{"operation":"document","citation":"CPF 520177003M","title":"PACIFIC OPERATORS OFFSHORE — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-10-03","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.440(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520177003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520177003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520177003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520177003M","body":"Notice of Amendment involving PACIFIC OPERATORS OFFSHORE. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.440(a). The case was opened on 2017-10-03 and is reported as closed as of 2018-03-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520177003M_Closure Letter_03122018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520177003M/520177003M_Closure%20Letter_03122018.pdf\n\n520177003M_Closure Letter_03122018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520177003M/520177003M_Closure%20Letter_03122018_text.pdf\n\n520177003M_Notice Of Amendment_10032017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520177003M/520177003M_Notice%20Of%20Amendment_10032017.pdf\n\n520177003M_Notice Of Amendment_10032017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520177003M/520177003M_Notice%20Of%20Amendment_10032017_text.pdf\n\n520177003M_Operator Response To Notice_10052017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520177003M/520177003M_Operator%20Response%20To%20Notice_10052017.pdf\n\n520177003M_Closure Letter_03122018_text.pdf\n\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nMarch 12, 2018\nMr. Clement M. Alberts\nEnvironmental Coordinator\nPacific Operators Offshore LLC\n1145 Eugenia Pl., Ste. 200\nCarpinteria, CA 93013\nRE: CPF 5-2017-7003M\nClosure Letter\nDear Mr. Alberts:\nOn several occasions between February 14, 2017 and April 14, 2017, a representative of the Pipeline\nand Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant\nto Chapter 601 of 49 United States Code, inspected the Pacific Operators Offshore LLC (PACOPS)’s\nOperations and Maintenance (O&M) procedures in La Conchita, California. As a result of the\ninspection, PACOPS was issued a Notice of Amendment on October 3, 2017 which proposed\namendment of your procedures.\nDocuments submitted by PACOPS on August 9th, 2017 and October 5th, 2017 to PHMSA had been\nreviewed by my staff and determined that PACOPS has now fully complied with all the remedial\nrequirements set forth in the NOA.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for\nyour cooperation.\nSincerely,\nKim West\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Garcia (#155277)\n\n520177003M_Notice Of Amendment_10032017_text.pdf\n\nNOTICE OF AMENDMENT\nVIA FED EX – TRACKING NO. 7704 0317 3438\nOctober 3, 2017\nMr. Bruce E. Johnston\nPacific Operators Offshore LLC\nVice President, Operations Superintendent\n1145 Eugenia Pl., Ste. 200\nCarpinteria, CA 93013\nCPF 5-2017-7003M\nDear Mr. Johnston:\nOn several occasions between February 14, 2017 and April 14, 2017, a representative of the\nPipeline and Hazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety\n(OPS), pursuant to Chapter 601 of 49 United States Code, inspected the Pacific Operators\nOffshore LLC (POOLLC)’s Operations and Maintenance (O&M) procedures in La Conchita,\nCalifornia.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nPOOLLC’s plans or procedures, as described below:\n1. §195.402 Procedural manual for operations, maintenance, and emergencies.\n(c) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(3) Operating, maintaining, and repairing the pipeline system in accordance with\neach of the requirements of this subpart and subpart H of this part.\n\n\n\nPOOLLC’s Procedure #14.01, Valve Security, is inadequate in which it did not contain\nadequate procedures for providing protection at other exposed facility in accordance with 49\nC.F.R. §195.436. POOLLC must revise its procedure to include scraper traps to be protected\nfrom vandalism and unauthorized entry.\n2. §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 (incorporated by\nreference, see §195.3).\nPOOLLC’s Public Awareness Plan is inadequate in which it did not address a description of\nthe roles and responsibilities of personnel administering the program and identification of key\npersonnel and their titles (including senior management responsible for the implementation,\ndelivery and ongoing development of the program) pursuant to API RP 1162, Section 7.1 (b)\nand (c).\nPOOLLC must revise its procedure to include the following items:\n(a) An individual manager position identified and staffed with an individual having\nresponsibility to administer the program,\n(b) Adequate resources are provided (personnel, funding) to implement the program,\n(c) Adequate number of employees involved with implementing the program,\n(d) Individual supporting roles are defined, and\n(e) External support resources for program implementation or evaluation the operator\nuses are defined.\nResponse to this Notice\nThis Notice is provided pursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206. 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).\nFollowing the receipt of this Notice, you have 30 days to submit written comments, revised\nprocedures, or a request for a hearing under §190.211. If you do not respond within 30 days\nof receipt of this Notice, this constitutes a waiver of your right to contest the allegations in\nthis Notice and authorizes the Associate Administrator for Pipeline Safety to find facts as\nalleged in this Notice without further notice to you and to issue an Order Directing\nAmendment. If your plans or procedures are found inadequate as alleged in this Notice, you\nmay be ordered to amend your plans or procedures to correct the inadequacies (49 C.F.R. §\n2\n\n\n\n190.206). If you are not contesting this Notice, we propose that you submit your amended\nprocedures to my office within 60 days of receipt of this Notice. This period may be extended\nby written request for good cause. Once the inadequacies identified herein have been\naddressed in your amended procedures, this enforcement action will be closed.\nIt is requested (not mandated) that the Pacific Operators Offshore LLC maintain\ndocumentation of the safety improvement costs associated with fulfilling this Notice of\nAmendment (preparation/revision of plans, procedures) and submit the total to Huy Nguyen,\nActing Director, Western Region, Pipeline and Hazardous Materials Safety Administration. In\ncorrespondence concerning this matter, please refer to CPF 5-2017-7003M and, for each\ndocument you submit, please provide a copy in electronic format whenever possible.\nSincerely,\nHuy Nguyen\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Garcia (#155277)\nEnclosure: Response Options for Pipeline Operators in Compliance Proceedings\n3","truncated":false,"body_characters":7699}