{"operation":"document","citation":"CPF 520125007M","title":"CHEVRON PRODUCTS COMPANY — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2012-04-18","effective_on":null,"summary":"CLOSED notice of amendment citing 195.440.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125007m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125007m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520125007m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520125007M","body":"Notice of Amendment involving CHEVRON PRODUCTS COMPANY. PHMSA's enforcement data identifies the cited regulation as 195.440. The case was opened on 2012-04-18 and is reported as closed as of 2012-08-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520125007M_closure letter_08302012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125007M/520125007M_closure%20letter_08302012.pdf\n\n520125007M_closure letter_08302012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125007M/520125007M_closure%20letter_08302012_text.pdf\n\n520125007M_notice of amendment_04182012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125007M/520125007M_notice%20of%20amendment_04182012.pdf\n\n520125007M_notice of amendment_04182012_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125007M/520125007M_notice%20of%20amendment_04182012_text.pdf\n\n520125007M_operator response_06152012.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520125007M/520125007M_operator%20response_06152012.pdf\n\n520125007M_closure letter_08302012_text.pdf\n\nVIA UPS 2ND DAY AIR: 1ZWR25880291339705\nAugust 30, 2012\nMr. Todd E. Osterberg\nHES Specialist\nChevron Products Company\n913 North Nimitz Highway\nHonolulu, Hawaii 96817\nCPF 5-2012-5007M\nDear Mr. Osterberg:\nOn March 28, 2012, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, conducted an\non-site pipeline safety inspection of Chevron Products Company’s (Chevron) Public\nAwareness Program procedures in Honolulu, Hawaii. As a result of the inspection, Chevron\nwas issued a Notice of Amendment on April 18, 2012, which proposed amendment of your\nprocedures.\nChevron submitted its amended procedures on August 16, 2012. PHMSA has reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of\nAmendment have been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank\nyou for your cooperation.\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#137747)\n\n520125007M_notice of amendment_04182012_text.pdf\n\nNOTICE OF AMENDMENT\nVIA UPS 2ND DAY AIR - 1ZWR25880295576362\nApril 18, 2012\nMr. Todd E. Osterberg\nHES Specialist\nChevron Products Company\n913 North Nimitz Highway\nHonolulu, Hawaii 96817\nCPF 5-2012-5007M\nDear Mr. Osterberg:\nOn March 28, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nChevron Products Company’s (Chevron) procedures and records for its Public Awareness\nProgram in Honolulu, Hawaii.\nOn the basis of that inspection, PHMSA has identified the following apparent inadequacy\nwithin Chevron’s plans and procedures, as described below:\n1. §195.440 Public Awareness\n(a) Each pipeline operator must develop and implement a written continuing\npublic education program that follows the guidance provided in the American\nPetroleum Institute's (API) Recommended Practice (RP) 1162\nThe PHMSA clearinghouse reviewed Chevron’s Public Awareness Program in 2007, but\nsince then Chevron (OPID 2730) incorrectly discontinued their public awareness program for\nPHMSA-regulated facilities. Chevron ceased their Public Awareness Program when the\nHonolulu Marine terminal was no longer considered to be regulated by PHMSA. Chevron’s\nHilo Terminal and Portland Breakout Tank facilities, however, are still regulated by PHMSA\nand must have a Public Awareness Plan.\n\n\n\nChevron must develop and implement a written Public Awareness Program for your Hilo\nTerminal and Portland Breakout Tanks or justify why the program or component thereof is\nnot required.\nChevron’s Public Awareness Program must include the following components as detailed in\n§195.440 (b) through (i), not including (h). Those regulatory requirements are presented\nbelow:\n(b) The operator's program must follow the general program recommendations of API RP\n1162 and assess the unique attributes and characteristics of the operator's pipeline and\nfacilities.\n(c) The operator must follow the general program recommendations, including baseline and\nsupplemental requirements of API RP 1162, unless the operator provides justification in its\nprogram or procedural manual as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for safety.\n(d) The operator's program must specifically include provisions to educate the public,\nappropriate government organizations, and persons engaged in excavation related activities\non:\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 hazardous liquid or\ncarbon dioxide pipeline facility;\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 hazardous liquid or\ncarbon dioxide pipeline release; and\n(5) Procedures to report such an event.\n(e) The program must include activities to advise affected municipalities, school districts,\nbusinesses, and residents of pipeline facility locations.\n(f) The program and the media used must be as comprehensive as necessary to reach all\nareas in which the operator transports hazardous liquid or carbon dioxide.\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 speaking\npopulation in the operator's area\n(i) The operator's program documentation and evaluation results must be available for\nperiodic review by appropriate regulatory agencies.\n2\n\n\n\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed\nas part of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings. Please refer to this document and note the response options. Be\nadvised that all material you submit in response to this enforcement action is subject to being\nmade publicly available. If you believe that any portion of your responsive material qualifies\nfor confidential treatment under 5 U.S.C. 552(b), along with the complete original document\nyou must provide a second copy of the document with the portions you believe qualify for\nconfidential treatment redacted and an explanation of why you believe the redacted\ninformation qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond\nwithin 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the\nallegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to\nfind facts as alleged in this Notice without further notice to you and to issue a Final Order.\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 90 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.\nPlease submit all correspondence in this matter to Dennis Hinnah, Deputy Director, PHMSA\nWestern Region, 188 W. Northern Lights Blvd., Suite 520, Anchorage, AK 99503. Please\nrefer to CPF 5-2012-5007M on each document you submit, and please whenever possible\nprovide a signed PDF copy in electronic format. Smaller files may be emailed to\nDennis.Hinnah@dot.gov. Larger files should be sent on a CD accompanied by the original\npaper copy to the Western Region Alaska Office.\nSincerely,\nDennis Hinnah\nDeputy Director, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 B. Flanders (#137748)\n3","truncated":false,"body_characters":8253}