{"operation":"document","citation":"CPF 420205016M","title":"BRAVO PIPELINE COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2020-11-24","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(a), 195.452(m), 195.503(b), 195.505(b), 195.505(e), 195.52(b)(6), 195.52(b)(7), 195.52(c), 195.52(d), 195.573(a)(1), 195.583(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420205016m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420205016m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420205016m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420205016M","body":"Notice of Amendment involving BRAVO PIPELINE COMPANY. PHMSA's enforcement data identifies the cited regulations as 195.402(a),  195.452(m),  195.503(b),  195.505(b),  195.505(e),  195.52(b)(6),  195.52(b)(7),  195.52(c),  195.52(d),  195.573(a)(1),  195.583(c). The case was opened on 2020-11-24 and is reported as closed as of 2021-06-11. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420205016M_ Notice of Amendment_11242020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205016M/420205016M_%20Notice%20of%20Amendment_11242020.pdf\n\n420205016M_ Notice of Amendment_11242020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205016M/420205016M_%20Notice%20of%20Amendment_11242020_text.pdf\n\n420205016M_Closure Letter_06112021_(17-158457S).pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205016M/420205016M_Closure%20Letter_06112021_(17-158457S).pdf\n\n420205016M_Closure Letter_06112021_(17-158457S)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205016M/420205016M_Closure%20Letter_06112021_(17-158457S)_text.pdf\n\n420205016M_Operator Response to Notice_02252021.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420205016M/420205016M_Operator%20Response%20to%20Notice_02252021.pdf\n\n420205016M_Closure Letter_06112021_(17-158457S)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJune 11, 2021\nVishal Gupta\nPresident and General Manager\nPermian EOR at Occidental Petroleum\n5 Greenway Plaza\nHouston, Texas 77046\nCPF 4-2020-5016M\nDear Mr. Gupta:\nFrom January 22, 2018 through May 4, 2018, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Occidental Petroleum Corporation’s (OXY) Bravo Pipeline System operations,\nmaintenance, and emergency response procedures in Sundown, Texas. As a result of the\ninspection, PHMSA issued a Notice of Amendment to OXY on November 24, 2020, which\nproposed amendments to its procedures.\nOXY submitted its final amended procedures on February 25, 2021. PHMSA staff reviewed the\namended procedures, and it appears the inadequacies identified in this Notice of Amendment have\nbeen corrected.\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\n420205016M_ Notice of Amendment_11242020_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nNovember 24, 2020\nRob Peterson\nSenior Vice President\nPermian EOR at Occidental Petroleum\n5 Greenway Plaza\nHouston, Texas 77046\nCPF 4-2020-5016M\nDear Mr. Peterson:\nFrom January 22, 2018 through May 4, 2018, a representative of the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code\n(U.S.C.) inspected Occidental Petroleum Corporation’s (OXY) Bravo Pipeline System operations,\nmaintenance, and emergency response procedures in Sundown, Texas.\nBased on the inspection, PHMSA has identified the apparent inadequacies found within Occidental\nPetroleum Corporation’s Bravo Pipeline System’s 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 manual\nof written procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies. This manual shall be reviewed\nat intervals not exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted\n\n\n\n2\n§ 195.52 Immediate notice of certain accidents.\n(b) Information required. Each notice required by paragraph (a) of this section must\nbe made to the National Response Center either by telephone to 800-424-8802 (in\nWashington, DC, 202-267-2675) or electronically at http://www.nrc.uscg.mil and\nmust include the following information:\n(6) Initial estimate of amount of product released in accordance with paragraph\n(c) of this section.\n(7) All other significant facts known by the operator that are relevant to the cause\nof the failure or extent of the damages.\n(c) Calculation. A pipeline operator must have a written procedure to calculate and\nprovide a reasonable initial estimate of the amount of released product.\n(d) New information. Within 48 hours after the confirmed discovery of an accident,\nto the extent practicable, an operator must revise or confirm its initial telephonic\nnotice required in paragraph (b) of this section with a revised estimate of the amount\nof product released, location of the failure, time of the failure, a revised estimate of\nthe number of fatalities and injuries, and all other significant facts that are known by\nthe operator that are relevant to the cause of the accident or extent of the damages. If\nthere are no changes or revisions to the initial report, the operator must confirm the\nestimates in its initial report.\nOXY’s Bravo Pipeline reporting procedures in OMER Book 1, Section 7-Emergencies and\nAccident Reporting (Revised 03/16/10), pages 2, 3, and 4, did not include all the information\nrequired by § 195.52 for immediately reporting accidents to the National Response Center.\nOXY must update the “Emergencies and Accident Reporting” requirements listed in the Oxy\nBravo Pipeline’s OM&ER Book 1, Section 7 to reflect the requirements in § 195.52 pertaining to\nthe immediate notice of certain accidents.\n2. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual\nof written procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies. This manual shall be reviewed\nat intervals not exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\n§ 195.571 What criteria must I use to determine the adequacy of cathodic protection?\nCathodic protection required by this subpart must comply with one or more of the\napplicable criteria and other considerations for cathodic protection contained\n\n\n\n3\nparagraphs 6.2.2, 6.2.3, 6.2.4, 6.2.5 and 6.3 in NACE SP 0169 (incorporated by\nreference, see § 195.3).\nOXY’s Bravo Pipeline’s OMER Book 1, Section 16 Corrosion Control (Revised 06/12/08)\nprocedures were inadequate regarding the application of cathodic protection criteria used to\nevaluate the adequacy of cathodic protection. OXY’s “RE: §195.571 Cathodic Protection Criteria”\nprocedure did not identify the use of the 100 mV polarization criterion as a pipe-to-soil criterion\nused to determine the adequacy of cathodic protection for buried pipelines.\nOXY must revise its “RE: §195.571 Cathodic Protection Criteria” procedure to include detailed\nprocedures for the application of the 100 mV polarization criterion as a pipe-to-soil criterion used\nto determine the adequacy of cathodic protection for OXY’s Bravo CO2 pipelines. Since OXY\nused the 100 mV polarization criterion to determine the adequacy of cathodic protection for several\nof its pipeline segments, it must also state reasons and justification in its procedures for the use of\nthis criterion.\nFurthermore, OXY’s “RE: §195.571 Cathodic Protection Criteria” procedure lacks sufficient\ndetail on consideration given to voltage drops other than those across the pipe-to-soil boundary\n(IR drop) as recommended by NACE SP 0169 when using the pipe-to-soil criterion of negative\n(cathodic) potential of at least 850 millivolts, with cathodic protection current applied.\nOXY must revise its “RE: §195.571-Cathodic Protection Criteria” procedure to include detailed\nprocedures for consideration given to voltage drops other than those across the pipe-to-soil\nboundary (IR drop) when the 850 millivolts with cathodic protection current applied criterion is\nused to determine the adequacy of cathodic protection.\n3. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual\nof written procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies. This manual shall be reviewed\nat intervals not exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\n§ 195.573 What must I do to monitor external corrosion control?\n(a) Protected pipelines. You must do the following to determine whether cathodic\nprotection required by this subpart complies with § 195.571:\n(1) Conduct tests on the protected pipeline at least once each calendar year, but\nwith intervals not exceeding 15 months. However, if tests at those intervals are\nimpractical for separately protected short sections of bare or ineffectively coated\npipelines, testing may be done at least once every 3 calendar years, but with\nintervals not exceeding 39 months.\n\n\n\n4\nOXY Bravo Pipeline’s OMER Book 1, Section 16 Corrosion Control (Revised 06/12/08)\nprocedures were inadequate regarding the remediation of deficient pipe-to-soil readings identified\nduring annual surveys, which are required to determine if cathodic protection for buried pipelines\nis adequate and in compliance with § 195.571. OXY’s “RE: §195.573 (a1)-Pipe to soil monitoring\n(annually/15 months)” procedure did not include a timeline to remediate cathodic protection\ndeficiencies identified during annual surveys in accordance with §195.573(e).\nOXY must revise its operations, maintenance, & emergency response procedures manual, OMER\nBook 1, Section 16 Corrosion Control (Revised 06/12/08) procedures to include a timeline for\nremediation of pipe-to-soil readings’ deficiencies identified during annual surveys.\n4. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline system a manual\nof written procedures for conducting normal operations and maintenance activities\nand handling abnormal operations and emergencies. This manual shall be reviewed\nat intervals not exceeding 15 months, but at least once each calendar year, and\nappropriate changes made as necessary to insure that the manual is effective. This\nmanual shall be prepared before initial operations of a pipeline system commence,\nand appropriate parts shall be kept at locations where operations and maintenance\nactivities are conducted.\n§ 195.583 What must I do to monitor atmospheric corrosion control?\n(c) If you find atmospheric corrosion during an inspection, you must provide\nprotection against the corrosion as required by § 195.581.\nOXY Bravo Pipeline’s OMER Book 1, Section 16 Corrosion Control (Revised 06/12/08)\nprocedures were inadequate regarding the atmospheric corrosion inspection remediation. OXY’s\n“RE: §195.583-Monitoring Atmospheric Corrosion Control” procedure did not include a timeline\nto remediate deficiencies identified during atmospheric corrosion inspections in accordance with\n§ 195.581.\nOXY must revise its operations, maintenance, & emergency response procedures manual, OMER\nBook 1, Section 16 Corrosion Control (Revised 06/12/08) procedures to include a timeline for\nremediation of deficiencies identified during atmospheric corrosion inspections.\n5. § 195.452 Pipeline integrity management in high consequence areas.\n(m) How does an operator notify PHMSA? An operator must provide any\nnotification required by this section by:\n(1) Sending the notification by electronic mail to Information Resources Manger\n@dot.gov; or,\n\n\n\n5\n(2) Sending the notification by mail to ATTN: Information Resources Manager,\nDOT/PHMSA/OPS, East Building, 2nd Floor, E22-321, 1200 New Jersey Ave SE.,\nWashington, DC 20590\nOXY failed to update the PHMSA notification contact information included in “Section 6.7.3” of\nOccidental Oil and Gas Corporation’s HES Integrity Management Program Manual to be\nconsistent with what is currently listed in § 195.452(m)(1) and (2).\nOXY must revise “Section 6.7.3” of Occidental Oil and Gas Corporation’s HES Integrity\nManagement Program Manual to match what is currently listed in § 195.452(m)(1) and (2), to\ninclude the email and physical address for PHMSA as well as delete the outdated PHMSA contact\ninformation.\n6. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(e) Evaluate an individual if the operator has reason to believe that the individual\nis no longer qualified to perform a covered task;\nOXY’s Bravo Pipeline Company’s Operator Qualification Program, Section 7.5 Re-\nevaluation/Qualification failed to describe in sufficient detail the re-evaluation process if an\nindividual is no longer considered qualified or if a qualified individual fails an evaluation. The\ntime frame for receiving retraining and repeating evaluations was not defined. Furthermore, when\nremedial training is required for individuals no longer considered qualified to perform a covered\ntask, the process did not identify the individual who initiates or reviews the re-training (for\nexample, individual’s supervisor, proctor/evaluator, or subject matter expert).\nTo satisfy the requirement of § 195.505(e), OXY must revise the Bravo Pipeline Company’s\nOperator Qualification Program, Section 7.5 Re-evaluation/Qualification to include additional\nguidance regarding the timeframe between a failed evaluation of a covered task and repeating the\nsame covered task for re-evaluation, as well as guidance on the individual within the organization\nresponsible for initiating the remedial training for an individual no longer considered qualified to\nperform a covered task.\n7. § 195.505 Qualification program.\nEach operator shall have and follow a written qualification program. The program\nshall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks\nare qualified;\n§ 195.503 Definitions.\nQualified means that an individual has been evaluated and can:\n(b) Recognize and react to abnormal operating condition\n\n\n\n6\nOXY failed to ensure that the abnormal operating conditions (AOCs) listed for several Bravo\nPipeline Company’s covered tasks were specific enough to ensure that employees can recognize\nand react to the AOCs associated with the covered task. As a result, OXY failed to ensure that\nindividuals performing covered tasks on its pipeline system were properly qualified. The AOCs\nidentified were not specific and relevant to each covered task in its Operator Qualification\nProgram (OQ) (Revised June 10, 2006) and thus could not evaluate an individual's ability to\nrecognize and react to AOCs while performing each covered task.\nDuring the inspection, the PHMSA inspector reviewed the following OQ covered tasks: (1) Oxy\nBravo “Pipeline Operations Task # 9 CP Rectifier, Taking Readings” (Rev. 7); (2) Oxy Bravo\n“Pipeline Operations Task # 10 Rectifier Maintenance” (Rev. 8); and (3) Oxy Bravo “Pipeline\nOperations Task #20 Mainline Valves Inspection” (Rev. 6). These three covered tasks listed\nidentical AOCs and did not include specific conditions that may indicate a malfunction of a\ncomponent or deviation from normal operations that may indicate a condition exceeding design\nlimits, or result in a hazard(s) to persons, property, or the environment.\nOXY did not meet the minimum requirements for the operator qualification as required by\n§ 195.503 and § 195.505 by failing to ensure that the AOCs listed for several OXY Bravo\nPipeline’s covered tasks were specific enough to ensure employees can recognize and react to the\nAOCs associated with the covered task.\nOXY must review and revise each of its OQ Program covered tasks to ensure that the AOCs are\nappropriate for the covered task. AOCs identified and used in evaluating individuals should\nrepresent those that could reasonably be anticipated during the performance of the covered tasks.\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).\n\n\n\n7\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.\nIt is requested (not mandated) that Occidental Petroleum Corporation maintain documentation of\nthe safety improvement costs associated with fulfilling this Notice of Amendment\n(preparation/revision of plans, procedures) and submit the total to Mary L. McDaniel, P.E.,\nSouthwest Region, Pipeline and Hazardous Materials Safety Administration. In correspondence\nconcerning this matter, please refer to CPF 4-2020-5016M, and for each document you submit,\nplease provide a copy 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","truncated":false,"body_characters":19254}