{"operation":"document","citation":"CPF 520110009W","title":"GREKA — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2011-03-08","effective_on":null,"summary":"CLOSED warning letter citing 192.616(i).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110009w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110009w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520110009w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520110009W","body":"Warning Letter involving GREKA. PHMSA's enforcement data identifies the cited regulation as 192.616(i). The case was opened on 2011-03-08 and is reported as closed as of 2011-03-08. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520110009W_warning letter_03082011.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110009W/520110009W_warning%20letter_03082011.pdf\n\n520110009W_warning letter_03082011_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520110009W/520110009W_warning%20letter_03082011_text.pdf\n\n520110009W_warning letter_03082011_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nMarch 8, 2011\nMs. Susan Whalen\nSenior Vice President\nGreka Energy\nP. O. Box 5489\nSanta Maria, CA 93456\nCPF 5-2011-0009W\nDear Ms. Whalen:\nOn May 8-16, 2008, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected your\nOrcutt Hill to Suey Junction Pipeline System and supporting records in Santa Maria,\nCalifornia.\nAs a result of the inspection, it appears that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The item inspected and\nthe probable violation is:\n1. §192.616 Public awareness.\n(a) Except for an operator of a master meter or petroleum gas system covered\nunder paragraph (j) of this section, each pipeline operator must develop and\nimplement a written continuing public education program that follows the\nguidance provided in the American Petroleum Institute's (API) Recommended\nPractice (RP) 1162 (incorporated by reference, see §192.7).\n(b) The operator's program must follow the general program recommendations\nof API RP 1162 and assess the unique attributes and characteristics of the\noperator's pipeline and facilities.\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\n\n\n\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\n(d) The operator's program must specifically include provisions to educate the\npublic, appropriate government organizations, and persons engaged in excavation\nrelated activities on:\n(1) Use of a one-call notification system prior to excavation and other damage\nprevention activities;\n(2) Possible hazards associated with unintended releases from a gas pipeline\nfacility;\n(3) Physical indications that such a release may have occurred;\n(4) Steps that should be taken for public safety in the event of a gas pipeline\nrelease; and\n(5) Procedures for reporting such an event.\n(e) The program must include activities to advise affected municipalities, school\ndistricts, businesses, and residents of pipeline facility locations.\n(f) The program and the media used must be as comprehensive as necessary to\nreach all areas in which the operator transports gas.\n(g) The program must be conducted in English and in other languages commonly\nunderstood by a significant number and concentration of the non-English\nspeaking population in the operator's area.\n(h) Operators in existence on June 20, 2005, must have completed their written\nprograms no later than June 20, 2006. The operator of a master meter or\npetroleum gas system covered under paragraph (j) of this section must complete\ndevelopment of its written procedure by June 13, 2008. Upon request, operators\nmust submit their completed programs to PHMSA or, in the case of an intrastate\npipeline facility operator, the appropriate State agency.\n(i) The operator's program documentation and evaluation results must be\navailable for periodic review by appropriate regulatory agencies.\n(j) Unless the operator transports gas as a primary activity, the operator of a\nmaster meter or petroleum gas system is not required to develop a public\nawareness program as prescribed in paragraphs (a) through (g) of this section.\nInstead the operator must develop and implement a written procedure to provide\nits customers public awareness messages twice annually. If the master meter or\npetroleum gas system is located on property the operator does not control, the\noperator must provide similar messages twice annually to persons controlling the\nproperty. The public awareness message must include:\n(1) A description of the purpose and reliability of the pipeline;\n(2) An overview of the hazards of the pipeline and prevention measures used;\n(3) Information about damage prevention;\n(4) How to recognize and respond to a leak; and\n(5) How to get additional information.\nAt the time of inspection, the Public Awareness procedure(s) and record(s) were not available\nfor review by the PHMSA inspector. Therefore, Greka failed to comply with a requirement of\nPart 192.616(i).\n2\n\n\n\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 Greka Energy 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 5-2011-0009W. 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\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 J. Kenerson (#120694)\n3","truncated":false,"body_characters":6324}