GREKA — Notice of Amendment

party submissionOfficial PDF520130006M_Operator Response_07152013.pdf#

520130006M_notice of amendment_04262013_text.pdf, page 1Official PDFNOTICE OF AMENDMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED April 26, 2013 Mr. Andrew DeVegvar President Greka Energy 2617 E. Clarke Road Santa Maria, CA 93454 CPF 5-2013-0006M Dear Mr. DeVegvar: On November 14, 2012, a representative of the Pipeline and Hazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected Greka Energy’s procedures for their Public Awareness Program in Santa Maria, California. On the basis of the inspection, PHMSA has identified the apparent inadequacies found within Greka Energy’s Public Awareness procedures, as described below: 1. § 192.616 Public awareness (c) The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practicable and not necessary for safety. The Greka Energy Public Awareness Program did not include a statement of management support as required by API RP 1162 Section 2.5. 2. § 192.616 Public awareness (c) The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practicable and not necessary for safety.#

520130006M_notice of amendment_04262013_text.pdf, page 2The Greka Energy Public Awareness Program did not specify a process that specifies the frequency for assessment intervals and an effectiveness evaluation. Response to this Notice This Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.237. Enclosed as part of this Notice is a document entitled Response Options for Pipeline Operators in Compliance Proceedings. Please refer to this document and note the response options. Be advised that all material you submit in response to this enforcement action is subject to being made publicly available. If you believe that any portion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the complete original document you must provide a second copy of the document with the portions you believe qualify for confidential treatment redacted and an explanation of why you believe the redacted information qualifies for confidential treatment under 5 U.S.C. 552(b). If you do not respond within 30 days of receipt of this Notice, this constitutes a waiver of your right to contest the allegations in this Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged in this Notice without further notice to you and to issue a Final Order. If, after opportunity for a hearing, your plans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.237). If you are not contesting this Notice, we propose that you submit your amended procedures to my office within 30 days of receipt of this Notice. This period may be extended by written request for good cause. Once the inadequacies identified herein have been addressed in your amended procedures, this enforcement action will be closed. It is requested (not mandated) that Greka Energy maintain documentation of the safety improvement costs associated with fulfilling this Notice of Amendment procedures and submit the total to Chris Hoidal, Director, Western Region, Pipeline and Hazardous Materials Safety Administration. In correspondence concerning this matter, please refer to CPF 5-2013-0006M and, for each document you submit, please provide a copy in electronic format whenever possible. Sincerely, Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration Enclosure: Response Options for Pipeline Operators in Compliance Proceedings cc: PHP-60 Compliance Registry PHP-500 P. Nguyen (#138737) 2#

520130006M_closure letter_09102013_text.pdf, page 1Official PDFCERTIFIED MAIL - RETURN RECEIPT REQUESTED September 10, 2013 Mr. Andrew DeVegvar President Greka Energy 2617 E. Clarke Road Santa Maria, CA 93454 CPF 5-2013-0006M Dear Mr. DeVegvar: On November 14, 2012, a representative from the Pipeline and Hazardous Materials Safety Administration (PHMSA), pursuant to chapter 601 of 49 United States Code, inspected Greka Energy’s procedures for their Public Awareness Program in Santa Maria, California. As a result of the inspection, Greka Energy was issued a Notice of Amendment on April 26, 2013, which proposed amendment of your procedures. Greka Energy submitted its amended procedures on July 15, 2013. My staff reviewed the amended procedures, and it appears that the inadequacies outlined in this Notice of Amendment have been corrected. This letter is to inform you no further action is necessary and this case is now closed. Thank you for your cooperation. Sincerely, Chris Hoidal Director, Western Region Pipeline and Hazardous Materials Safety Administration Cc: PHP-60 Compliance Registry PHP-500 P. Nguyen (#138737)#