{"operation":"document","citation":"CPF 52021047NOA","title":"PHILLIPS 66 PIPELINE LLC — Notice of Amendment","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2021-09-17","effective_on":null,"summary":"CLOSED notice of amendment citing 195.446(b)(4), 195.446(b)(5), 195.446(e)(1), 195.446(e)(4), 195.446(h), 195.446(h)(6).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021047noa.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021047noa.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-52021047noa","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/52021047NOA","body":"Notice of Amendment involving PHILLIPS 66 PIPELINE LLC. PHMSA's enforcement data identifies the cited regulations as 195.446(b)(4),  195.446(b)(5),  195.446(e)(1),  195.446(e)(4),  195.446(h),  195.446(h)(6). The case was opened on 2021-09-17 and is reported as closed as of 2021-12-14. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n52021047NOA_Closure Letter_12142021_(21-202104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021047NOA/52021047NOA_Closure%20Letter_12142021_(21-202104).pdf\n\n52021047NOA_Closure Letter_12142021_(21-202104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021047NOA/52021047NOA_Closure%20Letter_12142021_(21-202104)_text.pdf\n\n52021047NOA_Notice of Amendment_09172021_(21-202104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021047NOA/52021047NOA_Notice%20of%20Amendment_09172021_(21-202104).pdf\n\n52021047NOA_Notice of Amendment_09172021_(21-202104)_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021047NOA/52021047NOA_Notice%20of%20Amendment_09172021_(21-202104)_text.pdf\n\n52021047NOA_Operator Response to Notice_10152021_(21-202104).pdf: https://primis.phmsa.dot.gov/enforcement-documents/52021047NOA/52021047NOA_Operator%20Response%20to%20Notice_10152021_(21-202104).pdf\n\n52021047NOA_Closure Letter_12142021_(21-202104)_text.pdf\n\nVIA E-MAIL TO MR. DOUG SAUER\nDecember 14, 2021\nMr. Doug Sauer\nVice President, Pipeline Regulatory Affairs\nPhillips 66 Pipeline LLC\n2331 Citywest Blvd, S820-06\nHouston, TX 77042\nCPF 5-2021-047-NOA\nClosure Letter\nDear Mr. Sauer:\nFrom April 26 through 30, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nPhillips 66 Pipeline LLC’s (“Phillips 66”) control room procedures. As a result of the inspection,\nPhillips 66 was issued a Notice of Amendment on September 17, 2021, which proposed amendment\nof your procedures.\nPhillips 66 submitted its amended procedures on November 15, 2021. My staff reviewed the\namended procedures, and it appears the inadequacies outlined in this Notice of Amendment have\nbeen corrected.\nThis letter is to inform you no further action is necessary and this case is now closed. Thank you for\nyour cooperation.\nSincerely,\nDustin Hubbard\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#21-202104)\n\n52021047NOA_Notice of Amendment_09172021_(21-202104)_text.pdf\n\nNOTICE OF AMENDMENT\nVIA E-MAIL TO MR. TODD DENTON\nSeptember 17, 2021\nMr. Todd Denton\nVice President Midstream\nPhillips 66 Pipeline LLC\n2331 Citywest Blvd, N820-05\nHouston, TX 77042\nCPF 5-2021-047-NOA\nDear Mr. Denton:\nFrom April 26 through 30, 2021, representatives of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA), pursuant to Chapter 601 of 49 United States Code (U.S.C.), inspected\nPhillips 66 Pipeline LLC’s (“Phillips 66”) control room procedures.\nOn the basis of the inspection, PHMSA has identified the following apparent inadequacies found\nwithin Phillips 66’s procedures, as described below:\n1. § 195.446 - Control room management.\n(a)…\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller’s prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1)…\n(4) A method of recording controller shift-changes and any hand-over of\nresponsibility between controllers…\n\n\n\nPhillips 66’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Phillips 66’s written procedures did not adequately implement the requirement in §\n195.446(b)(4) that operators define the roles and responsibilities of a controller during normal,\nabnormal, and emergency operating conditions, including a “method of recording controller\nshift-changes and any hand-over of responsibility between controllers.” Phillips 66’s Procedure\nP66-GEN-0009 [Rev. 9, Effective Date: 2020-07-10], Section 5.1 Short-Term Shift Turnover\ndoes not define what length of time constitutes a short-term shift turn over. Phillips 66 must\nrevise its procedure to clearly define the length of time that constitutes a short-term shift\nturnover.\n2. § 195.446 - Control room management.\n(a)…\n(b) Roles and responsibilities. Each operator must define the roles and\nresponsibilities of a controller during normal, abnormal, and emergency operating\nconditions. To provide for a controller’s prompt and appropriate response to\noperating conditions, an operator must define each of the following:\n(1)…\n(5) The roles, responsibilities and qualifications of others who have the authority to\ndirect or supersede the specific technical actions of controllers.\nPhillips 66’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Phillips 66’s written procedures do not adequately implement the requirement in §\n195.446(b)(5) that operators define the roles, responsibilities and qualifications of others who\nhave the authority to direct or supersede the specific technical actions of controllers. Phillips\n66’s procedure P66-CRM-0001 [Rev. 5, Effective Date: 2021-03-11], Section 4.2 Control Center\nPersonnel Roles and Responsibilities states that, “operator qualified Console Supervisors and\nqualified Lead Controllers have authority to direct actions of controllers.” The text of the\nprocedure states that only operator qualified console supervisors and lead controllers can direct\nthe actions of the controller. However, during the inspection, Phillips 66 stated to PHMSA that\nin practice, console supervisors and lead controllers are not qualified on all 17 consoles and\ntherefore cannot direct or supersede the specific technical actions of all controllers. Phillips 66\nmust revise its procedure to clearly define which console supervisors and lead controllers are\nqualified on each of the 17 consoles.\n3. § 195.446 - Control room management.\n(a)…\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarms. An\noperator’s plan must include provisions to:\n(1) Review SCADA safety-related alarm operations using a process that ensures\nalarms are accurate and support safe pipeline operations;\nPhillips 66’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Phillips 66’s written alarm management plan does not adequately implement the\n2\n\n\n\nrequirement in § 195.446(e)(1) that operators review SCADA safety-related alarm operations\nusing a process that ensures alarms are accurate and support safe pipeline operations. Phillips\n66’s procedure P66-CRM-2000 [Rev. 5, Effective Date 2021-03-11], Section 8.5 Rationalization\nand Documentation, quotes API RP 1167 but does not include guidance for rationalization.\nPhillips 66 staff explained that they conduct the rationalization process according to the process\nin API 1167. Phillips 66 must amend its procedure to state that the rationalization process is\nconducted by following the process in API RP 1167 and provide a method to document the\nrationalization process.\n4. § 195.446 - Control room management.\n(a)…\n(e) Alarm management. Each operator using a SCADA system must have a written\nalarm management plan to provide for effective controller response to alarms. An\noperator’s plan must include provisions to:\n(1)…\n(4) Review the alarm management plan required by this paragraph at least once\neach calendar year, but at intervals not exceeding 15 months, to determine the\neffectiveness of the plan;\nPhillips 66’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Phillips 66’s written alarm management plan does not adequately implement the\nrequirement in § 195.446(e)(4) that operators review the alarm management plan required at\nleast once each calendar year, but at intervals not exceeding 15 months, to determine the\neffectiveness of the plan. Phillips 66’s procedure P66-CRM-2000 [Rev. 5, Effective Date 2021-\n03-11], Section 13 Audit - Alarm Management Improvement Process states, \"(t)his Alarm\nManagement plan and its effectiveness will be reviewed once each calendar year at an interval\nnot to exceed 15 months.\" However, Section 13 does not contain a procedure on how to conduct\nthe effectiveness review for the alarm management plan. Phillips 66 must amend its procedure\nto include a procedure on how to conduct and document the effectiveness review for the alarm\nmanagement plan.\n5. § 195.446 - Control room management.\n(a)…\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator’s program\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator...\nPhillips 66’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Phillips 66’s written procedures do not adequately implement the requirement in §\n195.446(h) that operators review the training program content to identify potential improvements\nat least once each calendar year, but at intervals not to exceed 15 months. Phillips 66’s\nprocedure P66-CRM(h)-3500 [Rev. 7, Effective 2021-04-16] Section 1.2.4 Maintaining\n3\n\n\n\nRegulatory Compliance does not contain or reference a procedure on how to conduct the review\nof the training content to identify potential improvements. During the inspection, Phillips 66\ninformed PHMSA that, in practice, the Phillips 66 SAP system creates a work order when a\nreview is due. Phillips 66 uses the Annual DOT Document Review: Maintenance and\nOperational Procedure Review Guidelines Form and Procedure to conduct the review. Phillips\n66 must amend its procedure for reviewing the training content to identify potential\nimprovements that references the Annual DOT Document Review: Maintenance and Operational\nProcedure Review Guidelines Form and Procedure and creation of a SAP work order.\n6. § 195.446 - Control room management.\n(a)…\n(h) Training. Each operator must establish a controller training program and review\nthe training program content to identify potential improvements at least once each\ncalendar year, but at intervals not to exceed 15 months. An operator’s program\nmust provide for training each controller to carry out the roles and responsibilities\ndefined by the operator. In addition, the training program must include the\nfollowing elements:\n(1)…\n(6) Control room team training and exercises that include both controllers and other\nindividuals, defined by the operator, who would reasonably be expected to\noperationally collaborate with controllers (control room personnel) during normal,\nabnormal or emergency situations. Operators must comply with the team training\nrequirements under this paragraph no later than January 23, 2018.\nPhillips 66’s procedures are inadequate to assure safe operation of a pipeline facility.\nSpecifically, Phillips 66’s written procedures do not implement the requirement in §\n195.446(h)(6) that operators include both controllers and other individuals, defined by the\noperator, who would reasonably be expected to operationally collaborate with controllers\n(control room personnel) during normal, abnormal or emergency situations in its training\nprogram. Phillips 66’s procedure P66-CRM-0001 [Rev. 5, Effective Date: 2021-03-11], Section\n13.2.3 Control Room Team Training states, \"controllers will participate in Team Training\nannually not to exceed 15 months. In Team Training, Controllers will learn skills to collaborate\nas a team involving abnormal and/or emergency operating conditions. The training is structured\nto focus on communication and soft skills in situations that require team collaboration. Control\nroom team includes Controllers, Lead Controllers, Console Supervisors, Operating Excellence\nSupervisor, Leak Detection Engineers, and Control Center Manager.\" Phillips 66 does not\ninclude other individuals, defined by the operator, who would reasonably be expected to\noperationally collaborate with controllers (control room personnel) during normal, abnormal or\nemergency situations in the team training sessions. Instead, during the inspection, Phillips 66\ninformed PHMSA that it routinely has a CRM staff member stand in for the \"other individual\"\nduring the team training sessions. Phillips 66 must amend its procedure to require both\ncontrollers and other individuals, who would reasonably be expected to operationally collaborate\nwith controllers during normal, abnormal or emergency situations, to attend the Team Training\nsessions.\n4\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 as\npart of this Notice is a document entitled Response Options for Pipeline Operators in\nCompliance Proceedings.\nPlease refer to this document and note the response options. Be advised that all material you\nsubmit in response to this enforcement action is subject to being made publicly available. If you\nbelieve that any portion of your responsive material qualifies for confidential treatment under 5\nU.S.C. 552(b), along with the complete original document you must provide a second copy of\nthe document with the portions you believe qualify for confidential treatment redacted and an\nexplanation of why you believe the redacted information qualifies for confidential treatment\nunder 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 in\nthis Notice without further notice to you and to issue an Order Directing Amendment. If your\nplans or procedures are found inadequate as alleged in this Notice, you may be ordered to amend\nyour plans or procedures to correct the inadequacies (49 C.F.R. § 190.206). If you are not\ncontesting this Notice, we propose that you submit your amended procedures to my office within\n60 days of receipt of this Notice. This period may be extended by written request for good\ncause. Once the inadequacies identified herein have been addressed in your amended\nprocedures, this enforcement action will be closed.\nIt is requested (not mandated) that Phillips 66 maintain documentation of the safety improvement\ncosts associated with fulfilling this Notice of Amendment (preparation/revision of plans,\nprocedures) and submit the total to Dustin Hubbard, Director, Western Region, Pipeline and\nHazardous Materials Safety Administration. In correspondence concerning this matter, please\nrefer to CPF 5-2021-047-NOA and, for each document you submit, please provide a copy in\nelectronic format whenever possible.\nSincerely,\nDustin Hubbard\nDirector, Western Region, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\nEnclosure: Response Options for Pipeline Operators in Enforcement Proceedings\ncc: PHP-60 Compliance Registry\nPHP-500 J. Dunphy (#21-202104)\n5","truncated":false,"body_characters":15467}