{"operation":"document","citation":"CPF 520170019","title":"LONG BEACH GAS DEPT, CITY OF — Notice of Probable Violation","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-09-22","effective_on":null,"summary":"CLOSED notice of probable violation citing 192.1005, 192.479(a), 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520170019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520170019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520170019","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520170019","body":"Notice of Probable Violation involving LONG BEACH GAS DEPT, CITY OF. PHMSA's enforcement data identifies the cited regulations as 192.1005,  192.479(a),  192.616(c). The case was opened on 2017-09-22 and is reported as closed as of 2018-06-22. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520170019_Final Order_06222018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170019/520170019_Final%20Order_06222018.pdf\n\n520170019_Final Order_06222018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170019/520170019_Final%20Order_06222018_text.pdf\n\n520170019_NOPV PCO_09222017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170019/520170019_NOPV%20PCO_09222017.pdf\n\n520170019_NOPV PCO_09222017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170019/520170019_NOPV%20PCO_09222017_text.pdf\n\n520170019_Operator Response to Notice_10182017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520170019/520170019_Operator%20Response%20to%20Notice_10182017.pdf\n\n520170019_Final Order_06222018_text.pdf\n\nJune 22, 2018\nMr. Patrick H. West\nCity Manager\nCity of Long Beach\n333 West Ocean Boulevard\nLong Beach, CA 90802\nRe: CPF No. 5-2017-0019\nDear Mr. West:\nEnclosed please find the Final Order issued in the above-referenced case. It makes a finding of\nviolation and finds that the City of Long Beach’s Gas & Oil Department has completed the\nactions specified in the Notice to comply with the pipeline safety regulations. Therefore, this\ncase is now closed. Service of the Final Order by certified mail is effective upon the date of\nmailing, as provided under 49 C.F.R. § 190.5.\nThank you for your cooperation in this matter.\nSincerely,\nAlan K. Mayberry\nAssociate Administrator\nfor Pipeline Safety\nEnclosure\ncc: Ms. Kim West, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Robert Dowell, Director, City of Long Beach Oil and Gas Department\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\n____________________________________\nIn the Matter of )\nCity of Long Beach, California, ) CPF No. 5-2017-0019\na municipal corporation, )\n)\n)\n)\nRespondent. )\n____________________________________)\nFINAL ORDER\nOn September 14-18, 2015 and March 13-22, 2017, pursuant to 49 U.S.C. § 60117,\nrepresentatives of the Pipeline and Hazardous Materials Safety Administration (PHMSA), Office\nof Pipeline Safety (OPS), conducted an on-site pipeline safety inspection of the facilities and\nrecords of City of Long Beach’s Gas & Oil Department (LBGO or Respondent) in Long Beach,\nCalifornia. LBGO is the natural gas utility of the City of Long Beach that provides gas\ndistribution service to approximately 500,000 residents and businesses in the cities of Long\nBeach and Signal Hill through more than 1,800 miles of pipelines.1\nAs a result of the inspection, the Director, Western Region, OPS (Director), issued to\nRespondent, by letter dated September 22, 2017, a Notice of Probable Violation and Proposed\nCompliance Order (Notice), which also included a warning pursuant to 49 C.F.R. § 190.205. In\naccordance with 49 C.F.R. § 190.207, the Notice proposed finding that LBGO had violated\n49 C.F.R. § 192.1005, and proposed ordering Respondent to take certain measures to correct the\nalleged violation. The warning items required no further action, but warned the operator to\ncorrect the probable violations or face possible future enforcement action.\nRespondent responded to the Notice by letter dated October 18, 2017 (Response). The LBGO\ndid not contest the allegation of violation but agreed to complete the proposed compliance\nactions. Respondent did not request a hearing and therefore has waived its right to one.\nFINDING OF VIOLATION\nIn its Response, LBGO did not contest the allegation in the Notice that it violated 49 C.F.R. Part\n192, as follows:\n1 See http://www.longbeach.gov/lbgo/ (last accessed January 12, 2018).\n\n\n\nCPF No. 5-2017-0019\nPage 2\nItem 1: The Notice alleged that Respondent violated 49 C.F.R. § 192.1005, which states:\n§ 192.1005 What must a gas distribution operator (other than a master\nmeter or small LPG operator) do to implement this subpart?\nNo later than August 2, 2011 a gas distribution operator must develop\nand implement an integrity management program that includes a written\nintegrity management plan as specified in § 192.1007.\nThe Notice alleged that Respondent violated 49 C.F.R. § 192.1005 by failing to fully implement\nits integrity management program that includes a written integrity management plan, as specified\nin § 192.1007. Specifically, the Notice alleged that LBGO failed to implement Section 8 of its\nown Distribution Integrity Management Plan (DIMP) that covered the required elements of\n§ 192.1007(e) and (f). According to the Notice, Section 8 required LBGO to measure\nperformance, monitor results, and evaluate the effectiveness of its DIMP. LBGO was allegedly\nunable to produce records demonstrating that DIMP data was used to measure performance,\nmonitor results or evaluate the effectiveness of its IM program. The Notice further alleged that\nSection 8 required periodic evaluation and improvement pursuant to § 192.1007(f), but LBGO\ncould not demonstrate completion of this re-evaluation in accordance within the mandatory five-\nyear cycle.\nRespondent did not contest this allegation of violation. Accordingly, based upon a review of all\nof the evidence, I find that Respondent violated 49 C.F.R. § 192.1005 by failing to fully\nimplement its integrity management program in accordance with § 192.1007.\nCOMPLIANCE ORDER\nThe Notice proposed a compliance order with respect to Item 1 in the Notice for violation of\n49 C.F.R. § 192.1005. Under 49 U.S.C. § 60118(a), each person who engages in the\ntransportation of gas or who owns or operates a pipeline facility is required to comply with the\napplicable safety standards established under chapter 601. In an April 12, 2018 Revised Region\nRecommendation, the Director indicated that Respondent had taken the following actions\nspecified in the proposed compliance order:\n1. With respect to the violation of § 192.1005 (Item 1), Respondent provided the\nRegion with information showing that it had implemented the requirements of §§\n192.1007 (e) and (f) in accordance with its DIMP, Section 8, including conducting its\n5-year comprehensive review of the plan required.\nAccordingly, I find that compliance has been achieved with respect to this violation. Therefore,\nthe compliance terms proposed in the Notice are not included in this Order.\n\n\n\nCPF No. 5-2017-0019\nPage 3\nWARNING ITEMS\nWith respect to Items 2 and 3, the Notice alleged probable violations of Part 192 but did not\npropose a civil penalty or compliance order for these items. Therefore, these are considered to\nbe warning items. The warnings were for:\n49 C.F.R. § 192.616 (Item 2) ─ Respondent’s alleged failure to follow the\ngeneral program recommendations of API RP 1162, \"Public Awareness Programs\nfor Pipeline Operators,\" and failing to provide a justification as to why\ncompliance was not practicable and not necessary for safety; and\n49 C.F.R. § 192.479 (Item 3) ─ Respondent’s alleged failure to clean and coat\neach pipeline or portion of pipeline that is exposed to the atmosphere at their\nfacilities.\nIf OPS finds a violation of any of these items in a subsequent inspection, Respondent may be\nsubject to future enforcement action.\nUnder 49 C.F.R. § 190.243, Respondent may submit a Petition for Reconsideration of this Final\nOrder to the Associate Administrator, Office of Pipeline Safety, PHMSA, 1200 New Jersey\nAvenue, SE, East Building, 2nd Floor, Washington, DC 20590, with a copy sent to the Office of\nChief Counsel, PHMSA, at the same address, no later than 20 days after receipt of service of this\nFinal Order by Respondent. Any petition submitted must contain a statement of the issue(s) and\nmeet all other requirements of 49 C.F.R. § 190.243. The terms of the order, including corrective\naction, remain in effect unless the Associate Administrator, upon request, grants a stay.\nThe terms and conditions of this Final Order are effective upon service in accordance with\n49 C.F.R. § 190.5.\nJune 22, 2018\n___________________________________ __________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":8461}