{"operation":"document","citation":"CPF 520090016M","title":"Plains Products Terminals LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-05-13","effective_on":null,"summary":"CLOSED notice of amendment citing 192.805(b), 192.805(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090016m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090016m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090016m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520090016M","body":"Notice of Amendment involving Plains Products Terminals LLC. PHMSA's enforcement data identifies the cited regulations as 192.805(b),  192.805(c). The case was opened on 2009-05-13 and is reported as closed as of 2009-07-31. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520090016M_notice of amendment_05132009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090016M/520090016M_notice%20of%20amendment_05132009.pdf\n\n520090016M_notice of amendment_05132009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090016M/520090016M_notice%20of%20amendment_05132009_text.pdf\n\n520090016M_notice of amendment_05132009_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMay 13, 2009\nMr. Tom J. McLane\nDirector, Western Division\nPlains Products Terminals LLC\n5900 Cherry Avenue\nLong Beach, CA 90805\nCPF 5-2009-0016M\nDear Mr. McLane:\nOn February 6-8, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected\nPlains Products Terminals LLC’s procedures and supporting records for its Operator\nQualification (OQ) program in Martinez, California.\nOn the basis of the inspection, PHMSA identified the apparent inadequacies within your\nOQ plans or procedures, as described below:\n1. §192.805 Qualification program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(b) Ensure through evaluation that individuals performing covered tasks are\nqualified;\n\n\n\nPlains Products Terminals’ procedures did not require that individuals from any other\nentity performing covered tasks on its behalf be evaluated and qualified prior to task\nperformance. Plains Products Terminals’ representative explained they will use “in-house”\nqualified personnel from other company units if needed. Regardless, Plains Products\nTerminals’ OQ procedures do not have provisions for using outside contractors if the\noperational or maintenance need arises.\n2. §192.805 Qualification program\nEach operator shall have and follow a written qualification program. The\nprogram shall include provisions to:\n(c) Allow individuals that are not qualified pursuant to this subpart to\nperform a covered task if directed and observed by an individual that is\nqualified;\nPlains Products Terminals specifies in its OQ manuals that critical tasks such as “Hot\nTapping” need to be performed by qualified individuals only. However, the covered task\nlist shows the ratio of non-qualified staff that can work under qualified individuals\nperforming hot tapping to be “2”. Plains Products Terminals’ OQ procedures do not\naddress this discrepancy on whether non-qualified personnel can be directed and observed\nby a qualified individual during hot tapping.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237.\nEnclosed as part of this Notice is a document entitled Response Options for Pipeline\nOperators in Compliance Proceedings. Please refer to this document and note the\nresponse options. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with\nthe complete original document you must provide a second copy of the document with the\nportions you believe qualify for confidential treatment redacted and an explanation of why\nyou believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a\nwaiver 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\nnotice to you and to issue a Final Order.\n2\n\n\n\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged\nin this Notice, you may be ordered to amend your plans or procedures to correct the\ninadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that\nyou submit your amended procedures to my office within 60 days of receipt of this Notice.\nThis 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\nwill be closed.\nIn correspondence concerning this matter, please refer to CPF 5-2009-0016M and, for\neach document you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 H. Monfared (#125036)\n3","truncated":false,"body_characters":4948}