# CITGO PIPELINE CO — Notice of Amendment

- **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:** Not available
- **summary:** CLOSED notice of amendment citing 195.446(a), 195.446(b)(5).
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- **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.

Official case documents:

42020005NOA_Closure Letter_05062021_(20-172306).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020005NOA/42020005NOA_Closure%20Letter_05062021_(20-172306).pdf

42020005NOA_Closure Letter_05062021_(20-172306)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020005NOA/42020005NOA_Closure%20Letter_05062021_(20-172306)_text.pdf

42020005NOA_Notice of Amendment_08242020_(20-172306).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42020005NOA/42020005NOA_Notice%20of%20Amendment_08242020_(20-172306).pdf

42020005NOA_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

42020005NOA_Closure Letter_05062021_(20-172306)_text.pdf

ELECTRONIC MAIL - RETURN RECEIPT REQUESTED
May 6, 2021
Karl Schmidt
Vice President
CITGO Pipeline Company
P.O. Box 4689 N1100
Houston, Texas 77210
CPF 4-2020-005-NOA
Dear Mr. Schmidt:
From March 9, 2020 through March 13, 2020, a representative from the Pipeline and Hazardous
Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code,
conducted an on-site pipeline safety inspection of CITGO Pipeline Company’s (CITGO)
procedures in Bryan, TX. As a result of the inspection, PHMSA issued a Notice of Amendment
on August 24, 2020 to CITGO, which proposed amendments to its Control Room Management
Plan procedures.
CITGO submitted its revised procedures on September 21, 2020. PHMSA staff reviewed the
revisions, and it appears that the inadequacies outlined in this Notice of Amendment have been
corrected.
This letter is to inform you no further action is necessary and this case is now closed. Thank you
for your cooperation.
Sincerely,
Mary L. McDaniel, P.E.
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
cc. Jason Dunphy, PHMSA Western Region (#20-172306)

42020005NOA_Notice of Amendment_08242020_(20-172306)_text.pdf

NOTICE OF AMENDMENT
ELECTRONIC MAIL - RETURN RECEIPT REQUESTED
August 24, 2020
Karl Schmidt
Vice President
CITGO Pipeline Company
P.O. Box 4689 N1100
Houston, Texas 77210
CPF 4-2020-005-NOA
Dear Mr. Schmidt:
On March 9-13, 2020, representatives of the Pipeline and Hazardous Materials Safety
Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Citgo
Pipeline Company’s (Citgo) procedures and records for Control Room Management at your offices
in Bryan, Texas.
On the basis of the inspection, PHMSA has identified the apparent inadequacies found within
Citgo’s Control Room Management plans or procedures, as described below:
1. §195.446 Control room management.
(a) General. This section applies to each operator of a pipeline facility with a controller
working in a control room who monitors and controls all or part of a pipeline facility
through a SCADA system. Each operator must have and follow written control room
management procedures that implement the requirements of this section. The
procedures required by this section must be integrated, as appropriate, with the
operator's written procedures required by §195.402…
Citgo’s written Control Room Management Plan TPL-EPCC-CRM01 12/09/19 Rev. 8 (CRM) did
not include a procedure for determining which facilities meet the definition of a Control Room
that would be subject to 49 CFR Part 195. Additionally, the definitions for a controller and a
control room in the CRM are inadequate because they appear parrot from the definitions and
regulations in §195.2.
Citgo must amend its procedures to include a process for determining which facilities fall under
the definition of a Control Room and expand its definitions for controller and control room.



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2. §195.446 Control room management.
(b) Roles and responsibilities. Each operator must define the roles and responsibilities
of a controller during normal, abnormal, and emergency operating conditions. To
provide for a controller's prompt and appropriate response to operating conditions,
an operator must define each of the following:
(5) The roles, responsibilities and qualifications of others who have the authority to
direct or supersede the specific technical actions of controllers.
Citgo’s CRM is inadequate as it does not identify or define who has the authority to supersede the
actions of the controller or the qualifications of the superseding person. Citgo indicated during the
inspection that its control room supervisor has the authority to supersede the controller; however,
this is not included as part of the CRM. Specifically, Citgo indicated that it trains and instructs all
staff that only the control room supervisor has the authority to supersede the actions of a controller.
Citgo must amend its procedures to include the provisions for defining those authorized to direct
or supersede the specific technical actions of its controllers, and a process to implement any
direction or action taken to supersede decisions of a controller.
Response to this Notice
This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. Enclosed as
part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance
Proceedings. Please refer to this document and note the response options. Be advised that all
material you submit in response to this enforcement action is subject to being made publicly
available. If you believe that any portion of your responsive material qualifies for confidential
treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a
second copy of the document with the portions you believe qualify for confidential treatment
redacted and an explanation of why you believe the redacted information qualifies for confidential
treatment under 5 U.S.C. 552(b).
Following the receipt of this Notice, you have 30 days to submit written comments, revised
procedures, or a request for a hearing under §190.211. If you do not respond within 30 days of
receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice
and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice
without further notice to you and to issue an Order Directing Amendment. If your plans or
procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans
or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not contesting this
Notice, we propose that you submit your amended procedures to my office within 30 days of
receipt of this Notice. This period may be extended by written request for good cause. Once the
inadequacies identified herein have been addressed in your amended procedures, this enforcement
action will be closed.



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It is requested (not mandated) that Citgo maintain documentation of the safety improvement costs
associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures)
and submit the total to Mary L. McDaniel, P.E. Director, Southwest Region, Pipeline and
Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer
to CPF 4-2020-005-NOA and, for each document you submit, please provide a copy in electronic
format whenever possible.
Sincerely,
Mary L. McDaniel, P.E.
Director, Southwest Region
Pipeline and Hazardous Materials Safety Administration
Enclosure: Response Options for Pipeline Operators in Compliance Proceedings
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