{"operation":"document","citation":"CPF 520196003M","title":"OP RENO LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2019-09-18","effective_on":null,"summary":"CLOSED notice of amendment citing 195.402(c)(3), 195.403(a)(1), 195.403(b).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196003m.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196003m.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520196003m","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520196003M","body":"Notice of Amendment involving OP RENO LLC. PHMSA's enforcement data identifies the cited regulations as 195.402(c)(3),  195.403(a)(1),  195.403(b). The case was opened on 2019-09-18 and is reported as closed as of 2020-05-21. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520196003M_Closure Letter_05212020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196003M/520196003M_Closure%20Letter_05212020.pdf\n\n520196003M_Closure Letter_05212020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196003M/520196003M_Closure%20Letter_05212020_text.pdf\n\n520196003M_Notice of Amendment_09182019.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196003M/520196003M_Notice%20of%20Amendment_09182019.pdf\n\n520196003M_Notice of Amendment_09182019_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196003M/520196003M_Notice%20of%20Amendment_09182019_text.pdf\n\n520196003M_Operator Response to Notice_03112020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196003M/520196003M_Operator%20Response%20to%20Notice_03112020.pdf\n\n520196003M_Order Directing Amendment_04062020.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196003M/520196003M_Order%20Directing%20Amendment_04062020.pdf\n\n520196003M_Order Directing Amendment_04062020_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520196003M/520196003M_Order%20Directing%20Amendment_04062020_text.pdf\n\n520196003M_Notice of Amendment_09182019_text.pdf\n\nNOTICE OF AMENDMENT\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nSeptember 18, 2019\nMr. John Niemi\nCompliance Manager\nOP Reno, LLC\n1331 Christine Avenue, Suite 100\nSaint Louis, MO 63131\nCPF 5-2019-6003M\nDear Mr. Niemi:\nOn November 13 through 15, 2018, a representative of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA), pursuant to Chapter 601 of 49 United States Code, inspected\nOP Reno, LLC’s procedures for the breakout tank facility in Sparks, Nevada.\nOn the basis of the inspection, PHMSA has identified the apparent inadequacies found within\nOP Reno, LLC’s plans or procedures, as described below:\n1. § 195.402 Procedural manual for operations, maintenance, and emergencies.\n(a) . . .\n(c) Maintenance and normal operations. The manual required by paragraph (a) of\nthis section must include procedures for the following to provide safety during\nmaintenance and normal operations:\n(1) …\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\nOPReno Sparks Terminal OM&E manual contains incomplete procedures for operating,\nmaintaining and repairing the pipeline system in accordance with each of the requirements of\nSubpart F. Specifically, §195.405(b) requires that, after October 2, 2000, operators must\nreview and consider the potentially hazardous conditions, safety practices, and procedures in\nAPI Pub 2026 (incorporated by reference, see §195.3) for inclusion in their procedure\nmanuals. OP Reno’s Procedure PMP-SPK-01, Section 4 – Tank Inspection states in part that a\nvisual tank inspection of all aboveground tanks at the facility shall occur on a monthly basis.\nHowever, the procedure does not contain any instructions on completing the roof seal\ninspection, inspection criteria concerning the floating roof seal or safety considerations\ninvolved in conducting the floating roof seal inspection.\n2. § 195.403 Emergency response training.\n(a) Each operator shall establish and conduct a continuing training program to\ninstruct emergency response personnel to:\n(1) Carry out the emergency procedures established under 195.402 that relate to\ntheir assignments;\n(2) …\nThe OPReno Sparks Terminal Emergency Response Plan, Section 6.4 relies on other sections\nof the plan (i.e. 6.2 – Part194, 6.3 – OSHA) without directing the reader to those sections.\n3. § 195.403 Emergency response training.\n(a) . . .\n(b) At the intervals not exceeding 15 months, but at least once each calendar year,\neach operator shall:\n(1) Review with personnel their performance in meeting the objectives of the\nemergency response training program set forth in paragraph (a) of this section;\nand\n(2) Make appropriate changes to the emergency response training program as\nnecessary to ensure that it is effective.\nThe OPReno Sparks Terminal Emergency Response Plan, Section 6.4 states in part that\nappropriate training shall be conducted for each employee on an annual basis. However,\n§195.403(b) requires training at intervals not exceeding 15 months, but at least once each\ncalendar year.\n2\n\n\n\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 of\nreceipt of this Notice, this constitutes a waiver of your right to contest the allegations in this\nNotice and authorizes the Associate Administrator for Pipeline Safety to find facts as alleged\nin this Notice without further notice to you and to issue an Order Directing Amendment. If\nyour plans or procedures are found inadequate as alleged in this Notice, you may be ordered to\namend your plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are\nnot contesting this Notice, we propose that you submit your amended procedures to my office\nwithin 60 days of receipt of this Notice. This period may be extended by written request for\ngood cause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that OP Reno, LLC maintain documentation of the safety\nimprovement costs associated with fulfilling this Notice of Amendment (preparation/revision\nof plans, procedures) and submit the total to Dustin Hubbard, Director, Western Region,\nPipeline and Hazardous Materials Safety Administration. In correspondence concerning this\nmatter, please refer to CPF 5-2019-6003M and, for each document you submit, please provide\na copy in electronic format whenever possible.\nSincerely,\nDustin Hubbard\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 J. Dunphy (#162143)\n3\n\n520196003M_Closure Letter_05212020_text.pdf\n\nVIA E-MAIL TO MR. JOHN NIEMI\nMay 21, 2020\nMr. John Niemi\nMember and Compliance Manager\nOmega Partners, LLC\n16647 Chesterfield Grove Road, Suite 200\nSt. Louis, Missouri 63005\nCPF 5-2019-6002 & 5-2019-6003M\nClosure Letter\nDear Mr. Niemi:\nOn April 6 & 7, 2020 respectively, the Pipeline and Hazardous Materials Safety Administration\n(PHMSA) issued to Omega Partners, LLC (Omega), the parent company for OP Reno LLC, an Order\nDirecting Amendment for CPF 5-2019-6003M and a Final Order for CPF 5-2019-6002.\nThe Final Order for CPF 5-2019-6002 included a Compliance Order. Based on our review of the\ndocumentation you provided, it has been determined that you have complied with the terms of this Order.\nThe Order Directing Amendment for CPF 5-2019-6003M included a requirement to amend your\nprocedures. Based on our review of the documentation you provided, it has been determined that you\nhave complied with the terms of this Order.\nAccordingly, CPF 5-2019-6002 and CPF 5-2019-6003M are now closed and no further action is\ncontemplated with respect to the matters involved in these cases. Thank you for your cooperation in this\nmatter.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#162143)\n\n520196003M_Order Directing Amendment_04062020_text.pdf\n\nVIA EMAIL TO: john@omegapartnersllc.com, kmurphy@omegapartnersllc.com, and\nlwright@omegapartnersllc.com\nMr. John Niemi\nMember and Compliance Manager\nOmega Partners, LLC\n16647 Chesterfield Grove Road, Suite 200\nSt. Louis, Missouri 63005\nRe: CPF No. 5-2019-6003M\nDear Mr. Niemi:\nEnclosed please find the Order Directing Amendment issued in the above-referenced case. It\nmakes findings of inadequate procedures against your subsidiary, OP Reno, LLC, and requires\ncertain amendments to assure safe operation. When the amendment of procedures has been\ncompleted, as determined by the Director, Western Region, this enforcement action will be\nclosed. Service of the Order Directing Amendment by e-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\nEnclosures (Order Directing Amendment and Notice of Amendment)\ncc: Mr. Dustin Hubbard, Director, Western Region, Office of Pipeline Safety, PHMSA\nMr. Kameron Murphy, General Counsel, OP Reno, LLC\nMr. Larry Wright, Manager – Terminal Operations, OP Reno, LLC\nVIA EMAIL – CONFIRMATION OF RECEIPT REQUESTED\n\n\n\nU.S. DEPARTMENT OF TRANSPORTATION\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nOFFICE OF PIPELINE SAFETY\nWASHINGTON, D.C. 20590\nIn the Matter of )\nOP Reno, LLC, ) CPF No. 5-2019-6003M\na subsidiary of Omega Partners, LLC, )\nRespondent. )\n)\n)\n)\n)\nORDER DIRECTING AMENDMENT\nOn September 18, 2019, pursuant to 49 C.F.R. § 190.206, the Director, Western Region, Office\nof Pipeline Safety (OPS), issued a Notice of Amendment (Notice) to OP Reno, LLC\n(Respondent).1 The Notice proposed finding that Respondent’s written procedures were\ninadequate to assure safe operation of a pipeline facility and proposed certain amendments to\naddress the inadequacies. Respondent did not contest the allegations or proposed amendments.\nBased upon a review of all of the evidence, pursuant to § 190.206, I find Respondent’s\nprocedures were inadequate with respect to the issues listed below, as more fully described in the\nenclosed Notice, which is incorporated by reference:\n49 C.F.R. § 195.402(c)(3) (Item 1) ─ Respondent’s operations and maintenance manual\ncontains incomplete procedures for operating, maintaining and repairing the pipeline\nsystem in accordance with each of the requirements of Subpart F.\n49 C.F.R. § 195.403(a)(1) (Item 2) ─ Respondent’s Terminal Emergency Response Plan,\nSection 6.4, relies on other sections of the plan without directing the reader to those\nsections.\n49 C.F.R. § 195.403(b) (Item 3) ─ Respondent’s Terminal Emergency Response Plan,\nSection 6.4, states in part that appropriate training shall be conducted for each employee\non an annual basis. In contrast, § 195.403(b) requires training at intervals not exceeding\n15 months, but at least once each calendar year.\n1 OP Reno, LLC, is a subsidiary of Omega Partners, LLC. Omega Partners, LLC, website, available at\nhttps://omegapartnersllc.com/ (last accessed March 10, 2020); Omega Partners III filing with Missouri Secretary of\nState, available at\nhttps://bsd.sos.mo.gov/Common/CorrespondenceItemViewHandler.ashx?IsTIFF=true&filedDocumentid=4611165&\nversion=1 (April 15, 2019).\n\n\n\nCPF No. 5-2019-6003M\nPage 2\nPursuant to 49 U.S.C. § 60108(a) and 49 C.F.R. § 190.206, Respondent is ordered to take the\nactions proposed in the enclosed Notice to correct the inadequacies. The Director may grant an\nextension of time to comply with any of the required items upon a written request timely\nsubmitted by the Respondent and demonstrating good cause for an extension. Upon completion\nof ordered actions, Respondent may request that the Director close the case. Failure to comply\nwith this Order may result in the assessment of civil penalties under 49 C.F.R. § 190.223 or in\nreferral to the Attorney General for appropriate relief in a district court of the United States.\nThe terms and conditions of this order are effective upon service in accordance with 49 C.F.R.\n§ 190.5.\nApril 6, 2020\n___________________________________ _________________________\nAlan K. Mayberry Date Issued\nAssociate Administrator\nfor Pipeline Safety","truncated":false,"body_characters":12755}