{"operation":"document","citation":"CPF 520180003M","title":"PLAINS MARKETING, L.P. — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2018-01-25","effective_on":null,"summary":"CLOSED notice of amendment citing 192.605(b)(2).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520180003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520180003M","body":"Notice of Amendment involving PLAINS MARKETING, L.P.. PHMSA's enforcement data identifies the cited regulation as 192.605(b)(2). The case was opened on 2018-01-25 and is reported as closed as of 2018-04-12. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520180003M_Closure Letter_04122018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180003M/520180003M_Closure%20Letter_04122018.pdf\n\n520180003M_Closure Letter_04122018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180003M/520180003M_Closure%20Letter_04122018_text.pdf\n\n520180003M_Notice of Amendment_01252018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180003M/520180003M_Notice%20of%20Amendment_01252018.pdf\n\n520180003M_Notice of Amendment_01252018_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180003M/520180003M_Notice%20of%20Amendment_01252018_text.pdf\n\n520180003M_Operator Response to Notice and Request for Time Extension_02212018.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520180003M/520180003M_Operator%20Response%20to%20Notice%20and%20Request%20for%20Time%20Extension_02212018.pdf\n\n520180003M_Closure Letter_04122018_text.pdf\n\nCERTIFIED MAIL – RETURN RECEIPT REQUESTED\nApril 12, 2018\nMr. Greg Armstrong\nChairman and CEO\nPlains All American Pipeline, LP\n333 Clay Street, Suite 1600\nHouston, Texas 77002\nRE: CPF 5-2018-0003M\nClosure Letter\nDear Mr. Armstrong:\nOn several occasions between July 31, 2017 and August 3, 2017, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA), Office of Pipeline Safety (OPS), pursuant to\nChapter 601 of 49 United States Code, inspected Plains Marketing, L.P.’s, a subsidiary of Plains All\nAmerican Pipeline, LP, (Plains) 6-inch gas distribution pipeline system that serves Martinez Terminal\nin Concord, California. As a result of the inspection, Plains was issued a Notice of Amendment\n(Notice) on January 25, 2018 which proposed amendment of your procedures.\nOn February 21, 2018, Plains responded to the Notice and informed PHMSA that Plains no longer\nowns and operates the pipeline.\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\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 M. Garcia (#156584)\nPamela Cannon, DOT Compliance Coordinator, TransMontaigne Operating Company LP. 200\nMansell Court East, Suite 600 Roswell, GA. 30076\n\n520180003M_Notice of Amendment_01252018_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJanuary 25, 2018\nMr. Greg Armstrong\nChairman and CEO\nPlains All American Pipeline, LP\n333 Clay Street, Suite 1600\nHouston, Texas 77002\nCPF 5-2018-0003M\nDear Mr. Armstrong:\nOn several occasions between July 31, 2017 and August 3, 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 Plains Marketing, L.P.’s,\na subsidiary of Plains All American Pipeline, LP, (Plains) 6-inch gas distribution pipeline\nsystem that serves Martinez Terminal in Concord, California.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nPlains’ plans or procedures, as described below:\n1. §192.605 Procedural manual for operations, maintenance, and emergencies.\n(b) Maintenance and normal operations. The manual required by paragraph (a)\nof this section must include procedures for the following, if applicable, to provide\nsafety during maintenance and operations.\n(2) Controlling corrosion in accordance with the operations and maintenance\nrequirements of subpart I of this part.\n\n\n\nPlains’ procedure entitled “Internal Corrosion”1 is inadequate because it does not have a\nprocess for investigating the internal corrosive effect of the gas on the pipeline pursuant to 49\nC.F.R., Subpart I, § 192.475(a). Section 1.2 of this procedure states that “[b]ecause the\nMartinez pipeline only transports non-corrosive fuel gas, internal corrosion monitoring of this\npipeline is not performed.” As a result, at the time of the inspection, Plains could not\nproduce records or other substantiating evidence to demonstrate that it had investigated the\ncorrosive effect of the gas on its pipeline. Instead, Plains stated that it relies on the written\nstatement from Pacific Gas and Electric Company (PG&E) that the gas supplied by PG&E is\nnon-corrosive, and PG&E’s “Gas Rule No. 21” that limits corrosive compounds in its gas.2\nAfter the inspection, at the request of PHMSA, Plains provided PHMSA with documentation\nof the gas analysis conducted by PG&E. These records, however, are not collected or\nreviewed by Plains. As a result, Plains does not have its own process for investigating the\ninternal corrosive effect of gas on its pipeline. Plains must revise its procedures to include an\nadequate process for how it will: (1) collect the gas analysis records from PG&E and how\noften; (2) who will review the results; (3) the qualification of person(s) who will be reviewing\nthe gas analysis records received from PG&E; (4) criteria for pass and fail; and (5) what steps\nwill be taken if the gas analysis is found not meeting the specified criteria.\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. §\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.\n1 Exhibit D to Violation Report.\n2 Exhibit C to Violation Report.\n2\n\n\n\nIt is requested (not mandated) that Plains maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Kim West Acting Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2018-0003M and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nKim West\nActing Director, Western Region\nPipeline and Hazardous Materials Safety Administration\nEnclosures: Response Options for Pipeline Operators in Compliance Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 M. Garcia (#156584)\n3","truncated":false,"body_characters":7976}