{"operation":"document","citation":"CPF 520130006M","title":"GREKA — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2013-04-26","effective_on":null,"summary":"CLOSED notice of amendment citing 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130006m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130006m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520130006m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520130006M","body":"Notice of Amendment involving GREKA. PHMSA's enforcement data identifies the cited regulation as 192.616(c). The case was opened on 2013-04-26 and is reported as closed as of 2013-09-10. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520130006M_closure letter_09102013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130006M/520130006M_closure%20letter_09102013.pdf\n\n520130006M_closure letter_09102013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130006M/520130006M_closure%20letter_09102013_text.pdf\n\n520130006M_notice of amendment_04262013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130006M/520130006M_notice%20of%20amendment_04262013.pdf\n\n520130006M_notice of amendment_04262013_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130006M/520130006M_notice%20of%20amendment_04262013_text.pdf\n\n520130006M_Operator Response_07152013.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520130006M/520130006M_Operator%20Response_07152013.pdf\n\n520130006M_notice of amendment_04262013_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nApril 26, 2013\nMr. Andrew DeVegvar\nPresident\nGreka Energy\n2617 E. Clarke Road\nSanta Maria, CA 93454\nCPF 5-2013-0006M\nDear Mr. DeVegvar:\nOn November 14, 2012, a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Greka\nEnergy’s procedures for their Public Awareness Program in Santa Maria, California.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within Greka\nEnergy’s Public Awareness procedures, as described below:\n1. § 192.616 Public awareness\n(c) The operator must follow the general program recommendations, including baseline\nand supplemental requirements of API RP 1162, unless the operator provides justification\nin its program or procedural manual as to why compliance with all or certain provisions of\nthe recommended practice is not practicable and not necessary for safety.\nThe Greka Energy Public Awareness Program did not include a statement of management support as\nrequired by API RP 1162 Section 2.5.\n2. § 192.616 Public awareness\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\n\n\nThe Greka Energy Public Awareness Program did not specify a process that specifies the frequency\nfor assessment intervals and an effectiveness evaluation.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part\nof this Notice is a document entitled Response Options for Pipeline Operators in Compliance\nProceedings. Please refer to this document and note the response options. Be advised that all\nmaterial you submit in response to this enforcement action is subject to being made publicly\navailable. If you believe that any portion of your responsive material qualifies for confidential\ntreatment under 5 U.S.C. 552(b), along with the complete original document you must provide a\nsecond copy of the document with the portions you believe qualify for confidential treatment\nredacted and an explanation of why you believe the redacted information qualifies for confidential\ntreatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this\nconstitutes a waiver 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 notice to you\nand to issue a Final Order.\nIf, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this\nNotice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R.\n§ 190.237). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 30 days of receipt of this Notice. This period may be extended by\nwritten request for good cause. Once the inadequacies identified herein have been addressed in your\namended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that Greka Energy maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment procedures and submit the total to Chris\nHoidal, Director, Western Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 5-2013-0006M and, for each document\nyou 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 P. Nguyen (#138737)\n2\n\n520130006M_closure letter_09102013_text.pdf\n\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 10, 2013\nMr. Andrew DeVegvar\nPresident\nGreka Energy\n2617 E. Clarke Road\nSanta Maria, CA 93454\nCPF 5-2013-0006M\nDear Mr. DeVegvar:\nOn November 14, 2012, a representative from the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to chapter 601 of 49 United States Code, inspected Greka\nEnergy’s procedures for their Public Awareness Program in Santa Maria, California. As a result\nof the inspection, Greka Energy was issued a Notice of Amendment on April 26, 2013, which\nproposed amendment of your procedures.\nGreka Energy submitted its amended procedures on July 15, 2013. My staff reviewed the\namended procedures, and it appears that the inadequacies outlined in this Notice of Amendment\nhave been corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you\nfor your cooperation.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\nCc: PHP-60 Compliance Registry\nPHP-500 P. Nguyen (#138737)","truncated":false,"body_characters":6249}