{"operation":"document","citation":"CPF 420195005M","title":"PLAINS PIPELINE, L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-01-31","effective_on":null,"summary":"CLOSED notice of amendment citing 195.234(b)(2), 195.402(c)(3), 195.402(c)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195005m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195005m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420195005m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420195005M","body":"Notice of Amendment involving PLAINS PIPELINE, L.P.. PHMSA's enforcement data identifies the cited regulations as 195.234(b)(2),  195.402(c)(3),  195.402(c)(5). The case was opened on 2019-01-31 and is reported as closed as of 2019-11-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420195005M_Closure Letter_11212019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195005M/420195005M_Closure%20Letter_11212019.pdf\n\n420195005M_Closure Letter_11212019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195005M/420195005M_Closure%20Letter_11212019_text.pdf\n\n420195005M_Notice of Amendment_01312019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195005M/420195005M_Notice%20of%20Amendment_01312019.pdf\n\n420195005M_Notice of Amendment_01312019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195005M/420195005M_Notice%20of%20Amendment_01312019_text.pdf\n\n420195005M_Operator Response to Notice_05032019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420195005M/420195005M_Operator%20Response%20to%20Notice_05032019.pdf\n\n420195005M_Closure Letter_11212019_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nNovember 21, 2019\nDean Gore\nVice President, Environmental & Regulatory Compliance\nPlains All-American Pipeline, L.P.\n333 Clay Street, Suite 1600\nHouston, Texas 77002\nCPF 4-2019-5005M\nDear Mr. Gore:\nOn June 12 - 16, 2017, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, conducted an on-\nsite pipeline safety inspection of Plains Pipeline, L.P. (Plains) procedures in Cushing, Oklahoma.\nAs a result of the inspection, Plains was issued a Notice of Amendment on January 31, 2019, which\nproposed amendment of its procedures.\nPlains submitted its amended procedures on May 3, 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\n\n420195005M_Notice of Amendment_01312019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 31, 2019\nDean Gore\nVice President, Environmental & Regulatory Compliance\nPlains All-American Pipeline, L.P.\n333 Clay Street, Suite 1600\nHouston, Texas 77002\nCPF 4-2019-5005M\nDear Mr. Gore:\nOn June 12 - 16, 2017, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Plains\nPipeline, L.P. (Plains) procedures and records for the construction of your Red River and Caddo\npipelines in Cushing, Oklahoma.\nOn the basis of the inspection, PHMSA has identified an apparent inadequacy found within Plains’\nplans or procedures, as described below:\n1. §195.234 Non-Destructive Testing.\n(b) Any nondestructive testing of welds must be performed-\n(2) With personnel who have been trained in the established procedures and in the\nuse of the equipment employed in the testing.\nPlains procedure PAALP-ENG-SPC-WEL-210: Radiographic Inspection of Girth Welds, section\n4.2, states that\n\n\n\n“film interpreters may be required to pass a PAAPLP qualification program that includes\ndemonstrating their knowledge and understanding of this specification and passing a\npractical film interpretation test prior to production film interpretation.”\nWhile reviewing the records for the NDT examiner qualifications, it was noted that the film\ninterpreters were given a written test on both general NDE requirements and Plains specific\nprocedures. While the Plains procedure states that film interpreters may be required to pass a\nqualification program, it does not state what “passing” means. There is no qualitative or\nquantitative measure provided for which a qualification program may be evaluated to ensure that\nthe film interpreter has the requisite knowledge needed for the work. Multiple records reviewed\nindicated that while film interpreters were given a knowledge assessment test, the results were\nvaried and it was unclear if Plains would disqualify a film interpreter based on the results of the\nqualification program. The Plains procedure must be amended to clarify what “passing” a\nqualification test means and what actions are taken if a film interpreter fails to pass the qualification\ntest.\n2. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) The manual required by paragraph (a) of this section must include procedures for\nthe following to provide safety during maintenance and normal operations:\n(5) Analyzing pipeline accidents to determine their causes.\nPlains O&M manual, Appendix C, Section 195.402(c)(50/(e)(9) contains the procedure for post-\naccident analysis and investigation. Currently, page 2 in the aforementioned O&M section states\nthat accident analysis is the responsibility of the District Manager and Director of Environmental\nand Regulatory Compliance. Through interviews with the Director of Environmental and\nRegulatory Compliance, PHMSA inspectors noted that Plains recently established a new hierarchy\nof responsibilities related to accident investigation and analysis, and that Plains’ Safety Group is\nnow responsible for the root cause investigation and analysis for pipeline accidents. It was unclear\nlooking at the current O&M Manual that the responsibility for the analysis was with the Safety\nGroup. Plains should amend their procedures to clearly identify the responsible party for accident\nanalysis to reflect recent changes within the Plains’ organization.\n3. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) The manual required by paragraph (a) of this section must include procedures for\nthe following to provide safety during maintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\nPlains conducts monthly inspections of the tank overfill alarms in accordance with established\nO&M Section 420 and Plains Procedure P-195.432(a)(b)&(c). The Plains Tank Inspection Form\n505 requires that the inspector verify that the liquid gauge, level transmitter, and Control Center\nLevels are within tolerance. However, the form does not specify what the allowable tolerance\nshould be, i.e. what would constitute an “unsatisfactory condition.”\n2\n\n\n\nInterviews during the inspection revealed that the tolerance was listed in the Plains “Measurement\nManual;” however, follow-up interviews with Plains field personnel revealed that the personnel\ndoing the inspection did not know what the required tolerance was, or that a “Measurement\nManual” existed. Plains must amend their procedures and inspection forms to clarify what is\nconsidered satisfactory or unsatisfactory with regards to tank level indicator readings between the\ntank gauge level, tank transmitter level and control center level.\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\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 30 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.\n3\n\n\n\nIt is requested (not mandated) that Plains Pipeline, L.P., maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision of\nplans, procedures) and submit the total to T. Binns, Acting Director, Southwest Region, Pipeline\nand Hazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 4-2019-5005M and, for each document you submit, please provide a copy in\nelectronic 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\n4","truncated":false,"body_characters":9680}