DCOR, LLC — Notice of Probable Violation

party submissionOfficial PDF520077001_Operator Response to notice letter_04022007.pdf#

520077001_Amended FinalOrder_7062009_text.pdf, page 1Official PDFJUL 6, 2009 Mr. Michael J. Finch Vice President of Environmental Safety and Regulatory Compliance DCOR LLC 290 Maple Court, Suite 290 Ventura, CA 93003-9144 Re: CPF No. 5-2007-7001 Dear Mr. Finch: Enclosed is an amended version of the Final Order in the above-referenced case. It corrects a clerical error mad in the text of 49 C.F.R. § 195.452(f)(1), but does not modify the original Final Order in any other respect. Specifically, it still makes findings of violation and finds that you have completed the actions specified in the Notice required to comply with the pipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Chris Hoidal, Director, Western Region, OPS CERTIFIED MAIL-RETURN RRECEIPT REQUIRED#

520077001_Amended FinalOrder_7062009_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ______________________________ ) In the Matter of ) ) DCOR LLC, ) CPF No. 5-2007-7001 ) Respondent. ) ______________________________) FINAL ORDER From May 22 to 24, 2006, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and the California State Fire Marshal inspected the Integrity Management Program (IMP) of DCOR LLC (DCOR or Respondent), the operator of a hazardous liquid pipeline whose headquarters are in Ventura, California. As a result of that inspection, the Director, Western Region, OPS (Director), issued to DCOR, by letter dated February 13, 2007, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that DCOR had violated 49 C.F.R. § 195.452(f)(1) and proposed ordering Respondent to take certain measures to correct the alleged violation. DCOR responded to the Notice by letter dated April 2, 2007 (Response). Respondent did not contest the allegations of violation, but it did provide information concerning the corrective actions it had taken. DCOR has not requested a hearing, thereby waiving that right and authorizing the entry of this Final Order. FINDINGS OF VIOLATION Item 1: The Notice alleged that DCOR violated 49 C.F.R. § 195.452(f)(1), which states: § 195.452 Pipeline integrity management in high consequence areas#

520077001_Amended FinalOrder_7062009_text.pdf, page 32 (a) …. (f) What are the elements of an integrity management program? An integrity management program begins with the initial framework. An operator must continually change the program to reflect operating experience, conclusions drawn from results of the integrity assessments, and other maintenance and surveillance data, and evaluation of consequences of a failure on the high consequence area. An operator must include, at minimum, each of the following elements in its written integrity management program: (1) A process for identifying which pipeline segments could affect a high consequence area . . . In particular, the Notice alleged that DCOR owned and operated the Fort Apache Pump Station (FAPS), a pipeline facility located in a High Consequence Area (HCA) in Huntingdon Beach, California. The Notice further alleged that DCOR failed to include the FAPS in its IMP. Respondent does not dispute these allegations. Accordingly, I find that DCOR violated 49 C.F.R. § 195.452(f)(1) as alleged in Item 1 of the Notice, that is, by failing to include the FAPS, a pipeline facility that could affect an HCA in the event of failure, in its IMP. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a Compliance Order with respect to Item 1 in the Notice for violation of 49 C.F.R. § 195.452(f)(1). Under 49 U.S.C. § 60118(a), each person who engages in the transportation of gas, hazardous liquids, or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under Chapter 601. The Director, Western Region, PHMSA has indicated that Respondent has taken the action specified in the proposed Compliance Order; namely, that on April 4, 2007, DCOR submitted documents showing that the FAPS is now included in its IMP. Accordingly, since compliance has been achieved with respect to this violation, the compliance terms are not included in this Order. The terms and conditions of this Final Order are effective on receipt. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#

dcor 5-2007-7001 nopv-pco 2-13-07_text.pdf, page 1Official PDFO U. S. Department of Transportation Pipeline and Hazardous Materials Safety Administration f2300 W Dakota Ave, Sutta t t0 Lakewood, CO 80228 NOTICE OF PROBABLE VIOLATION and PROPOSED COMPLIANCE ORDER CERTIFIED MAIL - RETURN RECEIPT RE UKSTKD February 13, 2007 Mr. Michael J. Finch Director of ES & RC DCOR LLC. 290 Maple Court, Suite 290 Ventura, CA 93003 SENT TQ COMPLIANCE REGISTRY Hardcopy Electronically' ttatooptosl I Date~~ CPF 5-2007-7001 Dear Mr. Finch: On May 22 to 24, 2006, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA) and California State Fire Marshal {CSFM) pursuant to Chapter 601 of 49 United States Code inspected your procedures for Integrity Management Program in Ventura, CA, As a result of the inspection, it appears that you have committed probable violations of the Pipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the probable violations are: $195. 452 Pipeline integrity management in high consequence areas (f) An operator must include, at minimum, each of the following elements in its written integrity management program: (1) A process for identifying which pipeline segments could affect a high consequence area Although this inspection was principally focused on defining portions of the pipeline itself that could affect an HCA, an operator is also required to identify which facilities could affect an HCA in the event of a failure. DCOR owns and operates a pump station at Fort Apache in Huntington Beach Ca located in a HCA and failed to include in your IMP.#

dcor 5-2007-7001 nopv-pco 2-13-07_text.pdf, page 2Pro osed Com liance Order Pursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety Administration proposes to issue a Compliance Order to DCOR LLC. Please refer to the Proposed Compliance Order that is enclosed and made a part of this Notice. Res onse to this Notice 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. 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 a Final Order. In your correspondence on this matter, please refer to CPF 5-2007-7001 and for each document you submit, please provide a copy in electronic format whenever possible. Sincer is oidal Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosures: Proposed Compliance Order Response Options for Pipeline Operators in Compliance Proceedings cc: PHP-60 Compliance Registry PHP-500 H. Monfared (4117394)#

dcor 5-2007-7001 nopv-pco 2-13-07_text.pdf, page 3PROPOSED COMPI IAIVCE ORDER Pursuant to 49 United States Code $ 60118, the Pipeline and Hazardous Materials Safety Administration (PHMSA) proposes to issue to DCOR LLC a Compliance Order incorporating the following remedial requirements to ensure the compliance of DCOR LLC with the pipeline safety regulations: In regard to Item Number 1 of the Notice pertaining to which pipeline segment could affect a High Consequence Area. DCOR LLC must include in its IMP the pump station at Fort Apache in Huntington, CA as a could affect facility. Within 60 days of issuance of the Final Order, DCOR must complete the above items, and submit the required documentation and procedures to the Director, Western Region, Pipeline and Hazardous Materials Safety Administration, 12300 West Dakota Avenue, Suite 110, Lakewood, Colorado 80228 Please refer to CPF No. 5-2007-7001 on all correspondence.#

520077001_FinalOrder_6172009_text.pdf, page 1Official PDFJUN 17 2009 Mr. Michael J. Finch Vice President of Environmental Safety and Regulatory Compliance DCOR LLC 290 Maple Court, Suite 290 Ventura, CA 93003-9144 Re: CPF No. 5-2007-7001 Dear Mr. Finch: Enclosed is the Final Order issued in the above-referenced case. It makes findings of violation and finds that you have completed the actions specified in the Notice required to comply with the pipeline safety regulations. This case is now closed. Your receipt of the Final Order constitutes service of that document under 49 C.F.R. § 190.5. Thank you for your cooperation in this matter. Sincerely, Jeffrey D. Wiese Associate Administrator for Pipeline Safety Enclosure cc: Mr. Chris Hoidal, Director, Western Region, OPS CERTIFIED MAIL-RETURN RRECEIPT REQUIRED [7005 1160 0001 0046 9662]#

520077001_FinalOrder_6172009_text.pdf, page 2U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION OFFICE OF PIPELINE SAFETY WASHINGTON, D.C. 20590 ______________________________ ) In the Matter of ) ) DCOR LLC, ) CPF No. 5-2007-7001 ) Respondent. ) ______________________________) FINAL ORDER From May 22 to 24, 2006, pursuant to 49 U.S.C. § 60117, representatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), and the California State Fire Marshal inspected the Integrity Management Program (IMP) of DCOR LLC (DCOR or Respondent), the operator of a hazardous liquid pipeline whose headquarters are in Ventura, California. As a result of that inspection, the Director, Western Region, OPS (Director), issued to DCOR, by letter dated February 13, 2007, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that DCOR had violated 49 C.F.R. § 195.452(f)(1) and proposed ordering Respondent to take certain measures to correct the alleged violation. DCOR responded to the Notice by letter dated April 2, 2007 (Response). Respondent did not contest the allegations of violation, but it did provide information concerning the corrective actions it had taken. DCOR has not requested a hearing, thereby waiving that right and authorizing the entry of this Final Order. FINDINGS OF VIOLATION Item 1: The Notice alleged that DCOR violated 49 C.F.R. § 195.452(f)(1), which states: § 195.452 Pipeline integrity management in high consequence areas#

520077001_FinalOrder_6172009_text.pdf, page 32 drawn from results of the integrity assessments, and other maintenance and surveillance data, and evaluation of consequences of a failure on the high consequence area. An operator must include, at minimum, each of the following elements in its written integrity management program: (1) A process for identifying which pipeline segments could affect a high consequence area . . . In particular, the Notice alleged that DCOR owned and operated the Fort Apache Pump Station (FAPS), a pipeline facility located in a High Consequence Area (HCA) in Huntingdon Beach, California. The Notice further alleged that DCOR failed to include the FAPS in its IMP. Respondent does not dispute these allegations. Accordingly, I find that DCOR violated 49 C.F.R. § 195.452(f)(1) as alleged in Item 1 of the Notice, that is, by failing to include the FAPS, a pipeline facility that could affect an HCA in the event of failure, in its IMP. This finding of violation will be considered a prior offense in any subsequent enforcement action taken against Respondent. COMPLIANCE ORDER The Notice proposed a Compliance Order with respect to Item 1 in the Notice for violation of 49 C.F.R. § 195.452(f)(1). Under 49 U.S.C. § 60118(a), each person who engages in the transportation of gas, hazardous liquids, or who owns or operates a pipeline facility is required to comply with the applicable safety standards established under Chapter 601. The Director, Western Region, PHMSA has indicated that Respondent has taken the action specified in the proposed Compliance Order; namely, that on April 4, 2007, DCOR submitted documents showing that the FAPS is now included in its IMP. Accordingly, since compliance has been achieved with respect to this violation, the compliance terms are not included in this Order. The terms and conditions of this Final Order are effective on receipt. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#