Regulatory Compliance\nPlains All American Pipeline, Plains Marketing, L.P.\n333 Clay Street, Suite 1600\nHouston, Texas 77002\nCPF 4-2018-5027M\nDear Mr. Gore:\nFrom May 7, 2018 to August 24, 2018, a representative from the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site pipeline safety inspection of Plains Marketing, L.P. (Plains) procedures in Houston, Texas.\nAs a result of the inspection, Plains was issued a Notice of Amendment on December 20, 2018,\nwhich proposed amendment of your procedures.\nPlains submitted its amended procedures on February 26, 2019. My staff reviewed the amended\nprocedures, and it appears that the inadequacies outlined in this Notice of Amendment have been\ncorrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nMary L. McDaniel, P.E.\nDirector, Southwest Region\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":8823}