{"operation":"document","citation":"CPF 42021003NOA","title":"CITGO PIPELINE CO — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-01-08","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(13).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021003noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021003noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-42021003noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/42021003NOA","body":"Notice of Amendment involving CITGO PIPELINE CO. PHMSA's enforcement data identifies the cited regulation as 195.402(c)(13). The case was opened on 2021-01-08 and is reported as closed as of 2021-05-25. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n42021003NOA_Closure Letter_05252021_(20-171906).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021003NOA/42021003NOA_Closure%20Letter_05252021_(20-171906).pdf\n\n42021003NOA_Closure Letter_05252021_(20-171906)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021003NOA/42021003NOA_Closure%20Letter_05252021_(20-171906)_text.pdf\n\n42021003NOA_Notice of Amendment_01082021_(20-171906).pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021003NOA/42021003NOA_Notice%20of%20Amendment_01082021_(20-171906).pdf\n\n42021003NOA_Notice of Amendment_01082021_(20-171906)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/42021003NOA/42021003NOA_Notice%20of%20Amendment_01082021_(20-171906)_text.pdf\n\n42021003NOA_Notice of Amendment_01082021_(20-171906)_text.pdf\n\nNOTICE OF AMENDMENT\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nJanuary 8, 2021\nKarl Schmidt\nPresident\nCITGO Pipeline Company\nP.O. Box 4689\nHouston, Texas 77210\nCPF 4-2021-003-NOA\nDear Mr. Schmidt:\nFrom July 20, 2020 through October 28, 2020, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code (U.S.C.) inspected CITGO Pipeline\nCompany's (CITGO) hazardous liquid pipeline facilities, records, and procedures located in Louisiana and Texas.\nBased on the inspection, PHMSA has identified the apparent inadequacy found within CITGO’s plans or\nprocedures as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) …\n(c) Maintenance and normal operations. The manual required by paragraph (a) of this section must\ninclude procedures for the following to provide safety during maintenance and normal operations:\n(1) …\n(13) Periodically reviewing the work done by operator personnel to determine the effectiveness of\nthe procedures used in normal operation and maintenance and taking corrective action where\ndeficiencies are found.\nCITGO’s Terminal and Pipeline Operations Manual (All Areas) Revision Date 5/27/2020 is inadequate\nbecause it does not limit the review required by § 195.402(c)(13) to the performance of its employees\nwhile following a specific procedure used in normal operations and maintenance. Specifically, the section\ntitled “Implementation – Responsibility” of CITGO’s procedure states “If deficiencies are found regarding\nan employee’s work practices or failure to follow the procedures in this manual, MANAGEMENT will\ntake corrective actions to assure the quality of future work. MANAGEMENT shall document these\nreviews through the Employee Development Plan (EDP) annual assessment process or they may utilize\nforms provided on SHAREPOINT for this purpose.” The procedure does not provide a means to evaluate\nthe effectiveness of the procedure itself or provide a process to modify the procedures as needed following\nthe effectiveness review. Instead, the procedure focuses on the employee’s individual performance.\nAn operator is required to periodically review the work done by its employees to determine the\neffectiveness of the procedures used in normal operation and maintenance activities. CITGO procedures\ndo not specify how the periodic review will be conducted. CITGO must amend its procedure to ensure\n\n\n\n2\nthat CITGO periodically reviews the work done by its employees during the normal operations and\nmaintenance to determine if the procedure was or was not effective rather than if the employee’s\nperformance was.\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 part of this\nNotice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer\nto this document and note the response options. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any portion of your responsive\nmaterial qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second 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 treatment\nunder 5 U.S.C. 552(b).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised procedures, or a\nrequest for a hearing under § 190.211. If you do not respond within 30 days of receipt of this Notice, this\nconstitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate\nAdministrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue\nan Order Directing Amendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are\nnot contesting this Notice, 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 inadequacies\nidentified herein have been addressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that CITGO Pipeline Company maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans, procedures) and submit\nthe total to Mary L. McDaniel, Director, Southwest Region, Pipeline and Hazardous Materials Safety\nAdministration. In correspondence concerning this matter, please refer to CPF 4-2021-003-NOA, and for each\ndocument you submit, please 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\n\n42021003NOA_Closure Letter_05252021_(20-171906)_text.pdf\n\nELECTRONIC MAIL - RETURN RECEIPT REQUESTED\nMay 25, 2021\nKarl Schmidt\nPresident\nCITGO Pipeline Company\nP.O. Box 4689\nHouston, Texas 77210\nCPF 4-2021-003 NOA\nDear Mr. Schmidt:\nFrom July 20, 2020 through October 28, 2020, 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 CITGO Pipeline Company's (CITGO) hazardous liquid pipeline facilities,\nrecords, and procedures located in Louisiana and Texas via a remote inspection. As a result of the\ninspection, CITGO was issued a Notice of Amendment on January 8, 2021, which required\namendments to its procedures. On May 5, 2021, CITGO submitted its amended procedures to its\noperations and maintenance plan. PHMSA reviewed the updated procedures, and it appears that\nthe inadequacies outlined in this Notice of Amendment have been 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\ncc: John McCrossin, Manager, EHS&S, jmccros@citgo.com","truncated":false,"body_characters":7521}