GREKA — Notice of Amendment

party submissionOfficial PDF520070020M_operator response to notice_09072007.pdf#

520070020m_notice of amendment_08032007_text.pdf, page 1Official PDFSENT TO COMPLIANCE REGISTItE Hardcopy Electronically ¹ of Copies+/ Date ~&o 7 12300 W Dakota Ave, SuIte 110 Lakewood, CO 80228 U. S Department of Transportation Pipeline and Hazardous Materials Safety Administration NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT RE UESTED August 3, 2007 Mr. Ray Marroquin Gas Superintendent Greka Energy 6527 Dominion Road Santa Maria, CA 93454 CPF 5-2007-0020M Dear Mr. Marroquin: On September 19, 2005, a representative of the Pipehne and Hazardous Materials Safety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your Operator Quahfication program of your pipehne personnel in Santa Maria, Cahfornia. On the basis of the inspection, PHMSA has identified the apparent inadequacies found within Greka Energy's (Greka) plans or procedures, as described below: 1. Part 192. 805(b) Ensure through evaluation that individuals performing covered tasks are qualified: Greka Energy Operator Quahfication Plan estabhshed evaluation methods for its pipeline personnel, but failed to document the evaluation of individuals perforrmng covered tasks.#

520070020m_notice of amendment_08032007_text.pdf, page 22. Part 192. 805(c) Allow individuals that are not qualified pursuant to this subpart to perform a covered task if directed and observed by an individual that is qualified. Greka Energy Operator Quahfication Plan estabhshed provisions to allow non- quahfied individuals to perform covered tasks under a qualified individual, but failed to specify hmitations or restTictions for these activities. 3. Part 192. 805(f) Communicate changes that affect covered tasks to individuals performing these covered tasks Greka Energy Operator Quahfication Plan failed to specify a process to notify PHMSA or appropriate regulatory agency of sigmficant written program changes once the program has been reviewed. 4. Part 192. 805(g) Identify those covered tasks and the intervals at which evaluation of the individual's qualifications is needed. Greka Energy Operator Quahfication Plan failed to specify reevaluation intervals for individuals performing covered tasks. Res onse to this Notice This Notice is provided pursuant to 49 U. S. C. $ 60108(a) and 49 C. F. R. $ 190. 237. 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 pubhcly available. If you beheve that any portion of your responsive material quahfies 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 beheve qualify for confidential treatment redacted and an explanation of why you beheve the redacted information quahfies for confidential treatment under 5 U. S. C. 552(b). 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 Admimstrator for Pipehne Safety to find facts as alleged in this Notice without further notice to you and to issue a Fmal Order. If, after opportumty for a hearing, 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. 237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within [number of days] days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herem have been addressed in your amended procedures, this enforcement action will be closed.#

520070020m_notice of amendment_08032007_text.pdf, page 3In correspondence concermng this matter, please refer to CPF 5-2007-0020M and, for each document you submit, please provide a copy in electromc format whenever possible. Sincerely, Chris Hoidal Director, Western Region Pipehne and Hazardous Materials Safety Admimstration cc: PHP-60 Comphance Registry PHP-500 P Nguyen, IOCS Activity no. 116226 Enclosure: Response Options for Pipeline Operators in Compliance Proceedings#