{"operation":"document","citation":"CPF 42020005NOA","title":"CITGO PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-08-25","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(a), 195.446(b)(5).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020005noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020005noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42020005noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42020005NOA","body":"Notice of Amendment involving CITGO PIPELINE CO. PHMSA's enforcement data identifies the cited regulations as 195.446(a),  195.446(b)(5). The case was opened on 2020-08-25 and is reported as closed as of 2021-05-06. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42020005NOA_Closure Letter_05062021_(20-172306).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020005NOA/42020005NOA_Closure%20Letter_05062021_(20-172306).pdf\n\n42020005NOA_Closure Letter_05062021_(20-172306)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020005NOA/42020005NOA_Closure%20Letter_05062021_(20-172306)_text.pdf\n\n42020005NOA_Notice of Amendment_08242020_(20-172306).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020005NOA/42020005NOA_Notice%20of%20Amendment_08242020_(20-172306).pdf\n\n42020005NOA_Notice of Amendment_08242020_(20-172306)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020005NOA/42020005NOA_Notice%20of%20Amendment_08242020_(20-172306)_text.pdf\n\n42020005NOA_Closure Letter_05062021_(20-172306)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMay 6, 2021\nKarl Schmidt\nVice President\nCITGO Pipeline Company\nP.O. Box 4689 N1100\nHouston, Texas 77210\nCPF 4-2020-005-NOA\nDear Mr. Schmidt:\nFrom March 9, 2020 through March 13, 2020, a representative 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 CITGO Pipeline Company’s (CITGO)\nprocedures in Bryan, TX. As a result of the inspection, PHMSA issued a Notice of Amendment\non August 24, 2020 to CITGO, which proposed amendments to its Control Room Management\nPlan procedures.\nCITGO submitted its revised procedures on September 21, 2020. PHMSA staff reviewed the\nrevisions, 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\ncc. Jason Dunphy, PHMSA Western Region (#20-172306)\n\n42020005NOA_Notice of Amendment_08242020_(20-172306)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nAugust 24, 2020\nKarl Schmidt\nVice President\nCITGO Pipeline Company\nP.O. Box 4689 N1100\nHouston, Texas 77210\nCPF 4-2020-005-NOA\nDear Mr. Schmidt:\nOn March 9-13, 2020, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Citgo\nPipeline Company’s (Citgo) procedures and records for Control Room Management at your offices\nin Bryan, Texas.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nCitgo’s Control Room Management plans or procedures, as described below:\n1. §195.446 Control room management.\n(a) General. This section applies to each operator of a pipeline facility with a controller\nworking in a control room who monitors and controls all or part of a pipeline facility\nthrough a SCADA system. Each operator must have and follow written control room\nmanagement procedures that implement the requirements of this section. The\nprocedures required by this section must be integrated, as appropriate, with the\noperator's written procedures required by §195.402…\nCitgo’s written Control Room Management Plan TPL-EPCC-CRM01 12/09/19 Rev. 8 (CRM) did\nnot include a procedure for determining which facilities meet the definition of a Control Room\nthat would be subject to 49 CFR Part 195. Additionally, the definitions for a controller and a\ncontrol room in the CRM are inadequate because they appear parrot from the definitions and\nregulations in §195.2.\nCitgo must amend its procedures to include a process for determining which facilities fall under\nthe definition of a Control Room and expand its definitions for controller and control room.\n\n\n\n2\n2. §195.446 Control room management.\n(b) Roles and responsibilities. Each operator must define the roles and responsibilities\nof a controller during normal, abnormal, and emergency operating conditions. To\nprovide for a controller's prompt and appropriate response to operating conditions,\nan operator must define each of the following:\n(5) The roles, responsibilities and qualifications of others who have the authority to\ndirect or supersede the specific technical actions of controllers.\nCitgo’s CRM is inadequate as it does not identify or define who has the authority to supersede the\nactions of the controller or the qualifications of the superseding person. Citgo indicated during the\ninspection that its control room supervisor has the authority to supersede the controller; however,\nthis is not included as part of the CRM. Specifically, Citgo indicated that it trains and instructs all\nstaff that only the control room supervisor has the authority to supersede the actions of a controller.\nCitgo must amend its procedures to include the provisions for defining those authorized to direct\nor supersede the specific technical actions of its controllers, and a process to implement any\ndirection or action taken to supersede decisions of a controller.\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.\n\n\n\n3\nIt is requested (not mandated) that Citgo maintain documentation of the safety improvement costs\nassociated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)\nand submit the total to Mary L. McDaniel, P.E. Director, Southwest Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please refer\nto CPF 4-2020-005-NOA and, for each document you submit, please provide a copy in electronic\nformat 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","truncated":false,"body_characters":7807}