THUMS LONG BEACH CO — Notice of Amendment

party submissionOfficial PDF520072001M_operator response to notice_09052007.pdf#

520072001m_notice of amendment_08032007_text.pdf, page 1Official PDFO U. S. Department of Transportation Pipeline and Hazardous Materials Safety Administration SENT To CQMPLIANcE REGIsT~R Hardcopy Electronicaiity ¹ of Copies l / Date ~ & Q 12300 W Dakota Ave, SuIte 110 Lakewood, CO 80228 NOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT RE UESTED August 3, 2007 Mr. Duane Dudics Manager, Environmental, Safety & Health Thums Long Beach Company 111 W. Ocean Boulevard Long Beach, CA 90802 CPF 5-2QQ7-20Q1M Dear Mr. Dudics: On June 12„2006, a representative of the Pipehne and Hazardous Materials Safety Administration (PHMSA) and a representative of the California State Fire Marshall office (SFM), pursuant to Chapter 601 of 49 United States Code, conducted an inspection of the Thums Long Beach Company (Thums) Operator Quahfication (OQ) program for your pipeline personnel in Long Beach, Cahfornia. On the basis of the inspection, PHMSA identified apparent inadequacies found within Thums OQ plan as described below: 1. g 192. 805 Qualification Program a) Identify covered tasks; Thums Operator Quahfication Plan provided a hsting of covered tasks, but several tasks were not described or documented. Tasks no. 15, 16, 19, 20, and 29#

520072001m_notice of amendment_08032007_text.pdf, page 2were not described or documented. The analogous code citation for your hazardous hquid pipelmes operator quahfication program is $195. 505. b) Ensure through evaluation that individuals performing covered tasks are qualified Thums Operator Qualification Plan described Abnormal Operating Conditions (AOCs), but no documentation was available to show the evaluation and quahfication of individuals for their capacity to recogmze and react to AOCs. The analogous code citation for your hazardous hquid pipehnes operator qualification program is $195. 505. 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. Thums Operator Qualification Plan described provisions to allow individuals that are not quahfied to perform covered tasks if directed and observed by an individual that is qualified, but there were no hmitations or restrictions placed on these acitivities. The analogous code citations for your hazardous hquid pipehnes operator quahfication programs is $195. 505. 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 m response to this enforcement action is subject to being made pubhcly available. If you believe 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 quahfy 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 Final Order. If, after opportunity 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 thirty 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.#

520072001m_notice of amendment_08032007_text.pdf, page 3In correspondence concerning this matter, please refer to CPF 5-2007-2001M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Chris Hoidal Director, Western Region Pipehne and Hazardous Materials Safety Administration cc: PHP-60 Comphance Registry PHP-500 P. Nguyen (¹118307) Enclosure: Response Options for Pipeline Operators in Compliance Proceedings#