OP RENO LLC — Notice of Probable Violation

case documentOfficial PDF520126005_NOPV PCO_02292012.pdf#

case documentOfficial PDF520126005_NOPV PCO_02292012_text.pdf#

520126005_Final Order_09202013_text.pdf, page 1Official PDFSEPTEMBER 20, 2013 Mr. John Niemi, Member OP Reno, LLC 540 Maryville Center Dr., Suite 340 St. Louis, MO 63141 Re: CPF 5-2012-6005 Dear Mr. Niemi: Enclosed please find the Final Order issued in the above-referenced case. It makes findings of violation and finds that OP Reno, LLC, has completed the actions specified in the Notice to comply with the pipeline safety regulations. Therefore, this case is now closed. Service of the Final Order by certified mail is deemed effective upon the date of mailing, or as otherwise provided 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, Central Region, OPS CERTIFIED MAIL - RETURN RECEIPT REQUESTED#

520126005_Final Order_09202013_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 ) ) OP Reno, LLC, ) CPF No. 5-2012-6005 ) Respondent. ) ____________________________________) FINAL ORDER On September 13, 2011, pursuant to 49 U.S.C. § 60117, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), conducted an inspection of the Operator Qualification (OQ) Program of OP Reno, LLC (OP Reno or Respondent), in Sparks, Nevada. As a result of the inspection, the Director, Western Region, OPS (Director), issued to Respondent, by letter dated February 29, 2012, a Notice of Probable Violation and Proposed Compliance Order (Notice). In accordance with 49 C.F.R. § 190.207, the Notice proposed finding that OP Reno had violated 49 C.F.R. § 195.505 and proposed ordering Respondent to take certain measures to correct the alleged violation. OP Reno responded to the Notice by letter dated January 25, 2013 (Response). The company did not contest the allegation of violation but provided information concerning the corrective actions it had taken and submitted copies of its OQ Plan. Respondent did not request a hearing and therefore has waived its right to one. FINDING OF VIOLATION In its Response, OP Reno did not contest the allegation in the Notice that it violated 49 C.F.R. Part 195, as follows: Item 1: The Notice alleged that Respondent violated 49 C.F.R. § 195.505, which states: § 195.505 Qualification program. Each operator shall have and follow a written qualification program. The program shall include provisions to:#

520126005_Final Order_09202013_text.pdf, page 32 (a) Identify covered tasks; (b) Ensure through evaluation that individuals performing covered tasks are qualified; (c) Allow individuals that are not qualified pursuant to this subpart to perform a covered task if directed and observed by an individual that is qualified; (d) Evaluate an individual if the operator has reason to believe that the individual's performance of a covered task contributed to an accident as defined in Part 195; (e) Evaluate an individual if the operator has reason to believe that the individual is no longer qualified to perform a covered task; (f) Communicate changes that affect covered tasks to individuals performing those covered tasks; (g) Identify those covered tasks and the intervals at which evaluation of the individual's qualifications is needed; (h) After December 16, 2004, provide training, as appropriate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline facilities; and (i) After December 16, 2004, notify the Administrator or a state agency participating under 49 U.S.C. Chapter 601 if the operator significantly modifies the program after the Administrator or state agency has verified that it complies with this section. The Notice alleged that Respondent violated 49 C.F.R. § 195.505 by failing to have a written operator qualification program at the time of the inspection. Specifically, the Notice alleged that although OP Reno provided copies of personnel training records from 2006 and 2009 which listed some covered tasks, these documents do not constitute an OQ program that meets the criteria in §195.505. Respondent did not contest this allegation of violation. Accordingly, based upon a review of all of the evidence, I find that Respondent violated 49 C.F.R. § 195.505 by failing to have a written operator qualification program at the time of the inspection. 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 violations of 49 C.F.R. § 195.505. Under 49 U.S.C. § 60118(a), each person who engages in the transportation of 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 indicates that Respondent has taken the following actions specified in the proposed compliance order: 1. With respect to the violation of § 195.505 (Item 1), Respondent created and is following a written qualification program. The program includes provisions to:#

520126005_Final Order_09202013_text.pdf, page 43 (a) Identify covered tasks; (b) Ensure through evaluation that individuals performing covered tasks are qualified; (c) Allow individuals that are not qualified pursuant to this subpart to perform a covered task if directed and observed by an individual that is qualified; (d) Evaluate an individual if there is a reason to believe that the individual’s performance of a covered task contributed to an accident as defined in Part 195; (e) Evaluate an individual if there is reason to believe that the individual is no longer qualified to perform a covered task; (f) Communicate changes that affect covered tasks to individuals performing those covered tasks; (g) Identify those covered tasks and the intervals at which evaluation of the individual’s qualifications is needed; (h) Provide training, as appropriate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline facilities; and (i) Notify the Administrator or a state agency participating under 49 U.S. C. Chapter 601 if OP Reno, LLC significantly modifies the program. Accordingly, I find that compliance has been achieved with respect to this violation. Therefore, the compliance terms proposed in the Notice are not included in this Order. The terms and conditions of this Final Order are effective upon service in accordance with 49 C.F.R. § 190.5. ___________________________________ __________________________ Jeffrey D. Wiese Date Issued Associate Administrator for Pipeline Safety#