{"operation":"document","citation":"CPF 520090020W","title":"BIG WEST OF CALIFORNIA, LLC — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2009-07-02","effective_on":null,"summary":"CLOSED warning letter citing 192.465(d), 192.605(a), 192.605(b)(8), 192.745(a), 192.807(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090020w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090020w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520090020w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520090020W","body":"Warning Letter involving BIG WEST OF CALIFORNIA, LLC. PHMSA's enforcement data identifies the cited regulations as 192.465(d),  192.605(a),  192.605(b)(8),  192.745(a),  192.807(b). The case was opened on 2009-07-02 and is reported as closed as of 2009-07-02. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520090020W_warning letter_07022009.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090020W/520090020W_warning%20letter_07022009.pdf\n\n520090020W_warning letter_07022009_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520090020W/520090020W_warning%20letter_07022009_text.pdf\n\n520090020W_warning letter_07022009_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJuly 2, 2009\nMr. Gene Cotton\nVice President of Refinery\nBig West of California, LLC\n6451 Rosedale Highway\nBakersfield, CA 93302-1132\nCPF 5-2009-0020W\nDear Mr. Cotton:\nOn March 24 and 25, 2009, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nBakersfield Gas Line operations in the State of California.\nAs a result of the inspection, it appears that you have committed violations of the Pipeline\nSafety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violations are:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(a) General. Each operator shall prepare and follow for each pipeline, a manual\nof written procedures for conducting operations and maintenance activities and\nfor emergency response. For transmission lines, the manual must also include\nprocedures for handling abnormal operations. This manual must be reviewed\nand updated by the operator at intervals not exceeding 15 months, but at least one\neach calendar year. This manual must be prepared before operations of a\n\n\n\npipeline system commence. Appropriate parts of the manual must be kept at\nlocations where operations and maintenance activities are conducted.\nPer §192.605(a), the Operator must conduct a review and update their Operations and\nMaintenance (O&M) manual at least once each calendar year and at intervals not\nexceeding 15 months. During the inspection, Big West’s record pertaining to\nprocedural manual review was not available for review in year 2007.\n2. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(8) Periodically reviewing the work done by operator personnel to determine the\neffectiveness and adequacy of the procedures used in normal operation and\nmaintenance and modifying the procedure when deficiencies are found.\nPer §192.605(b)(8), the Operator must conduct a review of the work done by their\npersonnel to determine the effectiveness and adequacy of the procedures used in\nnormal O&M and modify the procedure when deficiencies are found. During the\ninspection, Big West’s records pertaining to periodic review by their personnel to\ndetermine the effectiveness and adequacy of the procedures were not available for\nreview in years 2006 and 2007.\n3. §192.745 Valve maintenance: Transmission lines.\n(a) Each transmission line valve that might be required during any emergency\nmust be inspected and partially operated at intervals not exceeding 15 months,\nbut at least once each calendar year.\n(b) Each operator must take prompt remedial action to correct any valve found\ninoperable, unless the operator designates an alternative valve.\nPer §192.745, the Operator must inspect and operate each transmission line valve at\nintervals not exceeding 15 months. During the inspection, Big West’s records\npertaining to the valve inspections for Area #1, and between May 18, 2006 and\nOctober 11, 2007, exceeded the 15-month intervals by 53 days.\n4. §192.465 External corrosion control: Monitoring.\n(d) Each operator shall take prompt remedial action to correct any deficiencies\nindicated by the monitoring.\n2\n\n\n\nPer §192.465, the Operator must take prompt remedial action to correct any\ndeficiencies indicated by the corrosion control program. A close-interval-survey (CIS)\nwas completed between June 16 and June 21, 2008 by your contractor, the Mears\nGroup, Inc. The CIS report identified 6,523 feet of “OFF” potentials that were found to\nbe less negative than -0.850 V. However, Big West did not take timely remedial\nactions to investigate and correct any deficiencies of their cathodic protection (CP)\nprogram. Therefore, Big West failed to take prompt remedial action as required by\n§192.465.\n5. §192.807 Recordkeeping.\nEach operator shall maintain records that demonstrate compliance with this\nsubpart.\n(a) Qualification records shall include:\n(1) Identification of qualified individual(s);\n(2) Identification of the covered tasks the individual is qualified to perform;\n(3) Date(s) of current qualification; and\n(4) Qualification method(s).\n(b) Records supporting an individual’s current qualification shall be maintained\nwhile the individual is performing the covered task. Records of prior\nqualification and records of individuals no longer performing covered tasks shall\nbe retained for a period of five years.\nPer §192.807, the Operator must maintain current qualification records of their\npersonnel performing any covered task. During the record review portion of our\ninspection, there were no documents available to demonstrate that Big West personnel\nare qualified to perform the covered tasks for atmospheric corrosion monitoring\n(§192.481) and patrolling (§192.705). Therefore, Big West failed to maintain the\nqualification records of their personnel as required by §192.807.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$100,000 for each violation for each day the violation persists up to a maximum of $1,000,000\nfor any related series of violations. We have reviewed the circumstances and supporting\ndocuments involved in this case, and have decided not to conduct additional enforcement\naction or penalty assessment proceedings at this time. We advise you to correct the item(s)\nidentified in this letter. Failure to do so will result in Big West being subject to additional\nenforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2009-0020W. 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\n3\n\n\n\nof your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along\nwith the complete original document you must provide a second copy of the document with\nthe portions 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).\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 H. Nguyen (#123242)\n4","truncated":false,"body_characters":7228}